Chapter 6.01
GENERAL PROVISIONS
Sections:
6.01.030 Keeping of numerous dogs and cats in the City.
6.01.035 Domestic cat management.
6.01.050 Cleaning up after pets.
6.01.060 Running at large prohibited.
6.01.070 Animals on public school property.
6.01.080 Duty when striking domestic animals with motor vehicle.
6.01.090 Found domestic animals.
6.01.100 Possession of another’s animal.
6.01.010 Purpose.
The public policy of the City is to secure, maintain and control animals to protect human health and safety and, to the greatest degree practical, prevent injury to persons and property and animal cruelty. (Ord. C-669 § 4, 2008)
6.01.020 Definitions.
A. “Abatement” means the termination of any violation by reasonable and lawful means determined by the Chief of Police or his/her designee.
B. “Animal” means any living creature except a human being.
C. “Animal control authority” means a person or entity authorized to enforce the animal control laws of the City, including the Airway Heights Police Department acting alone or in concert with the Spokane County Animal Control Division for enforcement of the animal control laws of the City, county and state.
D. “Animal control officer” means any individual employed, contracted or appointed by the City Manager for the purpose of aiding in the enforcement of this title or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals, and includes any state or local Law Enforcement Officer or other employee whose duties in whole or in part include the seizure of and taking into custody of any animal. For the purposes of this title, this definition shall apply where a person charged with enforcement of this title is referred to as “officer” or “official.”
E. “At large” means to be off the premises of the owner or keeper and not under control of the owner or keeper or other competent person by leash; except an animal within a vehicle on the owner’s or keeper’s premises.
F. “Authorized enforcement personnel” means the duly appointed Animal Control Officer, his or her designated representative, any member of the Airway Heights Police Department, any City Code Enforcement Official, or anyone appointed by the City Manager to enforce the provisions of this title.
G. “Dangerous dog” means any dog that (1) has inflicted severe injury on a human being without provocation on public or private property, (2) has killed a domestic animal without provocation while off the owner’s property, or (3) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of the public or domestic animals.
H. “Dangerous dog and potentially dangerous dog determination” will be determined by the Animal Control Authority and may be appealed to the Hearing Examiner.
I. “Domesticated animals” means those domestic beasts such as any dog or cat (not running at large), rabbit, horse, mule, donkey, bovine animal, lamb, goat, sheep, hog or other animal including fowl made to be domestic.
J. “Euthanasia” means the humane destruction of an animal, accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during such loss of consciousness.
K. “Grooming parlor” means any place or establishment, public or private, where animals are bathed, clipped or combed for consideration or compensation.
L. “Harboring” means the presumption of ownership of an animal by an occupant of any premises on which the animal remains or to which it customarily returns daily for food and care.
M. “Juvenile” means any dog or cat, altered or unaltered, under the age of six months.
N. “Kennel” means a place where four or more dogs or cats over four months of age are kept, whether by the owners or keepers of the dogs or cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal veterinary hospital, clinic or pet shop.
O. “Leash” means a cord, rope, or chain not more than eight feet in length.
P. “Livestock” means animals such as horses, bovine animals, sheep, goats, swine, reindeer, donkeys, llamas, and mules, and like animals.
Q. “Neutered” or “spayed” means action performed by a licensed veterinarian meant to prevent conception by an animal.
R. “Neighborhood” means all residences within 300 feet of each other.
S. “Owner” or “keeper” means any person having an interest in or right of possession to an animal or any person having control, custody, or possession of any animal, or one who by reason of the animal being reasonably believed to reside at a location shall be presumed the owner harboring an animal.
T. “Pack of dogs” consists of a group of three or more dogs running at large on either public or private property not owned, rented or leased by their owner or keeper.
U. “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.
V. “Permanent license” means a special one-time-issued tag to a specific owner and for a specific dog, that must be neutered or spayed, that is valid for the life of the dog. It is not transferable to another owner or animal.
W. “Pet shop” means a person or establishment that acquires animals bred by others and/or supplies for animals, whether as owners or keepers, agents, or on consignment, and sells or offers to sell such animals and/or supplies to the public.
X. “Potentially dangerous dog” means any dog that when unprovoked: (1) inflicts bites on a human being or a domestic animal either on public or private property, or (2) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency or disposition to attack unprovoked without provocation, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals or other animals protected under federal, state or local rules or an offspring, older than eight weeks, born to a dog found to be a dangerous dog.
Y. “Proper confinement of a dangerous dog” means a securely enclosed area of the owner’s or keeper’s premises, locked pen, kennel or other exterior structure on such premises, suitable to prevent the entry of young children or human extremities and designed to prevent a potentially dangerous or dangerous dog from escaping. Such pen, kennel, or other structure shall have secure sides and a secure top, and provide protection from the elements for the dog. If such pen, kennel, or structure has no bottom secured to the sides, the sides shall be embedded not less than two feet into the ground. Doors, windows, or other openings enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this section.
Z. “Provocation” means taunting, teasing, willfully causing undue pain, and/or unlawful entry upon or into the property of the owner or keeper.
AA. “Running at large” means to be off the premises of the owner and not under the control of the owner or competent person authorized by the owner either by leash or other means.
AB. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
AC. “Service animal” means an animal that is trained for the purposes of assisting or accommodating a disabled person’s sensory, mental or physical disability.
AD. “Shelter” means a facility which is used to house or contain stray, homeless, abandoned, or unwanted or illegally maintained animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other organizations devoted to the welfare, protection, and humane treatment of animals.
AE. “Under control” means the animal is under control by leash or muzzle and other means so it is restrained from approaching a bystander or other animals or from causing or being the cause of physical property damage or personal injury when off a leash or off the premises of the owner or keeper.
AF. “Vicious animal” means an animal other than a “dangerous dog” or “potentially dangerous dog” displaying the characteristics or propensity to do an act that endangers the safety of a person, animal, or property of another, including but not limited to a disposition to mischief or fierceness that is reasonably believed to result in an attack on human beings or other animals without provocation. (Ord. C-669 § 5, 2008)
6.01.030 Keeping of numerous dogs and cats in the City.
It shall be unlawful for any person or persons to keep more than three dogs and two cats, or three cats and two dogs, for a total of five animals, in the City; except that a litter of pups or a litter of kittens or a portion of a litter may be kept for a period of time not exceeding five months from birth. The provisions of this section shall not apply to any establishment wherein dogs or cats are kept for breeding, sale, sporting purposes or boarding; provided, that such establishment complies with City land use and zoning regulations and possesses a City business license. (Ord. C-669 § 6, 2008)
6.01.035 Domestic cat management.
A. Domestic cats, in particular feral, diseased, injured, and at large have the potential to cause a health and safety risk within the City limits.
B. The City Manager or a member of the Airway Heights Police Department at their option may request Spokanimal to take actions or impound domestic cats under lawful conditions.
C. The holding period for cats shall be 72 hours from the time of impoundment. If sick, injured, or feral they will be immediately euthanized unless ownership is known or they are wearing current identification. (C-829 § 1, 2014)
6.01.040 Barking dogs.
A. It is unlawful for any person knowingly to keep or harbor any dog which barks, howls or yelps for more than 10 minutes in one hour, disturbs the peace and quiet of the neighborhood, or in such manner as to unreasonably disturb persons in the neighborhood. Whoever harbors such a dog maintains a public nuisance, and shall be guilty of a civil infraction as defined in this chapter.
B. Whenever any person shall complain to the Animal Control Officer or the City that a dog which habitually barks, howls or yelps is being kept by any person in the City, the Animal Control Officer shall first notify the owner of the dog that a complaint has been received and that the person should take whatever steps necessary to alleviate the barking, howling or yelping.
C. When a notice given to the person alleged to be keeping a dog as set forth in subsection (B) of this section is ineffective, then a written verified complaint of at least two persons not from the same residence may be presented to the Animal Control Officer or the City, alleging that a dog that habitually barks, howls or yelps is being kept by a person within the City. If the Animal Control Officer observes the violation, his/her written statement can substitute for one of the persons.
D. The authorized enforcement officer shall inform the owner of such dog that the petition has been received and may cite the owner of the dog for violation of this section. (Ord. C-669 § 7, 2008)
6.01.050 Cleaning up after pets.
A. No person shall cause or allow any pen, yard, or kennel run or other structure wherein any dog may be kept to become unclean or unsanitary because of the failure to remove and dispose of filth, trash or excrement which emits noxious odors or is hazardous to humans or any animal.
B. Any person owning, keeping, possessing or harboring any dog or cat shall in a timely matter remove and dispose of all feces left by the dog or cat on any public property and on any private property not owned by such person or lawfully occupied by such person. (Ord. C-669 § 8, 2008)
6.01.060 Running at large prohibited.
A. It is unlawful for any person owning or possessing any dog to allow such dog to run at large in the City. Running at large includes running without permission on the private property of any individual without their consent, or on public property.
B. A dog shall not be considered to be running at large if it is on a proper leash or a secure restraint and under control of a person capable of physically controlling the animal. (Ord. C-669 § 9, 2008)
6.01.070 Animals on public school property.
Reserved. (Ord. C-669 § 10, 2008)
6.01.080 Duty when striking domestic animals with motor vehicle.
Any person who while operating a motor vehicle strikes an animal shall immediately stop, render reasonable assistance to the animal, and report any injuries to the animal to its owner. If the owner cannot be found, the incident must be reported to the Airway Heights Police Department. This section shall not be construed as requiring the person striking the animal to be financially liable for any injury or death of the animal. (Ord. C-669 § 11, 2008)
6.01.090 Found domestic animals.
Any person who finds and harbors an animal, subject to licensing pursuant to this chapter, shall notify the Police Department, furnishing a description of the animal. The person may surrender the animal to the Police Department or retain its possession, subject to surrender upon demand by the Animal Control Officer. Records of reported findings shall be retained by the City of Airway Heights Animal Control Officer and made available for public inspection. If the person retains the animal for a period of 30 days, the person must then license the animal as a newly acquired animal, unless such animal is too young to license, or surrender the animal to the City Animal Control Officer. (Ord. C-669 § 12, 2008)
6.01.100 Possession of another’s animal.
Anyone having in his possession an animal not owned by him, without consent of the lawful owner or custodian, shall immediately notify the Police Department and release such animal to the City or designee on demand without charge. (Ord. C-669 § 13, 2008)
6.01.110 Rabies control.
A. It is unlawful for the owner of an animal when notified that such animal has bitten a person or has injured a person as to cause an abrasion of the skin, to sell, give away, or permit or allow such animal to be taken beyond the limits of the City, except to a veterinary hospital, but it shall be the duty of such owner upon receiving notice of the occurrence of such bite or abrasion to immediately place such animal in a duly licensed veterinary hospital for at least 14 days or to deliver such animal to the Police Department or their agent for impoundment; provided, upon authorization of a licensed veterinarian, such animal may be released to the custody of its owner or keeper upon the owner’s or keeper’s undertaking to keep the same securely chained and confined to the premises of the owner or keeper and segregated from other animals during such observation period. In case such animal is delivered to a veterinary hospital by the owner or keeper, the owner or keeper shall immediately furnish notice thereof to the Chief of Police. A veterinary hospital, upon the receipt of such animal, shall submit to the Chief of Police a certificate stating that the animal either:
1. Shows no symptoms of rabies; or
2. Shows symptoms of rabies.
B. At the expiration of the 14-day period of confinement and upon release of such animal because not rabid, a veterinary hospital shall submit to the Chief of Police a second certificate stating that the animal has been found not to be rabid and has been released. A licensed veterinarian releasing such animal to its owner or keeper for confinement during the observation period shall at the end of the 14-day period submit a report to the Chief of Police as to the condition of such animal.
1. Costs of maintaining an animal in a veterinary hospital shall be paid by the owner.
2. If a fierce, dangerous, or vicious animal cannot be safely taken up and impounded, such animal may be euthanized by the Police Department or any of its officers or agents.
3. In cases where an animal that has bitten a person or caused an abrasion of the skin is euthanized by an officer, and a period of less than 14 days has elapsed since the day the animal bit a person or caused an abrasion of the skin of a person, it is the duty of the Chief of Police or his authorized agent to deliver the brain of such animal to the laboratory of the state Department of Health.
4. Whenever rabies among dogs becomes prevalent in eastern Washington or in the county, or whenever eastern Washington or the county are declared to be under a rabies quarantine, the City Manager may order every dog within the City inoculated, may order all dogs muzzled unless confined within a pen, and may make such other orders as may be necessitated to protect the public from this health hazard. During the time such orders are in force, the Chief of Police and his officers may be ordered by the City Manager to euthanize dogs found running at large.
5. For the purposes of this section, a Spokane County Animal Control Center qualifies as a duly licensed veterinary hospital. (Ord. C-669 § 14, 2008)