Chapter 6.04 ANIMAL LICENSING AND CONTROL

The purpose of this chapter is to protect the health, safety and welfare of the citizens of the city of Clarkston and to provide for responsible and humane ownership of animals by establishing and enforcing regulations for the keeping and control of animals within the city. [Ord. 1037, 1987.]

6.04.010 Definitions.

Words used in this chapter shall have normal and customary meaning, unless the context indicates otherwise. The following words and terms shall mean:

(1) “Abandon” means to voluntarily release possession of an animal with the intent, or apparent intent, of never again claiming an ownership or possessory interest in the animal.

(2) “Allow” means to permit by neglecting to restrain or prevent.

(3) “Animal” means any nonhuman vertebrate.

(4) “Animal control officer” means any person designated by the city appointing authority to carry out the provisions of this chapter under the laws of the state of Washington and the city of Clarkston.

(5) “Animal shelter” means any premises designated by the city authority for the purpose of impounding and caring for animals held under authority under this chapter.

(6) “At large” means to be off the premises of the owner and not under the control of the owner or another.

(7) “Chief of police” means the chief of police of the city of Clarkston and any other person acting under his orders or direction.

(8) “Circus” means a nonresident variety show which features animal acts.

(9) “Dog” means any member, male or female, of the genus Canis familiaris.

(10) “Domestic animal” means any tame animal kept or raised as a pet.

(11) Harboring. The occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for three consecutive days or more is presumed to be harboring or keeping the animal within the meaning of this chapter.

(12) “Keeper” means the owner of an animal or a person or entity having the immediate care, custody or control of an animal and any person apparently acting on behalf of a keeper with the express or implied permission of the keeper.

(13) “Kennel” includes any place other than a veterinary hospital where four or more dogs are kept, or where one or more bitches are kept for breeding and the offspring thereof are sold for profit or given away, or where such animals are received for care and boarding.

(14) “Leash” includes a cord, thong, leash or chain not more than eight feet in length by which an animal is controlled by the person accompanying it, which is of sufficient strength to control an animal without breaking.

(15) “Neutered animal” includes both male and female dogs rendered incapable of reproducing any offspring. Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian.

(16) “Owner,” “custodian” or “keeper” means any person, firm, association, corporation or partnership owning, keeping or harboring an animal, or their agents or persons acting with their permission.

(17) “Premises” means all the real property under one’s ownership inside the inner line of a sidewalk, or, if there is no sidewalk, inside the curb, ditch or shoulder marking the edge of the used public right-of-way. “Premises” also means the inside of a closed motor vehicle.

(18) “Spayed female” includes a female dog which has been sterilized by a licensed veterinarian to avoid or prevent conception. Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian.

(19) “Theatrical exhibit” means any exhibition or act featuring performing animals.

(20) “Under control” means that the owner, by means of a leash, restrains an animal to the owner’s immediate proximity, preventing the animal from trespassing upon the property of others or annoying or chasing other persons, animals or vehicles of any sort.

(21) “Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis, treatment and care of diseased or injured animals.

(22) “Vicious animal” includes an animal whose temperament or habits create danger of injury to persons or other animals or create a reasonable apprehension of injury to persons or other animals.

(23) “Wild animal” or “exotic pet” means any nondomestic animal which is normally found in a wild state or is imported from the wild state of another country, including, without limitation: poisonous snakes or snakes capable of inflicting physical harm to a human; monkeys, bats, coyotes, kinkajous, deer, beavers, skunks, raccoons, alligators, crocodiles, falcons, eagles, hawks; but not including hamsters, gerbils, guinea pigs, parakeets, canaries, white mice, or white and parti-colored rats.

(24) “Zoological garden” means any park or zoo operated by person or private corporation. [Ord. 1037, 1987.]

6.04.015 Violations deemed civil infractions and misdemeanors – Penalty – Forfeitures.

Except as otherwise specifically set forth in this chapter, any person or entity that violates the provisions of this chapter shall be deemed to have committed a civil infraction and for each violation shall be fined, in addition to any other remedy and/or penalty specifically set forth in this chapter, an amount of at least $150.00 and not more than $1,000. In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by this chapter may forfeit to the municipal court a penalty in the sum of $150.00. For a second infraction of the same provision occurring within a 12-month period, the amount of the penalty that may be forfeited shall increase to $200.00. For a third and subsequent infraction of the same provision within a 12-month period, the amount of the penalty that may be forfeited shall increase to $250.00. The penalty for a misdemeanor shall be up to $1,000 and/or 90 days in jail. [Ord. 1410 § 1, 2006; Ord. 1163 § 1, 1993; Ord. 1075 § 1, 1989; Ord. 1037, 1987.]

6.04.016 Stray dogs and other animals – Warning and violation notices of infraction.

(1) In place of impoundment under the provisions of CMC 6.04.136, an animal control officer or a city police officer may issue a warning notice of infraction, or a violation notice of infraction to an animal’s keeper for the first offense of letting an animal, except a domestic cat, run at large in the city.

(2) An animal control officer or city police officer may issue a warning notice of infraction, or a violation notice of infraction to an animal’s keeper for the first offense of any civil infraction set forth as in CMC 6.04.015.

(3) For all subsequent offenses of the same civil infraction, an animal control officer or city police officer shall issue a violation notice of infraction. [Ord. 1037, 1987.]

6.04.017 Service by mail – When completed.

When under the provisions of this chapter service of a notice of impoundment, warning notice of infraction, violation notice of infraction or any other notices are permitted to be made by certified mail, return receipt requested, such service shall be deemed completed when the certified mail is receipted for. [Ord. 1037, 1987.]

6.04.018 General duty.

None of the provisions of this chapter are intended to create a nuisance of action or provide the basis for a claim against the city, its officials or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created in this chapter is intended to be a general duty or obligation running in favor of the general public. [Ord. 1037, 1987.]

6.04.020 Dogs – Licenses required.

Except as provided in CMC 6.04.050, no person or entity residing in the city shall keep a dog over four months of age within the city without having a valid dog license. Tags will be designed so they may be conveniently fastened to a dog collar or harness. The police department shall maintain a record of all dog license tags. This section shall not apply to dogs brought into the city for less than 30 days. In any prosecution for violation of this section, the absence of a tag to be appended to a dog, as provided in this chapter, shall be prima facie evidence that the dog has not been licensed. [Ord. 1037, 1987.]

6.04.030 License – Issuance – Rabies inoculations required.

No license shall be issued to any dog until the applicant therefor shall cause to be presented to the issuing officer a veterinarian certificate as proof of prior inoculation for rabies indicating a remaining immunity of at least one year, and containing the date and duration of such inoculations and the age, breed, sex, color, and any other identifying characteristics of the dog for which the license is sought. [Ord. 1037, 1987.]

6.04.040 License – Fee.

The license fee on dogs for each year, or part thereof, shall be as follows:

(1) Neutered or spayed dog: lifetime, $25.00;

(2) Neutered or spayed dog: annual, $8.00;

(3) Unneutered dog: annual, $25.00;

(4) Registered service dog: annual, no charge, registration only;

(5) Replacement tag: $2.00;

(6) Kennel: annual, $50.00.

Annual licenses will be available for renewal during the month of December each year and will be valid from January 1st of the next year through December 31st of the year for which they are issued. All annual licenses shall expire on the thirty-first day of December of the year for which they are issued. License fees shall not be prorated and there shall be no refunds of a dog license fee or part thereof. [Ord. 1373 § 1, 2004; Ord. 1037, 1987.]

6.04.041 Dog lifetime licenses – Proof of sterility.

A dog license for a sterile dog may be issued for the lifetime of the dog. Before issuing a lifetime dog license, proof of sterility must be presented by the applicant and verified by the city clerk. [Ord. 1037, 1987.]

6.04.050 License – Fee – Exemptions.

No license fee shall be required of any municipal animal shelter, veterinary hospital or humane society. [Ord. 1037, 1987.]

6.04.060 License – Issuance – Tag.

On payment to the city clerk of the amount of any such license fee, it shall be the duty of the clerk to issue a license to the person applying therefor, which license shall remain and be in force from its date through the thirty-first day of December next ensuing. The city clerk shall furnish with such license a metal tag upon which shall be stamped a number corresponding with the number of such license and the year for which it is issued and the word “Clarkston,” and such tag shall be appended to a collar to be constantly worn by the dog. In case a dog tag is lost or destroyed, a duplicate will be issued by the clerk upon receipt showing the payment of the license fee for the current year and the payment of $1.00 for such duplicate. [Ord. 1037, 1987.]

6.04.061 Animals – Fees upon reclaiming impounded dogs.

The claimant, upon reclaiming an animal, shall pay an impoundment fee and boarding fee as established by the contractor for animal control services. If a dog for which no current license has been issued is impounded, the claimant shall also pay the regular applicable license fee and a late license fee as established by resolution of the city council. [Ord. 1449 § 1, 2008; Ord. 1037, 1987.]

6.04.062 Animals – Pickup fee.

Repealed by Ord. 1449. [Ord. 1037, 1987.]

6.04.070 License tag – Generally.

It is unlawful for any person to remove, steal, mutilate or destroy the license identification tag of any dog. It is unlawful for anyone to refuse to show or exhibit at any reasonable time to any license inspector, animal control officer, or police officer any dog in his possession or custody and/or any license or identification tag issued therefor. [Ord. 1037, 1987.]

6.04.080 License tag – Transfer of ownership.

It is unlawful for any owner to use any license tag for any dog other than the one for which it has been issued. If there is a change of ownership of a licensed dog, the new owner must apply for and obtain a new license from the city clerk. [Ord. 1037, 1987.]

6.04.090 License – Revocation.

(1) The city clerk may revoke any license if the person holding the license refuses or fails to comply with this chapter or any law governing the protection and keeping of dogs.

(2) Any person whose license is revoked shall, within 10 days thereafter, humanely dispose of all dogs owned, kept, or harbored by such person and no part of the license fee shall be refunded.

(3) It shall be a condition of the issuance of any license that the animal control officer shall be permitted to inspect all dogs and the premises where dogs are kept at any time and shall, if permission for such inspection is refused, revoke the license of the refusing owner. [Ord. 1037, 1987.]

6.04.100 License – Denial – Reapplication.

(1) If the applicant has withheld or falsified any information on the application, the city clerk shall refuse to issue a license.

(2) Any person having been denied a license may not reapply for a period of 30 days. Each reapplication shall be accompanied by a $10.00 fee. [Ord. 1037, 1987.]

6.04.110 Running at large.

The keeper of any animal shall not cause, permit or allow such animal, except a domestic cat, to be loose, roam, run at large or to be away from the premises of the keeper unless the animal is under control, or is on the premises of another with the express or implied consent of the owner or the person in possession thereof.

Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come in contact with another animal except for planned breeding. [Ord. 1075 § 2, 1989; Ord. 1037, 1987.]

6.04.115 Dog control – Specifically, leash required – Exception.

(1) Leash Required. The keeper of any dog owned, harbored, controlled or kept by the keeper in this city shall not cause, permit or allow any such dog to be away from the premises where the same is owned, harbored, controlled or kept and be loose, roam, or run at large in the city unless such dogs shall at all times while away be controlled by the keeper or a responsible person by means of a leash as defined in CMC 6.04.010(14). It shall be prima facie evidence of a violation of this subsection when a dog is found by a police officer or an animal control officer while it is away from its keeper’s premises and not under the control of the keeper or a responsible person.

(2) Exceptions. A leash required pursuant to the provisions of subsection (1) of this section shall not be required:

(a) For a dog which is securely confined while in or upon any vehicle;

(b) For a dog while being exercised in any area designated by the city as a leash optional area;

(c) For a dog while undergoing training at an organized dog obedience class where at least 72 hours’ advance notice has been given to the city police department and the department of public works if the class is to be held on city-owned property, in which case permission from the city supervisor shall be required before holding such an obedience class;

(d) For a dog while being exhibited during an organized animal show, an American Kennel Club or similar organization sanctioned exhibition where at least 72 hours’ advance notice has been given to the city police department and the department of public works if the show or exhibition is to be held on city-owned property, in which case permission from the city supervisor shall be required before holding such a show or exhibition;

(e) For a trained seeing-eye dog while being used by a blind person;

(f) For a dog trained to aid law enforcement officers while being used for law enforcement purposes, or during demonstrations of the dog’s capabilities to aid law enforcement officers. [Ord. 1037, 1987.]

6.04.120 Animal disturbance noises.

Subject to the qualifications set forth in this section, the keeper of any animal shall not keep or maintain within the city any animal which by frequent, repetitive, or continuous noise making annoys or disturbs the peace and repose of persons of reasonable sensitivities residing within the city. An officer may take action for a violation of this section upon his own observation or upon the written complaints of not less than two identifiable persons residing in two different residences. [Ord. 1278 § 1, 1997; Ord. 1037, 1987.]

6.04.130 Dog biting.

It is unlawful for any person to keep or maintain any dog that, without provocation, bites or attempts to bite, charges, snaps or growls at any person within the corporate limits of the city of Clarkston. A violation of this section shall be deemed a misdemeanor, except that it shall not be a violation for a dog to charge or growl at a person when the dog is kept in an enclosure making an attack impossible or where the dog is upon the property of the owner and the person growled at is uninvited. [Ord. 1410 § 1, 2006; Ord. 1164 § 1, 1993; Ord. 1037, 1987.]

6.04.131 Harboring biting dog prohibited.

It is unlawful for any person to keep or maintain within the city any dog of which he or she is the keeper which has been found, pursuant to the provisions of CMC 6.04.132 through 6.04.134, to have bitten or attempted to bite any person or persons or domestic animals. A violation of this provision shall be deemed a misdemeanor. [Ord. 1410 § 1, 2006; Ord. 1075 § 3, 1989; Ord. 1037, 1987.]

6.04.132 Harboring biting dog – Complaint – Investigation.

Upon receipt by an animal control officer or a police officer of a signed complaint made by any person, or the parent or guardian of such person, or owner of any animal attacked by a dog, which complaint alleges that at some time during the prior 12-month period the dog bit as defined by CMC 6.04.130, the animal control officer or the police officer shall investigate the complaint and report the results of the investigation to the city attorney. When the city attorney finds probable cause exists to believe and prove by preponderance of credible evidence that the dog in question has bitten and/or attempted to bite without provocation or justification during the applicable period, the city attorney may commence a civil action in the Asotin County district court requesting the hearing provided for in CMC 6.04.133. [Ord. 1162 § 1, 1993; Ord. 1075 § 3, 1989; Ord. 1037, 1987.]

6.04.133 Harboring biting dog – Hearing.

Upon the filing of an action by the city attorney in the Asotin County district court to determine if a dog has, without provocation, bitten, as defined by CMC 6.04.130, a person and/or a domestic animal, the court shall conduct a hearing and hear from witnesses. If it is shown by a preponderance of the evidence to the satisfaction of the court that the injured person or animal provoked the dog into attacking, such facts shall be in absolute defense to that particular bite. The court may also consider whether the attack occurred on the property under the control of the keeper of the dog, as well as the legal status of the victim on that property, in determining whether the bite shall constitute a violation of CMC 6.04.131. [Ord. 1162 § 2, 1993; Ord. 1075 § 4, 1989; Ord. 1037, 1987.]

6.04.134 Harboring biting dog – Disposition.

Upon a finding by the court based upon a preponderance of the evidence that the dog in question has attempted to bite, as defined by CMC 6.04.130, a person and/or a domestic animal without provocation or justification, the court may order such action as the court, in its discretion, believes is appropriate up to and including euthanasia, in order to ensure that the dog does not bite persons and/or domestic animals in the city again. The court shall make a determination as to whether or not the dog is a “dangerous” animal for the purposes of CMC 6.04.140. [Ord. 1162 § 3, 1993; Ord. 1075 § 5, 1989; Ord. 1037, 1987.]

6.04.135 Animal sanitation in public places.

The keeper of an animal, except a domestic cat, shall:

(1) Remove for disposal any fecal matter deposited by his or his animal in the city on any public sidewalk, street, alley or any city park, playground or cemetery, any other public place, or on the premises of a person other than a keeper when such animal is on that premises without the express or implied permission of the owner or person in possession of such premises, before the keeper leaves the immediate area where the fecal matter was deposited;

(2) Have in his or her possession the equipment necessary for removal of the fecal matter when accompanied by such animal on the property described in subsection (1) of this section. [Ord. 1037, 1987.]

6.04.136 Stray dogs and other animals – Nuisance – Impoundment.

Any stray dog or other animal which is not under control, or is running loose, roaming or running at large in the city on any street, alley, sidewalk, or in any city park, playground, cemetery, or in any other public place, or on the public or private premises of a person other than the keeper without the express or implied permission of the owner or person in possession of such public or private premises, is declared to be a nuisance. Any such stray dog or other animal may be seized while on such public or private property by the animal control officer or any city police officer and impounded. [Ord. 1037, 1987.]

6.04.137 Other acts prohibited.

(1) No person shall wilfully open any door or gate on any private premises or unleash or coax away any dog or animal for the purpose of enticing or enabling any dog or other animal to leave such private premises and be at large as defined in this chapter.

(2) No person shall wilfully provoke, mistreat or abuse any dog or other animal while confined to its keeper’s premises.

(3) No person shall set up a “leg-hold type” or “noose type” trapping device to catch a dog or other animal.

(4) No person shall abandon any dog or other animal, including a domestic cat, by dropping off or leaving such animal on any public street, alley or sidewalk, or in any city park, playground or other public place or building, or on the premises of another.

(5) No owner shall fail to provide his or her animal with adequate food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering because of illness, injury or advanced age, and with humane care and treatment. No person shall beat, cruelly ill-treat, torment, mutilate, overload, overwork or otherwise abuse any animal. No person shall cause or permit any dogfight, cockfight or bullfight, or other combat between animals or between animals and human beings, or train or permit to be trained for such combat. [Ord. 1037, 1987.]

6.04.140 Dangerous animals – Defined – Regulated.

For the purpose of this section, a dangerous animal is any animal, including but not limited to a dog, that:

(1) Has a propensity, tendency or disposition known to the keeper to attack unprovoked, to cause injury to, or to otherwise endanger the safety of human beings or domestic animals; or

(2) When unprovoked and while on any public sidewalk, street, alley or other public place in the city, bites a human being or domestic animal on any public sidewalk, street, alley or other public place in the city; or

(3) When unprovoked and while on any public sidewalk, street, alley or other public place in the city, in a vicious and terrorizing manner attacks by growling, snapping, charging at, or otherwise approaches in a vicious and terrorizing manner a human being or domestic animal on any public sidewalk, street, alley or other public place in the city; or

(4) Is owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting, or any animal bred to fighting, or any animal which is of a breed with predominant fighting characteristics; or

(5) Has bitten or attempted to bite pedestrians or other persons or domestic animals as prohibited by CMC 6.04.130. [Ord. 1075 § 6, 1989; Ord. 1039 § 1, 1988; Ord. 1037, 1987.]

6.04.141 Dangerous animals – Certificate of registration – Keeping thereof.

(1) It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued under this section. This section shall not apply to dogs that are used by law enforcement officials for police work.

(2) The city clerk of the city shall issue a certificate of registration to the owner of such dangerous dogs as the owner presents to the city clerk sufficient evidence of:

(a) A proper enclosure to confine a dangerous dog. A proper enclosure shall be defined by Chapter 94 of the Laws of 1987, Section 1(4). Further, the owner has posted the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol and inform children of the presence of a dangerous dog;

(b) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the city clerk in the sum of at least $50,000, payable to any person injured by the vicious dog; or

(c) A policy of liability such as homeowner’s insurance issued by an insurer qualified under RCW Title 48 in the amount of at least $50,000 insuring the owner for any personal injuries inflicted by the dangerous dog.

(3) In addition to the annual license fees established under this chapter, there shall be a dangerous dog license fee of $500.00 to register dangerous dogs on an annual basis. Annual renewal shall be under the same terms and conditions as governed by its previous issuance.

(4) Reporting Requirements. All owners, keepers or harborers of licensed dangerous dogs shall, within 10 days of the following occurrence, report the following information in writing to the city clerk or animal control officer as required hereinafter:

(a) The removal from the city or death of a licensed dangerous dog;

(b) The new address of the owner of a licensed dangerous dog should the owner move within the city limits.

(5) Leash and Muzzle. No person shall permit a licensed dangerous dog to go outside its kennel, pen or dwelling unless such dog is securely leashed with a leash no longer than eight feet in length. No person shall permit a licensed dangerous dog to be kept on a chain, rope or other type of leash outside its kennel, pen or dwelling unless a person is in physical control of the leash. Such dogs shall not be leashed to inanimate objects such as trees, posts or buildings. In addition, all licensed dangerous dogs on a leash outside the animal’s kennel, pen or dwelling shall be muzzled by a device sufficient to prevent such dog from biting persons or other animals.

(6) Confinement Indoors. No licensed dangerous dog shall be kept on a porch, patio or in any part of a house or structure which would allow such dog to exit such building on its own volition. In addition, no such animal shall be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

(7) Special Collars. All licensed dangerous dogs shall be identified by means of a blaze orange collar at least two inches wide.

(8) Failure to Comply. It shall be unlawful for the owner, keeper or harborer of a dangerous dog licensed with the city to fail to comply with the requirements and conditions set forth in this chapter. Each day of violation shall be a separate offense.

Any dangerous dog shall be immediately confiscated by the animal control officer or police officer if the dog is not validly registered under subsections (1) and (2) of this section, if the owner does not secure and maintain the liability insurance coverage or bond required under subsection (2) of this section, or the dog is not maintained in the proper enclosure; or the dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. [Ord. 1075 § 7, 1989; Ord. 1037, 1987.]

6.04.160 Keeping of animals.

No person who owns, harbors, controls or keeps any dog in the city shall cause, permit or allow any such dog or dogs, or any pen, yard, enclosure or building in which such animals are kept, to be maintained in such a manner as to be nauseous, foul or offensive. Violation of this section is declared to be a public nuisance and adverse to the public health, safety and general welfare. [Ord. 1037, 1987.]

6.04.170 Kennel license – Required.

No person shall operate or maintain a kennel within the city limits without first obtaining a license, as provided for in this section. No license shall be issued unless the location of the proposed kennel is in accordance with the zoning rules and regulations as codified by the city as they currently exist or may hereafter be amended, and the zoning map of the city as it exists or may hereafter be amended. Violation of this section is declared to be a public nuisance. [Ord. 1037, 1987.]

6.04.180 Impoundment or citation.

Any dog or dogs found without a license or running at large, or in violation in any manner with the provisions of this chapter shall, at the discretion of the animal control officer or police officer, be:

(1) Impounded and placed in the city animal shelter, or, if deemed necessary, in a private animal shelter, and the officer upon taking this action shall make a complete registry, entering the breed, color and sex of such dog and any available license information. If the dog is licensed, an entry shall be made showing the name and address of the owner and the number of the license tag; or

(2) If the owner is known or may be determined, the animal control officer or police officer may issue to the owner or persons responsible a notice of infraction and notice to appear before the Asotin County district court. Such notice of infraction shall not be issued for any offense or violation, unless the offense or violation is committed in the presence of the animal control officer or police officer. [Ord. 1037, 1987.]

6.04.190 Rabies control – Vaccinations required.

No keeper of a dog or domestic cat shall keep or permit to be kept any dog or domestic cat within the city which does not have a current rabies vaccination. All dogs and domestic cats shall be vaccinated for rabies as soon as their age permits, which shall not be more than six months after birth. [Ord. 1037, 1987.]

6.04.191 Rabies control – Quarantine of animals.

(1) Biting Animals. Any dog or other animal that bites a person or animal shall be quarantined for 10 days. If an animal control officer or police officer determines that the risk of the biting animal being infected with rabies is possible, but not probable, the quarantine may be on the premises of the keeper. An animal quarantined on the premises of the keeper shall be securely confined in an enclosure which is at least fenced on all sides and from which the animal cannot escape, and which is not accessible to the public.

(2) If an animal control officer or police officer determines the animal cannot be securely confined on the keeper’s premises or if the keeper fails to keep the animal securely confined on the keeper’s premises as required by this section, or if an animal control officer or police officer determines that it is probable that the biting animal is infected with rabies, the animal control officer or police officer may require the keeper to surrender the animal for the quarantine period to the animal shelter or a veterinarian hospital. The keeper shall pay all costs incurred during the period of quarantine. [Ord. 1075 § 8, 1989; Ord. 1037, 1987.]

6.04.192 Rabies control – Killing of animals suspected of rabies prohibited.

No person shall kill or cause to be killed any animal which has bitten a person or another animal, or any animal suspected of being rabid, except as needed to prevent immediate injury or death to another animal or to a person, until after the animal has been placed in quarantine and a diagnosis of suspected rabies is made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely destroyed and an appropriate test performed if needed or desired by an animal control officer. [Ord. 1037, 1987.]

6.04.193 Impoundment of animals – Notification – Reclaiming – Disposition.

(1) Place of Impoundment. Any dog or other animal impounded as authorized by the provisions of CMC 6.04.180 shall be confined to and kept in the municipal animal shelter, or other suitable animal shelter, not less than 120 hours, unless reclaimed by its keeper or an authorized representative thereof.

(2) Notice of Impoundment or Confiscation. Upon impoundment of any dog or other animal or confiscation of a dangerous dog, the impounding authority shall give notice of the impound or confiscation as follows:

(a) As soon as possible after impoundment notify the keeper, if known, of the impoundment by telephone, or if notification is not possible by telephone then in writing. The notification shall contain a description of the dog, cat or other animal, any license number, the reason for impoundment and the terms upon which such dog, cat or other animal may be reclaimed. Written notice shall be served personally upon the keeper, or if the keeper cannot be found, then upon any person of suitable age and discretion residing at the keeper’s residence. If personal or substituted service cannot be accomplished then notice shall be served by certified mail, return receipt requested.

(b) If the keeper of an impounded dog, cat or other animal is unknown, then written notice of the impoundment containing the information required under subsection (2)(a) of this section shall be posted as soon as possible after impoundment in a conspicuous place at the municipal animal shelter and at the City Hall of Clarkston, Washington.

(3) Reclaiming. A keeper of a dog, cat or other animal may reclaim such dog, cat or other animal by paying all:

(a) Impound fees;

(b) Board fees; and

(c) Applicable license fees as established by resolution of the city council pursuant to the provisions of CMC 6.04.040 and 6.04.061.

(4) Disposition. Any dog or other animal which is not claimed by its keeper or an authorized representative thereof within 120 hours of notice of the impoundment having been given to its keeper shall become the property of the city and may be placed for adoption in a new home subject to the payment of the applicable fee as established by resolution of the city council pursuant to the provisions of CMC 6.04.040 and 6.04.061; humanely euthanized; or delivered to a recognized publicly supported teaching and research institution.

(5) Redemption of Dangerous Dogs. Any dangerous dog which is confiscated pursuant to this chapter will be humanely destroyed within 48 hours after its notice of confiscation is served or posted pursuant to CMC 6.04.140 and 6.04.141, unless its owner or his agent requests a hearing as provided in this subsection and the dog is ordered released by the court. Dogs subject to quarantine shall not be destroyed until the period of quarantine has run. In the event of a hearing at which the city prevails, the dog shall be humanely destroyed. The person requesting the hearing shall be liable to the city for the sum of $15.00 confiscation fee and the set board and room fee for each day such dog is confined by the city. Requests for such hearing shall be filed with the Asotin County district court by the dog owner or his agent with a copy served upon the chief of police or his designee and shall be made on a form which shall read substantially as follows:


IN THE DISTRICT COURT FOR ASOTIN COUNTY

IN RE THE CONFISCATION OF A DOG NAMED		))))) )))	No.

Dog’s name and description			REQUEST FOR DANGEROUS CONFISCATION HEARING

owner’s name


I __________________, as owner or the owner’s agent of a _______________________________
dog’s name and description
request a hearing to contest its confiscation. The dog is currently being held at the City impoundment facility. I understand that if I fail to appear at the time set by the Court for hearing, the dog shall be humanely destroyed by the City.

DATED this _____ day of ________________, 20___.

	Signature of owner or Agent
	Address
	Telephone Number

[Ord. 1075 § 9, 1989; Ord. 1037, 1987.]

6.04.194 Impoundment of animals for disposition.

Any animal which, upon the request of the keeper thereof and upon payment of the pickup fee provided for under the provisions of CMC 6.04.062, has been collected by the city or voluntarily or involuntarily turned over to the city for disposition shall be taken into custody by an animal control officer and impounded at the animal shelter. Such animal shall become the property of the city and may be placed for adoption in a new home subject to the applicable fees as established by resolution of the city council pursuant to the provisions of CMC 6.04.040 and 6.04.061; humanely euthanized; or delivered to a recognized publicly supported teaching and research institution. [Ord. 1037, 1987.]

6.04.195 Care of impounded animals.

Injured or diseased animals impounded and needing medical care may be delivered to a veterinarian for treatment and the cost of treating and maintaining an animal in a veterinary hospital shall be paid by the keeper of such animal. [Ord. 1037, 1987.]

6.04.197 Appeal of impound and boarding fees.

The chief of police may hear and decide appeals for waivers from the payment of impound and boarding fees following such procedures as the chief of police shall establish. [Ord. 1037, 1987.]

6.04.198 Removal of impounded animal without payment of fees.

No person, unless authorized by the chief of police to do so, shall remove, allow or cause to be removed from the animal shelter any animal without the payment of the impound fee, boarding fee and other fees established pursuant to the provisions of CMC 6.04.061. [Ord. 1037, 1987.]

6.04.199 Release of unclaimed animals.

In the event any dog is released to any person other than the owner or lawful custodian pursuant to and in accordance with CMC 6.04.193, such person to whom such a dog is so released shall be deemed a purchaser of such dog from the city. Such purchaser shall receive from the city clerk a certificate of purchase, and such certificate shall be sufficient evidence of the vesting of complete title to such animal in the purchaser and termination of interest and rights of the former owner in and to such animal. [Ord. 1037, 1987.]

6.04.200 Impoundment – Interference with officer.

It is unlawful for any person to interfere with, hinder, delay or impede the animal control or police officer in the enforcement of the provisions of this chapter. It is unlawful for any person to falsely represent to the animal control officer, or his authorized agent, nonownership of any impounded dogs. It is unlawful for any person to falsify any information such as address or information concerning the animal. [Ord. 1037, 1987.]

6.04.210 Disposition of dangerous animal.

Whenever it appears to an authorized person attempting to impound a dog under the provisions of this chapter that such a dog is dangerous to the public, if capture cannot be effected safely and promptly the person is authorized to destroy the dog. [Ord. 1037, 1987.]