Chapter 6.04 ANIMAL CONTROL

C. The provisions of this chapter shall apply to every domestic animal, livestock animal and exotic animal located within Chehalis, whether or not such animal is owned, kept or maintained within the city, except as specified in CMC 6.04.040. [Ord. 895B § 2, 2012.]

6.04.020 Disclaimer of liability.

It shall be the responsibility of every person owning, keeping and/or maintaining any animal within the city to comply with the requirements of this chapter. Any decision made or action performed by any police officer, animal control officer or administrative officer in exercising authority in the normal course of their employment under this chapter, and/or the licensing of any animal by the city, shall not constitute or create any liability whatsoever, nor shall any such activity create any cause of action against the city, or any official or employee thereof, for any direct or consequential damage that may result from such activity. No action or inaction by any citizen relating to the owning, keeping, or maintaining of any animal shall create a cause of action or liability against the city. [Ord. 895B § 2, 2012.]

6.04.030 Definitions.

“Abandon” means the deliberate act of leaving an animal:

1. Unattended, without food, water, or care for 24 hours or more; or

2. In a situation where the conditions present an immediate, direct and serious threat to the life, safety or health of the animal; or

3. In the custody of the city after a required holding period without an approved disposition of the animal.

“Animal control officer” means a code enforcement officer when providing service or enforcement relating to animals.

“Animal, dangerous” means any animal that has:

1. Inflicted severe injury or multiple bites on a human being without provocation on public or private property; or

2. Killed a domestic animal or livestock while off the owner’s property; or

3. Been previously declared potentially dangerous, and subsequently bites, attacks or endangers the safety of humans or other animals.

“Animal, domestic” means any/all of the following:

1. Dog (canine) having no genetic portion of exotic animal;

2. Cat (feline) having no genetic portion of exotic animal;

3. Potbellied pig when housed within the residence of the owner;

4. Any animal certified by an approved training facility to perform assistance to a disabled person when housed within the residence of such person;

5. A bird such as a canary, parakeet, cockatiel, cockatoo, parrot, and similar bird which is capable of surviving in a caged environment within a residential structure, and is so caged;

6. Rabbit or hare when housed within the residence of its owner;

7. Carrier pigeon;

8. Hamster, gerbil, white mouse and other rodent which does not carry any disease.

“Animal, exotic” means any/all of the following when owned, maintained or kept by any person:

1. Wolf hybrid (any animal having any genetic portion of wolf);

2. Any canine other than a domestic dog which is capable of maintaining its normal lifestyle and procreating in a caged environment;

3. Any feline other than a domestic cat which is capable of maintaining its normal lifestyle and procreating in a caged environment;

4. Any domestic bird which is not kept within a cage;

5. Any snake, lizard or other reptile;

6. Any nonhuman primate or prosimian;

7. Any bear;

8. Any crocodilia, alligator, caiman or gavial;

9. Any shark, barracuda, piranha, stingray, jellyfish and similar fish capable of injuring a human;

10. Any spider, tarantula or other arachnid;

11. Any bee, hornet, wasp or other similar insect capable of injuring a human;

12. Any turtle or tortoise;

13. Any ferret or other weasel or similar mammal;

14. Any other hybrid animal or wildlife, other than a domestic animal, which is secured, kept, and/or maintained within a residential structure or premises.

“Animal, livestock” means any/all of the following:

1. Cow, bovine;

2. Horse, mule, jack, jenny, burro and other horse hybrid;

3. Sheep, goat, and ram;

4. Pig, hog, and swine;

5. Rabbit and hare when not housed within the residence of its owner;

6. Ostrich, emu, and similar fowl;

7. Llama;

8. Chicken, hen, rooster, duck, goose, swan, and similar poultry;

9. Any other cloven-hoofed animal;

10. Any domestic or exotic animal when bred and/or sold for commercial purposes.

“Animal, potentially dangerous” means any animal that:

1. When unprovoked, bites a human 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 aggression or attack; or

3. Is a breed or type with a propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals, and has exhibited such behavior in any degree or fashion; or

4. Has any portion of its genetic makeup consisting of wolf or wolf hybrid.

“Animal waste” means:

1. The remains of any animal that has died and begun decomposition (carcass); or

2. Fecal matter deposited on any surface by any animal (feces).

“Animal, wildlife” means any animal which is not domestic, exotic or livestock.

“At large” means any animal off the property of an owner or custodian, and not properly confined by a tether, pen, enclosed structure, fenced area, or on a leash eight feet or shorter and under the direct physical control of the owner or custodian. This does not include an animal in an approved obedience school, on a field training exercise under the direct control of a handler, or an animal within a vehicle.

“City” means the city of Chehalis.

“CMC” means the Chehalis Municipal Code.

“Code enforcement officer” means a city employee appointed by the director to administer and enforce the provisions of this chapter.

“Confine” means to prevent an animal from access to other than a designated area by means of an enclosure.

“Cruelty” means any act by any person, other than a licensed veterinarian while practicing medicine, whether deliberate or negligent, which can cause pain, suffering, fear, illness, agitation, anger, discomfort or death to any animal.

“Custodian” means a person possessing an animal and responsible for its care and maintenance as an agent for the owner.

“Department” means the department of community development of the city.

“Detain” means to prevent an animal from access to other than a designated area by means other than an enclosure.

“Director” means the director of the department of community development of the city, a designee, or an authorized representative.

“Dispose of” means to:

1. Euthanize an animal by a lethal dose of sodium phenobarbital or a similar approved substance;

2. Deposit any animal waste into an approved trash receptacle.

“Disposition” means an agreed and approved course of events providing for the release of an animal from the custody or control of the city.

“Dog, attack” means any dog (canine) not owned by a government agency, which has been trained and is used for the purpose of exhibiting hostile and aggressive behavior, or which will attack and/or bite on signal or command.

“Dog, dangerous” means a canine which is a dangerous animal.

“Dog, guard” means any canine not owned by a government agency which has been trained and is used for the purpose of protecting persons or property by exhibiting hostile and aggressive behavior.

“Dog, potentially dangerous” means a canine which is a potentially dangerous animal.

“Enclosure, dangerous animal” means a locked pen or structure, suitable to prevent the entry of children and designed to prevent the animal from escaping; such pen or structure having secure sides and a secure top and bottom, and providing protection from the elements for the animal.

“Enclosure, estrus” means a fenced yard or structure suitable to prevent the animal from escaping, and prevent uncontrolled access by other animals to the yard or structure.

“Enclosure, potentially dangerous animal” means a locked pen or structure, suitable to prevent the entry of children and designed to prevent the animal from escaping; such pen or structure having secure sides and top, and providing protection from the elements.

“Excessive temperature” means ambient air temperature at the location of an animal which is less than 40 degrees Fahrenheit or more than 90 degrees Fahrenheit.

“Harbor” means to allow any animal which is not owned to remain, be lodged, fed or sheltered on property one owns, occupies or controls, for more than 24 hours.

“Holding period” means either:

1. Three business days commencing at the close of regular business on the day of impoundment of any animal; or

2. Ten calendar days for any quarantined animal.

“Injury, severe” means any injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

“Injury to animal” means:

1. Any physical act or failure to act by a human which causes or results in an animal experiencing any pain, broken bones, laceration, abrasion, contusion, fear, agitation, anger, internal trauma, damaged organs, chemical trauma, respiratory trauma or any other effect which is detrimental to its well-being;

2. Any action of an animal which could have reasonably been prevented by its owner or custodian that results in an injury to itself.

“Injury to human” means:

1. Any action of any animal, including, but not limited to, biting which causes a laceration, abrasion, contusion or puncture wound of the skin of a human which requires professional medical intervention to mitigate the effect of the injury, or contacts a human with sufficient force to cause the human to lose their balance or fall, whether or not any bones are broken;

2. Conveyance of any disease to a human by any animal by any means.

“Keep” means to allow any animal which is owned to remain, be lodged, fed, or sheltered on property one owns, occupies or controls, for more than 24 hours.

“License” means the metal or plastic identification tag issued for an animal by the city.

“Maintain” means to provide proper food, protection, lodging, and/or medical attention to an animal.

“Owner” means the person who is 18 or more years of age, a firm, or a corporation legally entitled to determine the welfare of an animal, and is legally responsible for the animal pursuant to Washington State law.

“Permit” means human conduct in relation to an owned, kept, or harbored animal which is intentional, deliberate, careless, inadvertent or negligent.

“Provoke” means to:

1. Initiate any action designed or intended to elicit a reactive response from an animal; or

2. Knowingly approach any animal in a manner which would reasonably be interpreted by the animal as threatening or endangering.

“Quarantine” means the 10-day confinement, isolation and observation of an animal that has inflicted a bite upon any person or animal where such bite has broken the skin or otherwise caused blood to appear on the skin.

“Rabies carrier” means any species of animal designated by the state pursuant to WAC 248-100-450 as unlawful to keep or maintain, including, but not limited to, skunk, fox, raccoon, and other wildlife.

“Registration” means the city records identifying the owner, animal, residence and other information relating to a specific license, or to a specific animal if a license is not required.

“Responsible person” means any person who is 16 or more years of age providing exclusive temporary care for and/or control of any animal belonging to an owner for a period of time less than, but up to, 30 days.

“Shelter, city” means the facility designated by the director to be used by the animal control officer for the proper administration and enforcement of this chapter.

“Shelter, county” means the facility operated by Lewis County which provides adoption, euthanasia or other proper disposition of animals and/or renders other services to the city relating to this chapter.

“Sterilized” means any animal rendered permanently incapable of reproducing or procreating by surgical alteration, implantation of a device, or other physical means.

“Trespass” means entry by any person or animal upon the property of another person without the authorization of the lawful occupant.

“WAC” means the Washington Administrative Code.

“Wolf” means a carnivorous mammal, Canis lupus of northern regions, or C. niger of southwest North America, related to and resembling the dog.

“Wolf, hybrid” means:

1. Any animal resulting from any animal breeding with a wolf or other animal having wolf genetics; or

2. Any animal which has any portion of the genetic makeup of a wolf regardless of the percentage of wolf. [Ord. 895B § 2, 2012.]

6.04.040 Animals excepted from regulation.

The following types of animals shall not be subject to the requirements of this chapter, provided the owners of such animals shall remain liable and responsible for any damage occasioned by such animal consistent with applicable laws:

A. K-9 units (canines) owned by any law enforcement agency while such unit is on active duty, within a secure training facility, or on a controlled field exercise;

B. Wildlife;

C. Any animal owned, kept, or maintained by a licensed or approved circus (or similar type business);

D. Any animal owned, kept, or maintained by a licensed or approved research facility which is routinely inspected and controlled by a government agency; and

E. Any animal owned, kept, or maintained by a licensed or approved zoo facility. [Ord. 895B § 2, 2012.]

6.04.050 Fees.

A. Fees charged for required licensing activity associated with owning, keeping, or maintaining any animal, and for the detainment, quarantine, impoundment and/or disposition of animals by the city shall be as prescribed in CMC Title 17, Chapter A, Schedule of Fees and Charges.

B. The director may consider reducing applicable fees for activities other than licensing if a formal appeal is filed pursuant to CMC 6.04.240, and the appellant demonstrates to the satisfaction of the director that such reduction is appropriate and justified. [Ord. 895B § 2, 2012.]

6.04.060 City shelter.

A. There shall be a facility designated by the director equipped for handling, keeping, and maintaining animals detained or impounded by the city. Provisions shall be made for cleaning such facility consistent with the type of usage anticipated, and proper disposal of animal waste.

B. The location of such facility shall not be readily accessible to the general public except by special arrangement, and need not be disclosed to unauthorized persons. However, provisions shall be made for transporting specific animals to the community development office for release to an authorized person. [Ord. 895B § 2, 2012.]

6.04.070 Right of entry.

A. Any police officer or animal control officer may enter any private property to determine compliance with the provisions of this title, or to impound any dangerous, potentially dangerous, sick, injured, vicious or threatened animal when such officer has obtained a warrant pursuant to applicable laws.

B. Any police officer or animal control officer may enter any motor vehicle parked on any public property or public right-of-way without a warrant when such officer has reason to believe that the health or safety of any animal contained in such vehicle is in danger, or when any citizen may be in danger from such an animal. Such officer shall be, and hereby is, authorized to insert a temperature probe into such vehicle.

C. Any police officer or animal control officer may enter any private property without a warrant when such officer is in pursuit of any unauthorized animal at large.

D. Any police officer or animal control officer may enter any private property without a warrant when such officer has reason to believe that any animal is in an environment detrimental to its health or welfare, or when any animal is in imminent danger of death or serious injury, or when the environmental conditions of the animal constitute cruelty.

E. Any police officer or animal control officer may enter any private property without a warrant to impound any animal which such officer determines would be neglected because of the incarceration of the caretaker of such animal.

F. Any police officer or animal control officer may enter any private property without a warrant to address the nuisance created by the animal in violation of this section and may impound an animal from the property where the violation is occurring between the hours of 10:00 p.m. and 6:00 a.m. if the officer is unable to contact an owner or responsible person or if the owner or responsible person is/are unwilling to take actions to stop the nuisance from occurring. [Ord. 895B § 2, 2012.]

6.04.080 Licensing – Dog (canine).

A. Every dog which is owned, kept or maintained within the city for more than 30 days, and is more than three months of age, shall be licensed with the city, and shall wear such license on a collar or other approved device. Such license shall be numbered, and shall be registered to the legal owner of such dog.

B. The initial license issued for any dog shall expire on December 31st of the calendar year issued. The fee for a dog license for an unaltered animal may be reduced by one-half if such license is issued on or after July 1st of a calendar year.

C. On or before January 31st of each calendar year, the registered owner of every dog licensed within the city shall renew such license, and pay the required renewal fee. The registered owner of such dog shall be responsible for such renewal. It shall also be the responsibility of such owner to advise the city of any demise or other disposition of such dog which precludes the need for required licensing.

D. The city shall maintain a record system to issue, renew, identify and keep current the license information for each dog within the city. Such record system shall identify the name and address of the owner of each licensed dog, and such other information as determined necessary by the director. Such information shall be considered confidential, and shall only be disclosed to police and animal control officers, or as may be directed by a court proceeding.

E. Every dog required to be licensed within the city shall be currently vaccinated against rabies, and the initial license application and any subsequent renewal shall require proof of such current vaccination.

F. Every dog which has been sterilized, and proof of such sterilization is presented to the city at the time of initial licensing, shall pay a reduced license fee and renewal fee as listed in CMC Title 17, Chapter A, Schedule of Fees and Charges.

G. If proof of sterilization is presented to the city subsequent to the initial licensing of a dog, the reduced fees shall be applicable on and after the next renewal date for the license. No reduced fees shall be retroactive. [Ord. 895B § 2, 2012.]

6.04.090 Registration – Attack dog.

A. Attack dogs, except those owned and used by a government agency, are prohibited within the city limits except as provided in this section.

B. Attack dogs may be permitted to be used for training and/or exhibition when performing under the immediate control of the chief of police, or an agency authorized by the chief to perform within the city. The conduct of such performance shall be authorized and approved by the chief, and such safeguards as may be directed by the chief shall have been implemented prior to such performance.

C. Any attack dog which is authorized to perform in the city shall be registered with the chief of police. There shall be no fee for such registration; however, the owner of such dog shall be responsible for implementing any safeguards required by the chief. [Ord. 895B § 2, 2012.]

6.04.100 Licensing – Guard dog.

A. Every guard dog within the city shall be licensed as required in CMC 6.04.080.

B. The owner of every guard dog shall obtain a city business license as provided in Chapter 5.04 CMC.

C. The owner of every guard dog shall provide proof of current liability insurance in a minimum amount of $1,000,000 covering all actions of such dog at all times. Such proof shall be submitted at the time of licensing and be effective during the entire applicable licensing period. [Ord. 895B § 2, 2012.]

6.04.110 Licensing – Cat (feline).

A. Cats shall not be required to be licensed within the city.

B. If the owner of any cat within the city desires to license the cat for identification purposes, such owner may make application for such a license. The same procedure and criteria for licensing dogs (CMC 6.04.080) shall be used for licensing cats, provided annual renewal shall not be mandatory. [Ord. 895B § 2, 2012.]

6.04.120 Licensing – Exotic animal.

A. Exotic animals shall not be required to be licensed within the city.

B. Exotic animals shall be subject to all regulations contained in this title, and owners of exotic animals shall be subject to the performance criteria and liability specified in this title. [Ord. 895B § 2, 2012.]

6.04.130 Licensing – Livestock.

A. Livestock animals shall not be required to be licensed within the city.

B. Livestock animals shall be subject to all regulations contained in this title, and owners of livestock animals shall be subject to the performance criteria and liability specified in this title. [Ord. 895B § 2, 2012.]

6.04.140 Registration – Microchipped animal.

Any animal which is microchipped may be registered with the city. The procedure and criteria specified in CMC 6.04.080 shall be used for processing such registration applications, provided annual renewal for such registration is not required. Any applicable requirements for licensing such animal are not waived by such registration, and any required licensing will also constitute registration of such animal for the purpose of microchip identification. [Ord. 895B § 2, 2012.]

6.04.150 Declaration – Potentially dangerous animal.

A. Any animal exhibiting the characteristics or activity described in CMC 6.04.030 (“animal, potentially dangerous”) shall be declared a potentially dangerous animal.

B. The director shall make such declaration, and convey said declaration to the owner of record of the subject animal, or such owner as may otherwise be known to the director.

C. If the circumstances involved in the incident causing such declaration resulted in the animal being impounded by the city, the animal shall be kept in impound until:

1. The owner of such animal has complied with all applicable provisions of CMC 6.04.160;

2. Any applicable quarantine period has elapsed without incident; and

3. All applicable fees have been paid.

D. If the circumstances involved in the incident causing such declaration did not result in the animal being impounded by the city, the city shall issue a notice to the owner of such animal giving five days in which to comply with all applicable provisions of this title.

E. The owner of a potentially dangerous animal may voluntarily relinquish ownership of such animal by submitting a city form for this purpose, and conveying the animal to the city. Such form shall attest to the ownership and shall be notarized. [Ord. 895B § 2, 2012.]

6.04.160 Requirements – Potentially dangerous animal.

The owner of any animal declared potentially dangerous by the city shall comply with the following criteria:

A. License the animal if required by this title.

B. Register the animal as a potentially dangerous animal, whether or not a license is required. Such registration shall be on forms provided by the city and shall be renewed annually, and applicable fees paid.

C. Submit proof of liability insurance in a minimum amount of $1,000,000 covering actions of the specific animal. Such coverage may be included in a liability insurance policy or a specific rider. Such insurance coverage shall not lapse during the period of time that the potentially dangerous animal is owned, kept, or maintained within the city.

D. Provide a secure enclosure for the animal consisting of:

1. For a dog: a fenced enclosure consisting of minimum six-foot-high walls without horizontal members which would provide an opportunity for climbing; minimum five square feet of area for each pound of weight of the dog within the enclosure; adequate shelter from the elements, including temperature; provisions for food and water without compromising the security of the enclosure;

2. For other than a dog: the owner of such animal shall submit to the director a plan for a secure enclosure for such animal. The director shall approve or modify such plan consistent with the type of animal and the specific circumstances involved.

E. As an alternative to subsection (D) of this section:

1. Provide a minimum six-foot-high fence enclosing all or a portion of the rear yard area of the property where such fence height is allowable; and

2. Provide an auger anchor within the rear yard area of the premises, and a cable or chain with an approved choke-chain collar sufficient to withstand a minimum 500-pound load without failure, and designed so that the animal cannot entangle itself in such assembly; and reach within five feet of the fence; and

3. Securely attach the animal to the choke collar at any time the animal is outside the owner’s residence.

F. Any secure enclosure shall be located:

1. At least five feet from a property line if such enclosure has any openings which would allow a child’s finger to pass through (any opening greater than one-quarter inch in width);

2. Within an area of the property which does not violate any provisions of the zoning or development regulations for the size and type of structure.

G. Any secure enclosure which has any openings greater than one-quarter inch in width shall have posted a “dangerous dog” sign issued by the city. Such a sign shall also be posted on any wall which is less than 20 feet from any property line. Such signs shall be approximately centered horizontally on such wall at a minimum height of three and one-half feet and a maximum height of five feet.

H. At such time as the animal is not within the secure enclosure, it shall be:

1. Confined within the residence of its owner; or

2. Secured with a leash, tether, cage, or other means, or under the control of the owner or custodian so that the animal cannot stray more than four feet from the person controlling it.

I. No potentially dangerous animal shall be allowed upon a public right-of-way or public property without being secured on a leash or tether by a person at least 18 years of age and physically capable of controlling the animal, or in an approved cage. [Ord. 895B § 2, 2012.]

6.04.170 Declaration – Dangerous animal.

A. Any animal exhibiting the characteristics or activity described in CMC 6.04.030 (“dangerous animal”) shall be declared a dangerous animal.

B. The director shall make such declaration, and convey said declaration to the owner of record of the subject animal, or such owner as may otherwise be known to the director.

C. If the circumstances involved in the incident causing such declaration resulted in the animal being impounded by the city, the animal shall be kept in impound until:

1. The owner of such animal has complied with all applicable provisions of CMC 6.04.180;

2. Any applicable quarantine period has elapsed without incident; and

3. All applicable fees have been paid.

E. The owner of a dangerous animal may voluntarily relinquish ownership of such animal by submitting a city form for this purpose, and conveying the animal to the city. Such form shall attest to the ownership and shall be notarized. [Ord. 895B § 2, 2012.]

6.04.180 Requirements – Dangerous animal.

The owner of any animal declared dangerous by the city shall comply with the following criteria:

A. License the animal if required by this title.

B. Register the animal as a dangerous animal whether or not a license is required. Such registration shall be on forms provided by the city and shall be renewed annually and applicable fees paid.

C. Submit proof of liability insurance in a minimum amount of $1,000,000 covering actions of the specific animal. Such coverage may be included in a liability insurance policy or a specific rider. Such insurance coverage shall not lapse during the period of time that the dangerous animal is owned, kept, or maintained within the city.

D. Provide a secure enclosure for the animal consisting of:

1. For a dog: a fenced enclosure consisting of minimum six-foot-high walls without horizontal members which would provide an opportunity for climbing; a secure top; a secure bottom or embedment of the walls a minimum of 24 inches below grade; minimum five square feet of area for each pound of weight of the dog within the enclosure; adequate shelter from the elements, including temperature; provisions for food and water without compromising the security of the enclosure;

E. Any secure enclosure shall be located:

1. At least five feet from a property line;

2. Within an area of the property which does not violate any provisions of the zoning or development regulations for the size and type of structure.

F. Any secure enclosure shall have posted a “dangerous dog” sign issued by the city. Such sign shall be posted on any wall which is visible from any public way or an adjacent property. Such signs shall be approximately centered horizontally on such wall at a minimum height of three and one-half feet and a maximum height of five feet.

G. At such time as the animal is not within the secure enclosure, it shall be:

1. Confined within the residence of its owner; or

2. Secured with a leash, tether, cage or other means, under the control of the owner or custodian, such that the animal cannot stray more than four feet from the person controlling it.

H. No dangerous animal shall be allowed upon a public right-of-way or public property without being secured on a leash or tether by a person at least 18 years of age and physically capable of controlling the animal, or in an approved cage.

I. Any dangerous animal shall wear an approved muzzle when located upon any public way, or within or upon any motor vehicle when located on a public way. Every dangerous animal shall be confined in a suitable enclosure when outside the passenger compartment of any motor vehicle. [Ord. 895B § 2, 2012.]

6.04.190 Form of declaration.

A. Upon sufficient cause or evidence indicating that any animal constitutes a potentially dangerous or dangerous animal consistent with the definition in CMC 6.04.030, the director shall so declare such animal in writing, and shall notify the owner of record, if such owner is known. If such owner is not known, the director shall make such declaration a matter of record by posting such declaration consistent with CMC 6.04.200.

B. The form of declaration shall include:

1. Description of the animal;

2. Location where the incident causing the declaration occurred;

3. Location where the animal was impounded, if applicable;

4. Name and address of the owner of record, if known;

5. An abbreviated narrative of the facts relating to the incident causing the declaration;

6. Notice of the requirements in CMC 6.04.160 or 6.04.180 relating to such declaration;

7. Notice of a right to an administrative review pursuant to CMC 6.04.240;

8. Notice that the city will hold any unclaimed impounded animal for three working days from the date of notice, then humanely dispose of such animal. [Ord. 895B § 2, 2012.]

6.04.200 Service of declaration or notice/posting.

A. Any declaration of a potentially dangerous or dangerous animal shall be written, posted as prescribed in this section, and served upon the owner of record, if any, of such animal by both certified mail, return receipt requested, and regular mail. Notices other than declarations shall be sent via regular mail to the owner of record, if known, and posted.

B. A copy of any declaration of a potentially dangerous or dangerous animal shall also be mailed to the occupant of all properties within 300 feet of the property where such animal is kept.

C. Refusal of any person to accept certified mail, or inability of the U.S. Postal Service to deliver certified mail when attempted, shall constitute service of such declaration. For purposes of service of notice, the date of refusal shall constitute the date of notice, and the date identified by the U.S. Postal Service that such letter is unclaimed or undeliverable shall constitute the date of notice.

D. All declarations or notices issued by the city relating to animals shall be posted at a designated, publicly accessible place in the community development department office and the lobby of City Hall. [Ord. 895B § 2, 2012.]

6.04.210 Animal bites – Quarantine.

A. Any animal which bites a human sufficient to cause a puncture wound, laceration or abrasion of the skin, or otherwise contacts a human with its mouth sufficient to cause blood to appear on the surface of the skin, shall be quarantined for a period of 10 calendar days.

B. Quarantine shall be approved by the director, and shall occur in one of the following manners:

1. The animal shall be impounded by the city and held at the city shelter for the quarantine period. All expenses incurred by the animal shall be the responsibility of its owner; or

2. The animal may be transported to a licensed veterinary clinic or hospital by its owner, and quarantined at such facility for the required period. The city shall require a statement from a licensed veterinarian at the termination of the quarantine period that the animal does not appear to have rabies. All expenses incurred by the animal shall be the responsibility of its owner; or

3. The animal may be quarantined at its normal residence, with the approval of the director, if all the following apply:

a. Proof of current rabies vaccination is submitted to the city;

b. The animal can be maintained in a secure environment with no ability to have contact with a person on a public way, or any other animals, either within a structure or within an enclosure as required for potentially dangerous animals. Such an environment shall be inspected and determined by the animal control officer;

c. The bite incident does not involve any other violation of this chapter, including evidence that the animal was not at large.

C. At the termination of the required quarantine period, the city shall be assured that the animal does not have rabies. Such assurance shall consist of a statement from a licensed veterinarian, public health official, animal control officer, or other qualified person attesting to the fact that they have examined the animal and that it does not appear to have rabies.

D. At such time as the city receives the required assurance statement, the owner of the animal shall pay all accrued fees and charges. The city will then release the animal to its owner, except, if the animal has been declared dangerous or potentially dangerous, all applicable requirements of this chapter shall have been complied with prior to release of the animal.

E. If the owner of such animal has submitted a relinquishment of ownership form for the animal, the city shall cause the animal to be euthanized.

F. If any quarantined animal does exhibit any symptoms of rabies:

1. It shall be examined by a public health official, and a determination made by the official as to whether the animal should be tested for rabies;

2. If a public health official has determined that rabies testing of an animal is warranted, the city shall cause the animal to be conveyed to a licensed veterinarian for implementation of the required testing procedure. The cost of such testing will be the responsibility of the registered owner of such animal. [Ord. 895B § 2, 2012.]

6.04.220 Impound.

A. Any animal shall be impounded by the city for any of the following reasons or conditions:

1. When the animal has been apprehended by the city while at large on a public way;

2. When a citizen notifies the city that they have detained an at-large animal and requests the city to impound such animal;

3. When the owner of an animal requests the city to quarantine such animal as a result of a bite incident;

4. When the owner of an animal is incarcerated or institutionalized by a police officer and no caretaker for the animal is identified; and

5. When an animal is observed by the animal control officer and a police officer to be in imminent threat of death, serious illness, or injury from any cause.

B. Any animal may be impounded by the city for any of the following reasons or conditions:

1. When an animal is confined within a motor vehicle and the temperature of its environment exceeds 85 degrees Fahrenheit;

2. When an animal is in violation of the terms of its quarantine;

3. When an animal required to be secured is observed unsecured;

4. When an animal has exhibited any characteristic of a dangerous or potentially dangerous animal, and a secure enclosure is not readily available for confinement of such animal by the owner. [Ord. 895B § 2, 2012.]

6.04.230 Holding period and disposition.

A. Any animal impounded by the city shall be held a minimum of three working days in the city shelter. The date of such impound shall not be considered holding time, and the working day immediately following the date of impound shall be the first day of holding.

B. Any animal quarantined by the city in the city shelter shall be held for 10 calendar days. On and after the eleventh day following the quarantine period, the animal shall be considered to be impounded, and the required holding period shall be considered terminated.

C. Any animal voluntarily relinquished to the city by its owner shall be transported to the county shelter for adoption or euthanasia on or after the date following the relinquishment date.

D. Any animal which remains in the custody of the city on the date following any required holding period, and an approved disposition of the animal has not been determined with the owner of the animal, shall be considered an abandoned animal.

E. Any owner of any animal may terminate the required holding period by providing proof of ownership, if such proof is not currently in the records of the city, complying with all applicable requirements of this chapter, and payment of all applicable fees and charges. Arrangements shall be made by the animal control officer to convey the animal to its owner as soon as practicable.

F. At the termination of any required holding period, the city shall:

1. Transport the animal to the county shelter for adoption or euthanasia; or

2. Return the animal to its owner if all applicable fees and charges have been paid; or

3. Agree to hold the animal for a longer period of time if the city determines that the owner of the animal intends to comply with any terms or conditions of release, and the owner has paid all accrued fees and charges, and the applicable fees and charges which will accrue to the estimated date of release; or

4. Determine that the animal is abandoned if the required fees and charges have not been paid, and no other arrangements have been approved on appeal. Any abandoned animal shall be transported to the county shelter for adoption or euthanasia. [Ord. 895B § 2, 2012.]

6.04.240 Appeal.

A. Any person who owns, maintains, or keeps an animal which is declared by the city to be a potentially dangerous or dangerous animal may appeal such declaration to the city manager.

B. No appeal of any citation issued under this chapter shall be heard by the city manager or the director. Citations shall only be heard and determined by the municipal court.

C. Any appeal filed with the city manager (or director pursuant to CMC 6.04.050) shall contain the following elements:

1. Name of the person filing the appeal;

2. Residence address of the appellant;

3. Mailing address of the appellant if different than the residence address;

4. Common pet name of the animal involved;

5. Specific action(s) of the city which is/are being appealed;

6. Discussion relating to why the appellant feels the action(s) was/were improper or inappropriate;

7. Presentation of alternative actions that the appellant feels the city should take instead of the original action(s) taken;

8. Discussion of why the alternative presented will satisfy the city’s regulatory requirements for protection of the public and elimination of a nuisance animal; and

9. Any other information which the appellant desires to present at a hearing.

D. The appellant may submit any evidence or documents relevant to any issue raised in their appeal filing. The appellant shall be responsible for establishing the relevance and relationship with the specific issues being appealed.

E. Upon receipt of a proper appeal filed with the city, the city manager shall solicit all relevant documentation of the issue from the director. Upon receipt of such documentation, and any evidence submitted with the appeal, the city manager shall conduct a closed record review of the matter. The city manager may solicit any additional information and/or clarification on any issue from the appellant and/or the director. Nothing herein shall preclude a closed record appeal hearing at the discretion of the city manager.

F. The city manager may uphold, modify, or overturn the decision of the director in whole or in part. Such decision shall include findings based on the evidence submitted. Nothing herein shall preclude the city manager from determining alternate and/or equivalent methods of compliance with this chapter on appeal, or any decision which may be just and equitable under the specific circumstance.

G. Any decision made by the city manager on appeal shall be implemented and/or complied with, including any specified time frames for compliance.

H. Failure to comply with the city manager’s decision on appeal will result in a citation being issued for such failure. Final disposition of such citation shall be determined by the municipal court. [Ord. 895B § 2, 2012.]

6.04.250 Impounded animals – Safeguards.

A. Any animal in the custody of the city shall be subject to the following:

1. No animal shall be released from custody until all applicable provisions of this chapter have been complied with;

2. No abandoned animal shall be released to any person or agency for research purposes, except, if a finding is made documenting a rare or unique circumstance relating to a specific animal, the city may release such animal to a controlled research environment;

3. Animals will be monitored for sickness, disease, or injury. The city will determine an appropriate course of action for every animal in the custody of the city. Any animal observed to be seriously ill or severely injured may be euthanized if a licensed veterinarian determines that such action is in the best interest of the animal.

B. Notice shall be given by the city to the owner of record of any animal that is in the custody of the city. If the owner is unknown, the city shall post notices as provided in CMC 6.04.200.

C. The city shall not be liable for any injury or death of any impounded animal. [Ord. 895B § 2, 2012.]

6.04.260 Nuisance animals.

A. It shall be unlawful for any owner or responsible person to keep or harbor any animal which barks, whines, howls, crows, grunts, ruts or otherwise makes any unprovoked noise on the owner’s property where such noise may disturb the quiet of the neighborhood after 10:00 p.m. or before 6:00 a.m. and such animal shall be considered a nuisance animal and such noise may be abated as provided in CMC 7.04.130, Nuisances.

B. It shall be unlawful for any owner or responsible person to permit the continual barking, whining, howling, crowing, grunting, rutting, or other noises of any animal between the hours of 6:00 a.m. and 10:00 p.m. “Continuous noise” shall mean the unprovoked barking, whining, howling, crowing, grunting, rutting, or other noises for a continued period of five minutes or more on three or more occasions during any 30-minute period.

C. Any animal which, because of body odor, lack of cleanliness, fecal matter, urine or any other cause, exudes an odor emanating beyond the property on which such animal is owned, maintained or kept shall be considered a nuisance animal and such odor shall be abated as provided in CMC 7.04.130, Nuisances.

D. Any animal which trespasses upon the property of another and which interferes with the quiet enjoyment of a residential property, or which flies, buzzes, digs or otherwise harasses any person while off the owner’s or custodian’s property, shall be considered a nuisance animal and such trespass and/or harassment shall be abated as provided in CMC 7.04.130, Nuisances.

E. Any animal which is observed or otherwise documented as being at large, but which returns to the property where it is owned, maintained, or kept prior to being apprehended by the city, shall be considered a nuisance animal and such action shall be abated as provided in CMC 7.04.130. Any second or subsequent at-large activity by the same animal shall be cause for a citation to be issued to the owner of such animal without notice. [Ord. 895B § 2, 2012.]

6.04.270 Minimum space requirements – Domestic animal.

A. Dogs.

1. The area of the owner’s or custodian’s residential building when within such a building;

2. Two square feet of accessible floor area for each pound of weight when within a nonresidential building;

3. Five square feet of accessible surface area for each pound of weight when confined within a fenced outdoor area;

4. Five square feet of accessible surface area for each pound of weight when chained or tethered to a fixed point, provided nothing shall be permitted to obstruct the chain or tether so as to render the animal incapable of free access to the required area;

5. Five square feet of accessible surface area for each pound of weight when tethered to a movable cable, wire, pulley, or combination thereof.

B. Cats are not regulated for space requirements.

C. Potbellied pig: same as in subsection (A) of this section, Dogs.

D. Birds are not regulated for space requirements.

E. All other domestic animals: as prescribed by a veterinarian, or qualified study, report or published industry standard, and approved by the director as required for the particular type of animal and circumstance.

F. All domestic animals shall be provided with shelter from excessive temperature and precipitation sufficient to protect the size, type and number of animals. [Ord. 895B § 2, 2012.]

6.04.280 Minimum space requirements – Livestock.

A. Cow/bovine – 10,000 square feet open, fenced area for the first animal, plus 1,000 square feet per additional animal.

B. Horse – 10,000 square feet open, fenced area for the first animal, plus 1,000 square feet per additional animal.

C. Sheep, pig, llama, ostrich, and similar-sized animals – 5,000 square feet open, fenced area for the first animal, plus 500 square feet per additional animal.

D. Other fowl/poultry – Eight square feet per animal within a coop or other enclosed structure plus eight square feet open, fenced area for each animal outside the coop or structure.

E. Rabbit/hare – Eight square feet per animal within a coop or other enclosed structure plus eight square feet open, fenced area for each animal outside the coop or structure.

F. All other livestock – As prescribed by a licensed veterinarian or published industry standard, and approved by the director for the specific type and number of animals and the specific circumstance.

G. No livestock fence shall be located:

1. Within any street setback area established and/or required by CMC Title 17, Uniform Development Regulations;

2. Within 100 feet of any residential structure which is not the residence of the person owning, maintaining or keeping livestock;

3. Within any national wetland inventory mapped area or any Shoreline Management Act jurisdictional area (see CMC Title 17, Uniform Development Regulations);

4. Within, or accessory to, any occupancy where sick or infirm persons reside, except as may be expressly permitted by the operator of such facility, and consistent with the requirements of this chapter.

H. All livestock animals shall be provided with shelter from excessive temperature and precipitation sufficient to protect the size, type, and number of animals. [Ord. 895B § 2, 2012.]

6.04.290 Minimum space requirements – Exotic animals.

A. Snake/reptile, arachnid, other nonaquatic exotic animal not otherwise listed – Within a terrarium or other similar containment vessel at least as long as the animal and not less than one-quarter the length in height and width.

B. Primate/prosimian – Same as the Uniform Housing Code space requirements for housing a human.

C. Bear – Two square feet of accessible cage area for each pound of animal weight.

D. Nondomestic canine – Same as CMC 6.04.270(A), Dogs, provided a fenced outdoor area shall be consistent with the containment requirements for a potentially dangerous animal.

E. Nondomestic feline – Same as subsection (D) of this section, Nondomestic canine.

F. Wolf hybrid – Same as subsection (D) of this section, Nondomestic canine.

G. Crocodilia/alligator/caiman/gavial – Same as subsection (D) of this section, Nondomestic canine, provided a pond or other aquatic environment large enough to completely submerge the specific animal shall be provided within the caged area.

H. Listed fish – Same as subsection (A) of this section.

I. Repealed by Ord. 955B.

J. All exotic animals not otherwise listed – As determined by a licensed veterinarian, qualified study or published industry standards, and approved by the director, for the specific type and number of animals, and the specific circumstances.

K. Containment of all exotic animals shall be subject to approval of the director. [Ord. 955B § 1, 2016; Ord. 895B § 2, 2012.]

6.04.300 Animal control.

A. No person shall permit any animal to trespass upon the property of another, or cause any damage to private property while trespassing.

B. No person shall permit any animal to enter any public fountain, pool, pond, swimming pool, school, school grounds or other similar public property without the expressed written consent of the owner of such property.

C. No person shall permit any animal to enter any institution where sick or infirm persons reside without the expressed permission of the owner of such facility.

D. Every unsterilized female domestic animal shall be confined within an estrus enclosure during the time such animal is in estrus (in heat).

E. No person shall permit any animal to cause damage to any public property, building, fixture, or equipment, or spill or spread garbage from within a proper trash receptacle located on public property.

F. No person shall have control or custody of any animal upon any public property, park, grounds, sidewalk, street, or alley without having in their immediate possession an approved means to pick up and dispose of any animal waste (feces). Approved means may include bags, gloves, scoop, or similar device customarily used for eliminating fecal waste.

G. No person shall harbor or keep any animal which is subject to impound without an agreed disposition approved by the city.

H. No person shall harbor or keep any animal owned by another person without their expressed permission.

I. No person shall tether any animal in a manner so as to allow the animal to reach within 10 feet of any public sidewalk, alley or street, or within three feet of any adjacent property.

J. No person shall tether any animal in a manner so as to allow the animal to become entangled in its own tether such that the animal does not have the minimum space required, or such that the animal injures itself.

K. No person shall harbor or keep any vicious, dangerous, potentially dangerous, attack or guard animal outside of a secure enclosure.

L. No person shall interfere with or obstruct any code enforcement officer, animal control officer or police officer in the administration and enforcement of this chapter.

M. No person shall allow any fecal matter which is deposited on any public property, park, grounds, sidewalk, street or alley, or the private property of other persons or businesses, by any animal under their control or custody, to remain on such property. Such fecal matter shall be picked up prior to leaving the immediate vicinity of the waste, or within three minutes of the waste being deposited, whichever occurs first, and properly disposed of.

N. No person shall allow the accumulation of fecal matter which is deposited on their private property by any animal owned, kept, or maintained on their property to remain for more than 24 hours.

O. No person shall own, keep or maintain any rabies carrier within the city.

P. No person shall sell, offer for sale or offer to give away any animal upon any public property or any public right-of-way except through an official activity of the city or county shelter.

Q. No person shall have control or custody of any unconfined dog or canine upon any public property, park, grounds, sidewalk, street, or alley without displaying a valid animal license attached to the collar of said animal.

R. No person shall allow an unconfined dog or canine upon any public property, park grounds, sidewalk, street, or alley, or the private property of other persons or businesses, without being on a suitable leash and under the physical control of the custodian. No dog or canine shall be allowed to run at large.

S. No person shall keep or confine any unattended animal in a motorized vehicle or other enclosure or structure for a period in excess of two hours and/or under such conditions as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperatures, lack of food or water, and confinement with a vicious animal.

T. No person shall allow any domestic animal to cause an unprovoked injury to an animal or injury to a human being while such animal or human being is in or on a public place or lawfully in or on a private place including the property of the owner of such domestic animal. [Ord. 895B § 2, 2012.]

6.04.310 Cruelty.

A. No person shall harbor or keep any animal which is sick, diseased or injured without appropriate medical treatment for such condition.

B. No person shall allow two or more animals to attack, fight or injure each other when any such animals are under the control of, or on the premises or property of, such person.

C. No person shall possess or use, or allow the possession or use of, cock spurs, slashers, gaffs or other tools, devices or equipment designed, used or intended to inflict injury on any animal.

D. No person shall maintain, keep or harbor any animal without having an adequate supply of water continuously and readily accessible to such animal, and an adequate supply of food accessible at a frequency appropriate for such animal.

E. No person shall maintain, keep or harbor any animal without having adequate fresh air and/or ventilation sufficient to preclude excessive temperature.

F. No person shall confine any animal within an enclosure having less than the minimum space requirements; provided, any animal being transported from one premises to another may be confined within an appropriate cage, carrier, trailer, or other device approved for such purpose during such period of transport. Such transportation confinement shall not exceed two hours for any domestic animal without alternate means of control which allows the animal freedom to walk about for a minimum of 15 minutes between periods of such confinement.

G. No person shall injure, kill, mistreat or otherwise cause any harm to any animal except as expressly permitted by law (e.g., fishing with worms, rodent abatement, insect abatement, etc.).

H. No person shall intentionally or negligently place, allow or otherwise cause any chemical or other substance, whether liquid or solid, which is poisonous or otherwise detrimental to the well-being of any animal to become accessible to any animal except:

1. Commercially produced rat poison, slug poison, insecticides, fungicides and similar pest control agents when used exclusively for the purpose stated on the label of such product, and applied in strict conformance with the directions and safeguards identified on such label.

2. Any governmental agency acting in an official capacity to administer or enforce an adopted regulation, policy or emergency response to any emergency situation.

I. No person shall place within the city any trap or other device designed, used or intended to be used to kill, snare, capture, or render any animal unable to escape from such trap except:

1. Commercially produced rat, mouse, mole, gopher or other rodent trap when used exclusively for the purpose intended and set in strict conformance with the directions and safeguards identified for such trap, and placed in a manner which precludes domestic animals from becoming trapped;

2. Any governmental agency acting in an official capacity to administer or enforce an adopted regulation, policy or emergency response to any emergency situation;

3. Live traps issued by the animal control officer and used in strict conformance with the city’s policies and requirements associated with such traps (see CMC 6.04.320).

J. No person shall provoke any animal, provided any training exercise using positive attributes which does not involve any injury to such animal shall not be considered provocation.

K. No person shall abandon any animal by dropping off or leaving said animal on any street, road, or highway, or in any public place, in or on the private property of another person, firm, or corporation. [Ord. 895B § 2, 2012.]

6.04.320 Trapping of nuisance animals.

A. Trapping of nuisance animals shall only occur as provided in this section.

B. No trap of any type, kind or sort shall be used to trap domestic animals except a live trap issued by the animal control officer, and used consistent with the city’s procedures and policies issued with such a trap. No leg trap or other type of trap designed or used to injure or kill an animal shall be used for domestic animals under any circumstance.

C. Nuisance wildlife may be trapped with any type of trap appropriate for the specific animal and circumstance, provided:

1. The city’s animal control officer is notified when any such trap is set and when it is removed. Failure to notify the officer when a trap is set will be considered a violation of this chapter.

2. No trap shall be set within 500 feet of a residential property unless it is a live trap.

3. Signs or flags shall be posted or installed in the vicinity of any trap (within 25 feet of such trap) identifying the name of the person or company setting such trap and a telephone number to call regarding information about the trap. A minimum of four such signs or flags shall be installed approximately equally spaced around the perimeter of the trap assembly.

D. When determined necessary and appropriate by the animal control officer, the city may use tranquilizing drugs to immobilize any animal for its own protection or the protection of the public.

E. Any trapping of livestock or exotic animals shall be as appropriate for the specific animal and circumstance, and approved by the director. Conditions may be placed on any such trapping activity to protect domestic animals or the public, and shall become conditions of approval. [Ord. 895B § 2, 2012.]

6.04.330 Severability.

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter, nor the validity of its application. [Ord. 895B § 2, 2012.]

6.04.340 Violation.

A. Any action of any person, firm or corporation in violation of any provision of this chapter, or failure of any person, firm or corporation to perform any action or duty required pursuant to the provisions of this chapter, shall constitute a public nuisance and an infraction or a misdemeanor as defined at CMC 6.04.350(A) and (B), and may be abated by the city as provided in CMC 7.04.130(B) et seq., abatement of public nuisances. Nothing herein shall preclude the city from issuing a citation for such violation concurrent with any abatement action.

B. Nothing herein shall preclude the city from exercising its authority to protect the public peace and welfare by summarily abating any nuisance condition determined to be detrimental or an imminent threat to the public peace and welfare, or to protect the welfare of any animal, without notice to a person.

C. Any citation written for the violation of any provision of this chapter shall contain an identification number or component to reflect the level of penalty established in CMC 6.04.350, consistent with the capability of the municipal court system. [Ord. 895B § 2, 2012.]

6.04.350 Penalty.

A. Infractions. Penalty for violation of any provision of CMC 6.04.080, 6.04.100, 6.04.260, 6.04.300, and/or 6.04.320 shall be as follows:

1. Any person cited for violation of any section designated in subsection (A) of this section shall be fined a monetary penalty as set forth in the Chehalis fee schedule and Chehalis municipal court bail schedule.

B. Misdemeanors. Penalty for violation of any section of CMC 6.04.310 shall be as follows:

1. Any person convicted of a misdemeanor for the first violation of any provision of subsection (B) of this section, whether or not the same provision or a different provision, shall be fined a monetary penalty of up to $1,000 and imprisoned for up to 30 days at the discretion of the court.

2. Any person convicted of a misdemeanor for the second violation of any provision of subsection (B) of this section, whether or not the same provision or a different provision, shall be fined a monetary penalty of up to $1,500 and imprisoned for up to 60 days at the discretion of the court.

3. Any person convicted of a misdemeanor for the third or subsequent violation of any provision of subsection (B) of this section, whether or not the same provision or a different provision, shall be fined a monetary penalty of up to $1,900 and imprisoned for up to 90 days at the discretion of the court.

C. The provisions of this chapter relative to the abatement of nuisances are not exclusive and all other rights or remedies of the city or any citizen thereof relative to abatement of nuisances are declared to remain in full force and effect.

D. Nothing herein shall preclude the city from issuing a citation for such violation concurrent with any abatement action as authorized by this chapter.

E. In addition to such other penalties as may be imposed, a court entering a judgment of guilty to a charge of creating a public nuisance may order the abatement of the same on such terms and conditions as may be just and equitable. [Ord. 1029B § 2, 2022; Ord. 895B § 2, 2012.]