Chapter 6.04
DOGS
Sections:
6.04.020 License – Requirement – Proof of vaccination.
6.04.045 Prevention of cruelty to animals – Destruction of diseased animals.
6.04.046 Abandonment of animals prohibited.
6.04.050 Tag – Replacement fee.
6.04.060 Tag – Fee payment requirement.
6.04.070 Tag – Stealing prohibited.
6.04.080 Restraint requirement.
6.04.090 Impoundment – Notice – Sale.
6.04.100 Impoundment – Reclamation fees.
6.04.110 Impoundment – Alternative.
6.04.120 Impoundment – Posted announcement.
6.04.130 Quarantine – Disaster.
6.04.140 Quarantine – Bite, scratch, or breaks skin – Check for rabies.
6.04.160 Barking and disturbing the peace by dogs prohibited.
6.04.165 Barking and disturbing the peace by dogs – Violation – Penalty.
6.04.170 Authority to secure and maintain pound.
6.04.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings set out below:
“Abandon” means to leave, deposit or forsake an animal at any place without express permission of the owner or caretaker of the property where the animal is left.
“Bitches” means all female dogs over the age of four months.
“Department” means the city police department.
“Dog” means all male dogs over the age of four months.
“Hybrid” means an offspring of a wild animal crossbred to a domestic dog, and a hybrid bred to another hybrid or a domestic dog.
“Leash” means a cord, rope or chain of not more than eight feet in length.
“License” means the dog license issued by the city.
“Neutered male” means a male dog that, because of a medical operation, is no longer capable of producing young.
“Offense.” Each day shall constitute a separate offense.
“Owner” or “keeper” means any person, firm, association or corporation owning, keeping or harboring a dog.
“Pound” means a place within or without the city, provided and operated by the city employees or by an independent agency under the authority of the city acting alone or in concert with other municipalities for the restraint and care of animals.
“Premises” means within the property boundary of the owner or keeper.
“Spayed female” means a female dog that, because of a medical operation, is no longer capable of bearing young.
“Under control” or “restraint” means the animal is confined within the property limits of its owner or keeper by a suitable fence or securely restrained within the premises by a leash affixed to a securely fixed object. (Ord. 1372 NS § 1, 2007; Ord. 1110 NS, 1995; prior code § 4.04.010).
6.04.020 License – Requirement – Proof of vaccination.
A. The keeping of dogs or bitches within the city limits is forbidden, unless the owner or keeper thereof procures a license for each dog or bitch, as provided in this chapter.
B. The owner or keeper of a dog or bitch shall show proof of current rabies vaccination before a license can be issued. (Ord. 910 NS § 1, 1984; prior code § 4.04.020).
6.04.030 License – Fee.
A. If the owner or keeper of a dog or bitch is a resident of the city on January 2nd of a year, the following license fees shall accrue, and shall be payable on or before January 31st of the year:
1. Neutered male dog, $10.00;
2. Spayed female dog, $10.00;
3. Natural dog, $20.00;
4. Natural female dog, $20.00;
5. Neutered male hybrid, $10.00;
6. Spayed female hybrid, $10.00;
7. Natural hybrid, $20.00;
8. Natural female hybrid, $20.00;
9. Additionally, all hybrids must be registered as potentially dangerous dogs;
10. Seeing eye dog, and other service dogs properly trained and so certified, and actually used for the purpose of aiding and going from place to place, no charge;
11. If such license taxes are not paid on or before the thirty-first of January of each and every year, an additional charge or tax will be made and charged of $2.00 per month, or fraction thereof, for each animal.
B. If the owner or keeper of a dog or bitch becomes a resident of the city of Colville after January 2nd of a year, the license fees provided for by subsection A of this section shall accrue 14 days after the owner or keeper becomes resident, and shall be payable in the amount provided by subsection A of this section on or before the end of the month in which the fee accrues. (Ord. 1373 NS § 1, 2007; Ord. 1250 NS § 1, 2002; Ord. 1124 NS §§ 1, 2, 1996; Ord. 971 NS § 1, 1986; Ord. 864 NS § 2, 1981; prior code § 4.04.030).
6.04.040 Tag – Issuance.
A. On payment of the license fee to the city treasurer, it shall be the duty of the city treasurer to issue a receipt to the person paying the license fee, which receipt shall constitute a license valid up to and including January 1st of the next succeeding year.
B. The city treasurer shall furnish, with the license, a metal tag upon which will be stamped a number corresponding with the number of the license, and the owner or keeper shall affix the tag to a collar which the owner or keeper shall provide which shall be placed and kept upon the neck of the dog or bitch so licensed. (Prior code § 4.04.040).
6.04.045 Prevention of cruelty to animals – Destruction of diseased animals.
A. Any person who shall impound or confine, or cause to be impounded or confined, any domestic animal shall supply the same during such confinement with a sufficient quantity of good and wholesome food and water, and in default thereof shall be guilty of a misdemeanor. In case any domestic animal shall be impounded or confined as aforesaid and shall continue to be without necessary food and water for more than 24 consecutive hours, it shall be lawful for a representative of the city accompanied by a law enforcement officer from time to time as it shall be deemed necessary to enter into and open any pound or place of confinement in which any domestic animal shall be confined, and supply it with necessary food and water so long as it shall be confined. Such person shall not be liable to action for such entry, and the reasonable cost of such food and water may be collected by him of the owner of such animal, and the animal shall be subject to attachment therefor and shall not be exempt from levy and sale upon execution issued upon a judgment therefor. If an investigation officer finds it extremely difficult to supply such animals with food and water, the officer may remove the animals to protective custody for that purpose.
B. On the condition that an animal is picked up under this situation, the animal control officer may dispose of, sell, or give away such animal after seven days. The owner may claim the animal during this time. The owner shall pay the shelter fee prevailing at the time, an impoundment fee, and purchase of a current license.
C. Any animal determined by the animal control officer to be suffering from serious injury or disease may be humanely destroyed at the discretion of the animal control officer, or a police officer if the owner is unknown or cannot be located.
D. Any person, firm or corporation who violates the provisions of this section shall be guilty of a misdemeanor. (Ord. 972 NS §§ 1 – 4, 1986).
6.04.046 Abandonment of animals prohibited.
A. It shall be illegal for any person to abandon any animal within the city limits.
B. Provided, however, it shall be a defense if a person was acting pursuant to RCW 16.54.020. (Ord. 1111 NS, 1995).
6.04.050 Tag – Replacement fee.
Any owner or keeper of a licensed animal whose current license tag has been lost may obtain a replacement tag, prior to impounding of such animal, by payment of a fee of $3.00 to the city treasurer. (Ord. 1484 NS § 1, 2012; prior code § 4.04.050).
6.04.060 Tag – Fee payment requirement.
It is unlawful for any person, the owner or keeper of any dog or bitch to permit such dog or bitch to wear the collar and tag contemplated by this chapter without the fee provided for in CMC 6.04.030 being paid, and such license being procured, or to keep or allow such dog or bitch about the premises without paying such license fee. (Prior code § 4.04.070).
6.04.070 Tag – Stealing prohibited.
It is unlawful for any person to steal a tag or collar, as provided for in this chapter, from any dog or bitch, or for any person, other than the owner or keeper to remove the tag or collar, as provided for in this chapter, for any dog or bitch. (Prior code § 4.04.080).
6.04.080 Restraint requirement.
All dogs shall be kept on a leash and under control and restraint while off the premises of either their owner, their keeper, or the agent of either their owner or keeper. Further, the person who is in control and restraint of the dog shall keep the leash in hand and shall also be capable of controlling the dog and shall also be no less than eight years of age.
The owner or keeper shall be proceeded against for violation of this section as follows:
|
Citation Fees |
|
|
First |
$100.00 |
|
Second and each additional violation |
$150.00 |
|
Each offense for a “potentially dangerous dog” |
$250.00 |
(Ord. 1636 NS § 1, 2019; Ord. 1534 NS § 1, 2015; prior code § 4.04.090).
6.04.090 Impoundment – Notice – Sale.
A. Dogs running at large shall be taken by police, or the dogcatcher, and impounded in an animal shelter and there confined in a humane manner. Impounded dogs shall be kept for not less than three days unless reclaimed by their owners.
B. If by a license or other means the owner can be identified, the department shall notify the owner of the dog.
C. Dogs not claimed by their owners within three days shall be humanely disposed of at the discretion of the chief of police or dogcatcher. Animals may, at the discretion of the chief of police, be sold after the initial three days. (Prior code § 4.04.100).
6.04.100 Impoundment – Reclamation fees.
An owner reclaiming an impounded animal shall pay an impoundment fee of $20.00, plus $10.00 for each day that the dog has been impounded. An owner reclaiming an impounded “potentially dangerous dog,” as determined under Chapter 6.10 CMC, shall pay $250.00 for each offense, plus $10.00 for each day that the dog has been impounded. If the dog is unlicensed, the owner will first be required to pay the licensing fees. In addition, the owner shall also be proceeded against for violation of this chapter as follows:
|
Citation Fees |
|
|---|---|
|
First |
$100.00 |
|
Second and each additional violation |
$150.00 |
|
Failure to license current animal |
$40.00 |
|
Each offense for a “potentially dangerous dog” |
$250.00 |
(Ord. 1635 NS § 1, 2019; Ord. 1533 NS § 2, 2014).
6.04.110 Impoundment – Alternative.
Notwithstanding the provisions of CMC 6.04.090, if an animal is found at large and its owner can be identified and located, such animal need not be impounded but may, instead, be taken or followed to the owner. In such case, the police department, or the dogcatcher, shall notify the proper authority of the violation of this chapter and shall proceed against the owner for violation of this chapter. (Prior code § 4.04.120).
6.04.120 Impoundment – Posted announcement.
Following impoundment of each dog in the city pound, an announcement shall be posted, by the police department, for three days, at the city pound and at the City Hall. Each announcement will contain the following information: the breed, color, sex and other identifying characteristics of the animal, together with the date and location of apprehension thereof. (Prior code § 4.04.150).
6.04.130 Quarantine – Disaster.
The mayor shall have, and is expressly granted, the right in case of a national or natural disaster or upon the request of the health officer to declare a quarantine upon all dogs, and to provide rules and regulations with reference to the quarantine. (Prior code § 4.04.130).
6.04.140 Quarantine – Bite, scratch, or breaks skin – Check for rabies.
A. Any dog which bites, scratches, or otherwise breaks the skin, of any person, shall be quarantined for a period of 10 days. During quarantine the dog shall be securely confined and kept from contact with any other animal. The chief of police shall require the confinement and the owner shall surrender the animal for the quarantine period, at the owner’s expense, in a veterinary hospital, the Colville animal facility, or the owner’s residence. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely destroyed and the head of the animal sent to a laboratory for pathological examination and confirmation of the diagnosis at the owner’s expense.
B. Any dog without any form of identification and without an apparent owner which bites, scratches, or breaks the skin, of any person, may be euthanized at the discretion of the chief of police or other officer, and the head of said animal shall be sent to a laboratory for pathological examination. If any owner comes forward, the owner shall bear the expense of euthanasia and for the pathological examination.
C. Pursuant to Washington State Department of Health regulations, any hybrid which bites, scratches, or breaks the skin of any person shall be euthanized and the head of said animal sent to a laboratory for pathological examination at the owner’s expense. (Ord. 1617 NS § 1, 2018; Ord. 1372 NS § 2, 2007; prior code § 4.04.160).
6.04.150 Complaint notice.
Upon written complaint filed by one citizen of the city against any one owner of any particular dog, the police department shall notify the owner that he is in violation of this chapter and shall be proceeded against. (Prior code § 4.04.140).
6.04.160 Barking and disturbing the peace by dogs prohibited.
No person owning or keeping any dog shall permit such dog to disturb the peace and quiet of the neighborhood by barking or making other loud noises, as defined herein:
Barking or loud noises is defined as continuous howling, yipping, barking, braying, whining, crying or any other noises for a continuous 10 minutes or more within any one-hour period which noises can be heard at a distance of 30 feet or more from the property line of dog owner where the sound originates. (Ord. 1526 NS § 1, 2014; prior code § 4.04.180).
6.04.165 Barking and disturbing the peace by dogs – Violation – Penalty.
The first three violations of CMC 6.04.160, Barking and disturbing the peace by dogs prohibited, shall be infractions subject to CMC 6.04.190, Violation – Penalty, by fine of $100.00 for each infraction. After three infractions, the dog owner or dog keeper of any such barking dog shall thereafter, in addition to being in violation of CMC 6.04.160, Barking and disturbing the peace by dogs prohibited, also be in violation of Chapter 9.40 CMC, Public Nuisances, which shall be a misdemeanor violation. (Ord. 1526 NS § 2, 2014).
6.04.170 Authority to secure and maintain pound.
The chief of police is authorized to secure and maintain a suitable pound for the purposes of carrying out the provisions of this chapter. (Prior code § 4.04.060).
6.04.180 Enforcement.
The police department or the animal control officer, as appointed by the mayor, shall be responsible for the administration and enforcement of this chapter. (Ord. 1086 NS § 1, 1994; prior code § 4.04.170).
6.04.190 Violation – Penalty.
Any person who is convicted of violating or failing to comply with any of the provisions of this chapter shall be punished by a fine of not more than $100.00. (Prior code § 4.04.190).