Chapter 6.12 ANIMAL CONTROL

The Board of County Commissioners hereby declares it necessary to establish regulations and procedures for animal control in the unincorporated areas of Cowlitz County, for the following purposes:

A. To recognize the rights and responsibilities of both owners and nonowners of animals, and to require owners to take responsibility for actions of their animals;

B. To secure and maintain such animal control as will protect the public health and safety, and to prevent injury to property;

C. To regulate animals so they will not constitute a public nuisance;

D. To prevent inhumane treatment of animals. [Ord. 84-305, § 2, 12-31-84.]

6.12.030 Definitions.

“Adult dog” means any dog having a set of permanent canine teeth, or six months of age or older.

“Animal Control Authority” means the Cowlitz County Sheriff or its designee acting to enforce animal control laws of Cowlitz County and the state of Washington.

“Animal Control Officer” means any individual deputized by the Cowlitz County Sheriff or its designee for the limited purpose of enforcing any title pertaining to animals and the laws of the state of Washington as they pertain to animal control and welfare. This term as used throughout this chapter or Chapter 6.13 CCC shall not be construed to limit the authority of any fully commissioned law enforcement officer.

“Animal shelter” means any facility which is used to house or contain stray, homeless, abandoned or unwanted animals, and which is owned, operated or maintained by a public body, any kennel operated by the animal control authority, an established humane society, animal welfare society, Society for the Prevention of Cruelty to Animals (SPCA), or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.

“At large” means an animal off or outside the premises belonging to its owner or keeper and not in the company of and under control of a competent person.

“Domestic animal” means an animal kept for amusement, companionship, or for household, farm and/or agricultural purposes.

“Health Officer” means the local Health Officer as defined in RCW 70.050.010, whose jurisdiction includes unincorporated Cowlitz County.

“Kennel” means (1) any premises used to conduct a business relating to the breeding, buying, selling or letting of dogs and/or cats for hire, boarding, or training; or (2) any premises at which 10 or more adult dogs and/or cats are kept for any purpose, including animal shelter, but excluding animal hospitals, where animals are kept for treatment by licensed veterinarians; provided the veterinarian does not solicit for boarding or animal shelter.

“Owner” or “keeper” means any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.

“Pack” means a group of three or more dogs running upon lands, either public or private, not that of their owner(s), when such dogs are not restrained or under the control of their owner(s).

“Quarantine” means the placing and restraining of any animal or its reproductive products by the owner or agent of the owner within a certain described and designated enclosure or area within this county, or restraining of any animal or its reproductive products from entering this state, as may be directed by the Health Officer. [Ord. 24-108, § 7, 12-10-24.]

6.12.040 Prohibited acts – Nuisance.

A. An animal owner or keeper is responsible for the acts and behaviors of his or her animal, and is strictly liable if he or she permits that animal to:

1. Habitually bark, howl, yelp, or make any other noise which disturbs the peace and comfort of persons in the rural or residential areas of Cowlitz County. In addition to the definitions set forth in CCC 10.25.030 through 10.25.045, and the ordinary meaning, an animal is habitually making noise which disturbs the peace and comfort of any person to an unreasonable degree when that animal makes constant and considerable noises extending for 30 minutes or more between the hours of 9:00 p.m. and 5:00 a.m., when that noise is audible within a residence belonging to a person other than the animal’s owner or keeper;

2. Snap, bite, menace, threaten persons, livestock, domestic animals, or chase or approach a person or vehicle upon the streets, sidewalks, or any public grounds or in any other location other than property owned by their owner or keeper;

3. Trespass on any public property, or on any private property occupied by a person other than their owner;

4. Damage or destroy any plant or animal or property or thing of value or owned by a person other than the animal owner;

5. Deposit excrement, debris, or other materials on any public road or other public place or on any private property occupied by a person other than property owned by the animal owner;

6. Is a dog at large in a pack of three or more dogs;

7. Is a female dog in heat while not confined in a building or a proper enclosure which prevents the female animal from contact with a male dog, or is a male dog which strays and gains access to a female dog who is properly confined while in heat and subsequently impregnates or attempts to impregnate the female;

8. Is a potentially dangerous or dangerous animal at large.

B. Any animal that violates any provision of subsection A of this section is a public nuisance.

C. Notwithstanding any provision of subsection A of this section, it is not unlawful if an animal:

1. Barks, howls, yelps, or makes any other noise in response to active tormenting, abuse, or assault;

2. Bites or causes bodily injury to a person assaulting the animal, the animal’s owner, any member of the animal owner’s family, or any person unlawfully on property occupied by the animal owner;

3. Bites or menaces a person trespassing upon property occupied by the animal owner;

4. Is a police dog within the meaning of RCW 4.24.410 and uses lawful force in the course of performing as a police dog. [Ord. 24-108, § 8, 12-10-24.]

6.12.050 Potentially dangerous dogs – Exceptions.

Repealed by Ord. 24-108. [Ord. 94-027, § 12, 2-7-94.]

6.12.055 Dangerous dog – Owner responsibilities.

Repealed by Ord. 24-108. [Ord. 94-027, § 13, 2-7-94.]

6.12.060 Mistreatment of animals.

The acts and omissions described below constitute mistreatment, and it is therefore a violation of this section for any person to:

A. Willfully injure, poison, torture or torment any domestic animal;

B. Cause or allow, either intentionally or negligently, any animal to endure pain, suffering or injury; or, to fail to attempt to alleviate pain, suffering or injury he or she so causes to any animal;

C. Neglect to provide adequate daily rations of food, water or shelter for any animal he or she owns;

D. Tether, confine or restrain any animal in such a way as to render the animal or to cause the animal to become entangled and suffer injury;

E. Abandon any animal by dropping off or leaving such animal on a street, roadway or highway, or in a public place, or on the private property of another person;

F. Confine an unattended animal within or on a motor vehicle at any location under conditions that may endanger the health and well-being of the animal. Such conditions include but are not limited to dangerous temperature, lack of food or water, and confinement with a vicious animal;

G. Knowingly place food of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domestic animals or livestock;

H. Transport any living animal on the outside part of a motor vehicle in a manner, posture or confinement that jeopardizes the animal’s safety;

I. Organize, sponsor, wager on, or provide animals for any fighting contest between animals;

J. Sell or offer for sale or to give away any living baby rabbits, chicks, ducklings or other fowl that have been dyed, colored or otherwise treated so as to have an artificial color. [Ord. 94-027, § 9, 2-7-94.]

6.12.070 Found dogs and cats.

Any dog or cat that trespasses upon private property may be apprehended and held by the owner of the property, so long as the owner of the animal is unknown. Any person who finds and harbors the cat or dog shall notify the animal control authority and furnish a description of the animal within 24 hours. The report shall include a description of the animal and such description shall be verified by the Animal Control Authority within seven days following notification. The finder may surrender the animal to any nonprofit animal shelter or retain its possession, subject to surrender upon demand of the Animal Control Authority. Records of any reported found animal shall be retained by the Animal Control Authority and available for public inspection for one year from the date of apprehension.

The finder may become owner of any dog or cat found and retained if the owner has not redeemed such dog or cat within 30 days following notification to the Animal Control Authority, provided the finder shall, at the end of such 30 days, be required to register any dog within a dog control zone. If the finder fails to comply with the notification requirements of this section, such finder shall forfeit all rights to retain the dog or cat, if such dog or cat is later claimed by the rightful owner. Prior to regaining possession of a found dog or cat, the owner of such dog or cat shall reimburse the finder at the request of the finder, for actual costs of advertising and such other costs incurred in the care of the dog or cat, provided, the finder furnishes proof of such costs. An owner who fails to redeem a dog or cat from the finder within 90 days shall have no standing to make further claims on the finder.

The county holds no responsibility for the enforcement of the reimbursement provisions contained in this section. [Ord. 24-108, § 9, 12-10-24.]

6.12.080 Dog control zones.

A. In accordance with Chapter 16.10 RCW, dog control zones may be established in areas of Cowlitz County pursuant to the requirements set forth in CCC 6.12.090. Upon receipt of proper application, the Board shall publish notice in a newspaper of general circulation in Cowlitz County once a week for four consecutive weeks prior to holding a public hearing. Notice shall also be posted at 1,000- to 1,500-foot intervals adjacent to roads located within the proposed dog control zone. The Board may increase the proposed dog control zone boundaries upon giving proper notice as set forth above. The Board may also decrease the proposed dog control zone boundaries with no additional notice required. The description of such control zones upon establishment by the Board, shall be appended to this chapter.

B. All other animal control provisions under this chapter shall apply to dog control zones. [Ord. 85-053, § 3, 3-25-85; Ord. 84-305, § 8, 12-31-84.]

6.12.090 Requirements for forming dog control zone.

Applications for forming dog control zones shall meet the following minimum requirements:

A. Minimum Area. The proposed dog control zone area shall contain no less than 15 households and/or property ownerships.

B. Petition. Submit a petition with names, addresses and telephone numbers, and signatures of 51 percent of the registered voters within the area proposed to be included within such dog control zone. Such petition shall contain:

1. Written legal description of the boundaries of the proposed dog control zone; and

2. Reason(s) for wanting a dog control zone established.

C. Areas proposed for dog control zones shall have clearly recognizable perimeters, such as but not limited to waterways, streets and roads, and/or adjoining city limits.

D. Any petition shall be accompanied by an assessor’s tax map depicting the parcels owned or occupied by the petitioners and the proposed boundaries of the dog control zone.

E. A completed petition shall be submitted to the Clerk of the Cowlitz County Board of Commissioners together with a $100.00 fee to offset, in part, the costs for publication, posting and/or for boundary identification signs, if the dog control zone is established. [Ord. 94-027, § 10, 2-7-94; Ord. 86-072, § 3, 4-28-86; Ord. 85-053, § 4, 3-25-85; Ord. 84-305, § 9, 12-31-84.]

6.12.100 Annual survey.

The Animal Control Authority may, after March 1st of each year, make inquiries from house to house, and in any other lawful manner, as to the number of dogs owned within a dog control zone, and whether any such dogs are unregistered. Owners of unregistered dogs may be cited for each animal and may be liable for any late registration fees. [Ord. 84-305, § 10, 12-31-84.]

6.12.110 Dog control zones – Dogs off premises to be on leash.

It is unlawful for the owner of any dog to permit or allow such dog to roam, run, stray or be away from the premises of such owner and to be in any public place or on any public property or private property of another person within the boundaries of the zones established pursuant to this chapter, unless such dog, while away from such premises, is controlled by a leash or chain, not more than eight feet in length; such control to be exercised by the owner or other competent and authorized person. Any dog found roaming, running, straying or being off such premises and not on a leash as required herein is a public nuisance and such dog may be seized and impounded pursuant to CCC 6.12.220; provided further:

A. This section shall not apply where the dogs are engaged in lawful hunting activity, lawful competition or exhibition, or lawful training in preparation for such hunting or competition.

B. Lawful training means to be engaged in training on the premises of the owner or the land of another person by permission or on public land that is set aside for training or is open for hunting or trapping; provided, the dog is accompanied afield by the owner or trainer. [Ord. 85-053, § 5, 3-25-85; Ord. 84-305, § 11, 12-31-84.]

6.12.120 Dog control zones – Jumping and barking at pedestrians.

It shall be unlawful for any owner to keep or harbor any dog that frequently or habitually snarls, growls or snaps at, or chases, jumps upon or threatens persons lawfully upon public sidewalks, streets, alleys, or public places within the boundaries of the zones established hereunder, and the same is hereby declared to be a nuisance. Any such dog may be seized and impounded subject to redemption in the manner provided in CCC 6.12.220. [Ord. 24-108 § 2, 12-10-24; Ord. 84-305, § 12, 12-31-84.]

6.12.130 Dog registration – Optional cat registration – Tags.

A. Registration in Dog Control Zones. All adult dogs harbored, kept, or maintained in a dog control zone shall be registered with the Animal Control Authority and shall wear current identification tags issued by the Animal Control Authority at all times; except as provided in CCC 6.12.140. The registration form shall include, but not be limited to the following:

1. Name, address and telephone number of the owner, and mailing address if different from the location of the residence;

2. Age, breed, color and markings, and name of the dog;

3. Identification tag information and/or registration number;

4. Certificate and date of rabies immunization pursuant to CCC 6.12.170; and

5. Date of registration.

B. An identification tag shall include but may not be limited to the following information:

1. Cowlitz County Washington;

2. Pet registration I.D.

C. All registration certificates and identification tags issued to owners within dog control zones shall expire at midnight, on December 31st of each year. Any dog owner within a dog control zone who fails to submit an application for renewing a registration certificate on or before February 28th each following year shall be in violation of this chapter, and the owner shall be required in addition to the regular registrations to pay a late registration fee and may be cited pursuant to CCC 6.12.210.

D. Registration Outside Dog Control Zones – Optional. Any owner may register an adult dog pursuant to this section and registration certificates and tags be issued for dogs kept outside dog control zones. Such registration shall be valid for three years, or until the expiration date of the rabies vaccination, whichever comes first.

E. Cat Registration – Optional. Any person may register a cat pursuant to this section and registration certificates and tags be issued for cats in the unincorporated areas of Cowlitz County. Such registration shall be effective for three years, or until the expiration of the rabies vaccination, whichever comes first. [Ord. 85-053, § 6, 3-25-85; Ord. 84-305, § 13, 12-31-84.]

6.12.132 Dangerous or potentially dangerous dog – Compliance with state and county law required – Declaration – Notification – Registration – Identification – Failure to comply – Violation.

Repealed by Ord. 24-108. [Ord. 94-027, § 11, 2-7-94.]

6.12.140 Dog registration – Exceptions.

A. No certificate and tag, as provided in CCC 6.12.130, shall be required for a dog less than six months of age when satisfactory proof of age can be and is, on request, submitted to the Animal Control Authority, and for any dog which is part of the inventory of a pet shop.

B. No owner, manager, or employee of a kennel or veterinary hospital shall be required to purchase a registration certificate for any dog treated or boarded in these establishments.

C. No certificate and identification tag issued by Cowlitz County shall be required for any adult dog licensed in another jurisdiction and displaying a current tag from that jurisdiction. Upon expiration of the other certificate or license, a Cowlitz County certificate and tag shall be required.

D. No certificate and identification tag shall be required for a dog owned by a person who is not a resident of Cowlitz County.

E. It shall be the responsibility of the person claiming an exception under the provision of this subsection to demonstrate the exception. [Ord. 86-072, § 4, 4-28-86; Ord. 84-305, § 14, 12-31-84.]

6.12.144 Kennels, pet shops, animal shelters – General standards.

Repealed by Ord. 24-108. [Ord. 94-027, § 15, 2-7-94.]

6.12.145 Indoor facilities – Specific conditions.

Repealed by Ord. 24-108. [Ord. 94-027, § 16, 2-7-94.]

6.12.146 Outdoor facilities – Specific conditions.

Repealed by Ord. 24-108. [Ord. 94-027, § 17, 2-7-94.]

6.12.147 Inspection authority.

Repealed by Ord. 24-108. [Ord. 94-027, § 18, 2-7-94.]

6.12.150 Registration for animal shelters, kennels and pet shops – Inspections – Approvals – Standards – Penalties.

Repealed by Ord. 24-108. [Ord. 13-059 § 2, 6-18-13.]

6.12.153 Kennels – Revocation, denial or refusal to renew.

Registration for any kennel except as provided in CCC 6.12.155 may be revoked, denied or not renewed for failure to comply with the provisions of this chapter, and such action shall be final unless within 20 days of receipt of written notification thereof an appeal is filed in the manner provided in CCC 6.12.270. [Ord. 86-072, § 6, 4-28-86.]

6.12.155 Preexisting kennels – Continue to operate.

Repealed by Ord. 24-108. [Ord. 86-072, § 7, 4-28-86.]

6.12.160 Dog, cat and other registration fees.

A. Fees and charges for registrations, administration and activities under this chapter shall be as from time to time established by resolution of the Board of Commissioners, and maintained on file with the Clerk of the Board. [Ord. 24-108 § 3, 12-10-24; Ord. 88-038, § 5, 4-4-88; Ord. 84-305, § 16, 12-31-84.]

6.12.170 Rabies and disease control.

A. The Health Officer or designee shall have the responsibility for administering the rules and regulations of the Washington State Department of Health and/or Washington State Board of Health including WAC 246-100-197 relating to rabies and disease control in Cowlitz County.

B. All dogs shall be immunized against rabies and proof of immunization provided prior to issuance of a registration certificate and identification tag; provided, if for medical reasons an animal is unable to receive a rabies vaccination, a signed statement of a veterinarian shall be accepted in lieu of a rabies certificate at the time of registration. [Ord. 24-108 § 4, 12-10-24; Ord. 94-027, § 19, 2-7-94; Ord. 84-305, § 17, 12-31-84.]

6.12.180 Rabies control – Quarantine and disposal.

A. Any dog, cat, and ferret which bites a person where human exposure to rabies is suspected may be ordered by the Health Officer to be quarantined for 10 days. During quarantine, the animal shall be securely confined and kept from contact with any other animal. The Health Officer may permit quarantine on the premises of the owner. If the Health Officer requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or veterinary hospital at the expense of the owner.

B. No enforcement officer or any other person shall knowingly, except in the reasonable effort to protect himself or others, kill, or cause to be killed, any animal suspected of being rabid; provided if a veterinarian diagnoses possible rabies in any animal in quarantine, the animal shall be euthanized and the head of the animal sent to the state laboratory for pathological examination and confirmation of the diagnosis.

C. Any vicious animal may continue to be impounded at the expense of the owner, after rabies quarantine ends, if the owner has not complied with abatement orders, and/or an appeal is pending. [Ord. 24-108 § 5, 12-10-24; Ord. 94-027, § 20, 2-7-94.]

6.12.190 Habitual violator.

A. If, within any 12-month period, an animal is the subject of three notices of infraction and/or criminal charges under this chapter and/or any statute of the state of Washington, the Animal Control Authority may serve a written abatement notice on the animal owner, irrespective of whether the person receiving the notice owned the animal at the time any of the notices of infraction or criminal charges were issued. No notice of infraction or criminal charge that is pending, or that was decided on the merits adversely to the prosecuting authority, shall be included. Service of the abatement notice may be accomplished by any means authorized for service of process under the laws of the state of Washington, and may also be accomplished by mailing the notice to the owner by certified mail, return receipt requested.

B. The abatement notice shall, at a minimum:

1. Identify the three notices of infraction and/or criminal charges;

2. Identify the provision of this chapter that authorizes the abatement notice;

3. Describe what the owner must do to comply with the abatement notice and the deadline for doing so; and

4. State that the abatement notice may be appealed within 15 days after service of the notice, by both filing a notice of appeal with the Cowlitz County District Court and serving a copy on the Animal Control Authority.

C. The animal owner shall comply with the abatement notice by: permanently removing the animal from Cowlitz County; permanently transferring ownership, custody and control of the animal to another person not related to or residing with the owner; or having the animal humanely euthanized. The owner must comply with the abatement notice by the deadline stated therein. The owner shall upon request provide the Animal Control Authority with a written statement signed under penalty of perjury, stating how the owner complied with the abatement notice. The owner shall provide such other information as the Animal Control Authority reasonably needs to substantiate the owner’s compliance.

D. It is unlawful for an animal owner to fail to comply with an abatement notice.

E. An abatement notice issued under this section shall be final unless within 15 days of the date the notice was served, the animal owner both files a written notice of appeal with the Cowlitz County District Court and serves a copy of the notice of appeal on the Animal Control Authority. An appeal under this section shall be a civil action. The Animal Control Authority shall have the burden of proof that the abatement notice was properly issued. [Ord. 24-108, § 10, 12-10-24.]

6.12.210 Enforcement.

The Animal Control Authority and their duly appointed or commissioned personnel are authorized to take such lawful action, including but not limited to the issuance of criminal citations and notices of civil violations, as may be required to enforce the provisions of this chapter, Chapter 6.13 CCC, etc., and the laws of the state of Washington as they pertain to animal cruelty, shelter, welfare, and control. All animal control officers must be deputies commissioned by the Cowlitz County Sheriff for the limited purpose of enforcing animal regulations. Nothing in this section prohibits fully appointed Cowlitz County Sheriff deputies from enforcing the provisions of this chapter or any other chapter.

Any Animal Control Officer or any other sheriff deputy of Cowlitz County charged with the seizing of animals running at large may pursue such animals onto county-owned property, vacant property, and unenclosed private property, and seize, remove, and impound the same. [Ord. 24-108, § 11, 12-10-24.]

6.12.220 Impoundment.

A. The Cowlitz County Animal Control Authority may apprehend any animal found in violation of any act defined as a nuisance under CCC 6.12.040 and/or being neglected or subjected to cruel treatment as defined under CCC 6.12.060. Immediately following apprehension of an animal, the animal control authority shall determine if the animal is licensed or otherwise identifiable, and, if reasonably possible, return the animal to the known owner, together with a notice of violation of this code or RCW.

B. Any unlicensed animal of which the Animal Control Authority is unable to identify the owner shall be held for 72 hours upon apprehension. Any animal not redeemed by its owner during this period may be humanely destroyed or placed for adoption to a new owner, following the expiration of the 72-hour period. Should an owner wish to redeem an animal seized under this section, he or she shall be first required to pay the associated redemption costs, including any necessary boarding, care and maintenance fees incurred by the Animal Control Authority for that 72-hour period, as posted on the Animal Control Authority’s website and the Cowlitz County Sheriff’s office.

C. Animals seized by law enforcement who removed the animal from the possession of a person in their custody shall be held, maintained in an animal shelter, and provided minimum care, at the owner’s expense. An impoundment receipt shall be given to the owner by law enforcement. The receipt shall recite redemption requirements and shall serve as the notice to the owner required under this chapter. Should an owner wish to redeem an animal, he or she shall be first required to pay the redemption costs outlined in this chapter and posted on the Animal Control Authority’s website and the Cowlitz County Sheriff’s office.

D. Any animal seized as a potentially dangerous animal or as a dangerous animal shall follow the process under CCC 6.13.130 and 6.13.140.

E. If an Animal Control Officer or a Sheriff Deputy has probable cause to believe that an owner of a domestic animal has violated this chapter or Chapter 16.52 RCW, the Animal Control Officer or the Sheriff Deputy, after obtaining a warrant, may enter the premises where the animal is located and seize the animal.

1. If a law enforcement officer or Animal Control Officer has probable cause to believe an animal is in imminent danger or is suffering serious physical injury or infirmity or needs immediate medical attention, the officer may enter onto private property without warrant to:

a. Render emergency aid to the animal; or

b. Seize the animal without warrant. Any animal seized without warrant shall immediately be brought to a veterinarian licensed in the state of Washington to provide medical attention and to assess the health of the animal.

2. An Animal Control Officer or Sheriff Deputy is not liable for any damages for entry onto private property without a warrant under this section; provided, that the officer does not use any more force than is reasonably necessary to enter upon the property and remove the animal.

F. An animal seized as a result of neglect or abuse may be placed into the custody of an animal care and control agency, into foster care that is not associated in any way with the owner, or with a nonprofit humane society, nonprofit animal sanctuary, or nonprofit rescue organization. In determining what is a suitable placement, the animal control authority shall consider the animal’s needs, including its size, medical needs, and behavioral characteristics. Any person or custodial agency receiving an animal seized under this section shall provide the animal with minimum care.

1. If a seized animal is placed into foster care or with a nonprofit animal sanctuary or rescue organization, the animal control authority shall retain constructive custody of the animal, shall have the duty to ensure the animal receives minimum care, and may draw from the bond under subsection H of this section and distribute the funds to the foster home, authorized humane society, sanctuary, or rescue organization that is authorized to care for the animal.

G. The owner of the seized animal shall be provided with notice of the right to petition for immediate return of the animal and shall be afforded an opportunity to petition for such a civil hearing before the animal is deemed abandoned or forfeited. Any owner whose animal is seized by an animal control officer under this section shall, within 72 hours following the seizure, be given notice of the circumstances of the removal and notice of the legal remedies available to the owner. The notice shall be given by posting at the place of the seizure, by delivery to the suspected or known owner, or by registered mail to the last known address associated with the suspected or known owner. The notice shall include:

1. The name, business address, and telephone number of the animal control authority responsible for seizing the animal;

2. A description of the animal;

3. The authority and purpose for the seizure, including time, place, and circumstances for the seizure;

4. A statement that the owner is responsible for the cost and care of an animal who was lawfully seized, and that the owner will be required to post a bond with the Clerk of Cowlitz County District Court to defray the cost of minimum care pursuant to subsection H of this section within 14 calendar days of the seizure or the animal will be deemed abandoned and forfeited; and

5. A statement that the owner has a right to petition the District Court for a civil hearing for immediate return of the animal and that, in order to receive a hearing, the owner or owner’s agent must request the civil hearing by signing and returning to the Court an enclosed petition within 14 calendar days after the date of seizure, and reference the petition must be substantially the same as set forth in RCW 16.52.085(13).

H. When an animal is seized pursuant to this section, the owner shall post a bond with the Cowlitz County District Court in an amount sufficient to provide minimum care for each seized animal for 30 days’ care, including the day the animal was seized, regardless of whether the animal is the subject of a criminal charge. The Animal Control Authority shall establish the minimum cost necessary for that bond and post the amount within the Cowlitz County District Court. Such bond shall be filed with the Clerk of Cowlitz County District Court within 14 calendar days after the day the animal was seized.

1. If an owner fails to post a bond by the close of business on the fourteenth calendar day after the day the animal was seized as required under this section, the animal is deemed abandoned and the owner’s interest in the animal is forfeited to the custodial agency by operation of law in accordance with the notice provided in subsection G of this section.

2. A petition required by subsection (G)(5) of this section may be filed in the district court of the county from which an animal was seized concerning any animal seized pursuant to this section. Copies of the petition must be served on the law enforcement agency or animal care and control agency responsible for seizing the animal and the prosecuting attorney.

3. An owner’s failure to file a written petition by the close of business on the fourteenth calendar day after the day the animal was seized shall constitute a waiver of the right to file a petition under this section and the animal is deemed abandoned and the owner’s interest in the animal is forfeited to the custodial agency by operation of law unless a bond has been posted pursuant to this subsection. The court may extend the 14-day period to file a written petition by an additional 14 calendar days if the petitioner did not have actual notice of the seizure and the court finds, on the record and in writing, that there are exceptional and compelling circumstances justifying the extension.

I. At the end of the time for which expenses are covered by the bond, if the owner seeks to prevent disposition of the animal by the custodial agency, the owner shall post a new 30-day bond with the court within 72 hours following the prior bond’s expiration. If an owner fails to post or renew a bond as required under this section, the animal is deemed abandoned and the owner’s interest in the animal is forfeited to the custodial agency by operation of law.

J. An animal held by the Animal Control Authority may be humanely destroyed at the discretion of the Animal Control Authority if the animal poses a health or safety risk to people or property or the animal is suffering from a condition likely to result in death. If the animal is to be humanely destroyed under this provision and the identity and contact information of the owner or keeper of the animal are known or reasonably ascertainable, there must be a reasonable attempt to notify the owner or keeper of the animal of the intent to destroy the animal, and the owner or keeper must be given the opportunity to claim the animal within eight business hours, unless providing such opportunity would constitute animal cruelty under any applicable law, in which case the applicable facts must be documented and the humane destruction may take place immediately and without notice. This provision does not apply to animals being held pursuant to any warrant under Chapter 6.13 CCC or as evidence in a criminal case.

K. When an animal is seized from a person who is prohibited from owning, caring for, possessing, or residing with animals because of a criminal conviction or court order, the seized animal is immediately and permanently forfeited by operation of law to the custodial agency and no court action is required.

L. If an animal is forfeited to a custodial agency under this section, the agency in possession of that animal may place the animal with a new owner; provided, that the agency may not place the animal with family members or friends of the former owner to own, care for, possess, or reside with the animal at any time in the future.

M. The custodial agency may authorize a veterinarian or veterinary technician to euthanize a seized animal for humane reasons at any time if the animal is severely injured, sick, diseased, or suffering.

N. Nothing in this chapter shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to any humane society or nonprofit animal rescue organization.

O. No animal being held by the Animal Control Authority as subject to any court action may be destroyed or held for adoption or sold except by court order, or as otherwise authorized by law. All such animals shall be held and maintained by the Animal Control Authority or an animal shelter and provided minimum care. [Ord. 24-108, § 12, 12-10-24.]

6.12.230 Impoundment register.

The impounding authority shall maintain a register of all animals impounded pursuant to this chapter, and such register shall show the identification tag number, if any, species and breed of the animal, a description of the animal by coloring and marking, the time and date of impoundment, the name of the Animal Control Officer impounding the animal, the area in which the animal was picked up, the method and time of notifying the owner, if known, of redemption procedures, and the disposition of the animal and the date and time thereof. [Ord. 84-305, § 23, 12-31-84.]

6.12.240 Redemption.

Repealed by Ord. 24-108. [Ord. 87-073, § 2, 5-4-87; Ord. 84-305, § 24, 12-31-84.]

6.12.250 Violation – Civil infraction.

A. Any violation of this chapter is a civil infraction and a public nuisance, unless otherwise stated, and is subject to enforcement action under this chapter. Neither an adjudication that a person has committed an infraction, nor payment of any penalty, shall relieve the violator from compliance with the provisions of this chapter.

B. A civil infraction proceeding is initiated by the issuance of a notice of infraction by any Animal Control Officer. The issuance of a notice of infraction represents a determination that an infraction has been committed. The determination will be final unless contested as hereafter provided.

C. A notice of infraction may be served either personally or by mail. Personal service may be made by any person authorized to serve process in civil cases. Service by mail may be made by any person authorized to issue a notice of infraction, or by the Cowlitz County District Court. Service by mail shall be made by mailing the notice by certified mail, return receipt requested. The notice of infraction shall be filed with the Cowlitz County District Court promptly after it is issued. [Ord. 94-027, § 25, 2-7-94.]

6.12.260 Notice of infraction – Contents.

The notice of infraction shall include the following:

A. A statement that the notice represents a determination that an infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;

B. A statement that an infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;

C. A statement of the specific infraction for which the notice was issued;

D. A statement of the monetary civil penalty established for the particular infraction;

E. A statement of the options provided in this chapter for responding to the notice of infraction and the procedures necessary to exercise these options;

F. A statement that at any hearing to contest the determination the prosecuting authority has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the person who issued the notice of infraction;

G. A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction, the person will be deemed to have committed the infraction and may not subpoena witnesses;

H. A statement that the person must respond to the notice as provided in this chapter within 15 days;

I. A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;

J. A statement that it is a misdemeanor punishable by a fine and/or imprisonment for a person to fail to sign a notice of infraction or to fail to respond to a notice of infraction as promised. [Ord. 94-027, § 26, 2-7-94.]

6.12.265 Notice of infraction – Procedures for response.

A. Any person who receives a notice of infraction shall respond to such notice as provided in this section within 15 days of the date of the notice.

B. If the person determined to have committed the infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the Cowlitz County District Court. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the Court records.

C. If a person determined to have committed the infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the Cowlitz County District Court. The Court shall notify the person in writing of the time, place and date of the hearing, and that date shall not be sooner than seven days from the date of notice, except by agreement.

D. If a person determined to have committed the infraction does not contest the determination, but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the Cowlitz County District Court. The Court shall notify the person in writing of the time, place and date of the hearing.

E. If any person issued a notice of infraction: (1) fails to respond to the notice of infraction within 15 days as required by this section; or (2) fails to appear at a hearing requested pursuant to subsection C or D of this section, the Court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction. [Ord. 94-027, § 27, 2-7-94.]

6.12.270 Notice of infraction – Hearing procedures and rules.

Infractions under Chapter 6.12 CCC shall be heard and determined by the Cowlitz County District Court. Procedures in the Cowlitz County District Court for infractions under this chapter shall conform generally to those followed for traffic infractions under Chapter 46.63 RCW.

A. Any person receiving a notice of infraction may be represented by counsel. Each party to an infraction case is responsible for costs incurred by that party. No costs or attorney fees may be awarded to either party in an infraction case.

B. An attorney representing the county may, but is not required to, appear at any infraction proceeding under this chapter.

C. A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury.

D. The Court may consider the notice of infraction and any other written report made under oath submitted by the person who issued the notice in lieu of that person’s appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer who issued the notice of infraction, and has the right to present evidence and examine witnesses present in court.

E. The burden of proof is upon the prosecuting authority to establish the commission of the infraction by a preponderance of the evidence.

F. After consideration of the evidence and argument the Court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the Court’s records. Where it has been established that the infraction was committed an appropriate order shall be entered in the Court’s records.

G. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. After the Court has heard the explanation of the circumstances surrounding the commission of the infraction, an appropriate order shall be entered in the Court’s records. There may be no appeal from the Court’s determination or order. [Ord. 94-027, § 28, 2-7-94.]

6.12.275 Failure to respond to or sign a notice of infraction – Misdemeanor.

Any person willfully violating a written and signed promise to appear in court or to respond to a notice of infraction pursuant to this chapter shall be guilty of a misdemeanor regardless of the disposition of the notice of infraction; provided, a written promise to appear in court or to respond to a notice of infraction may be complied with by an appearance by counsel. Failure to sign a notice of infraction is a misdemeanor. [Ord. 94-027, § 29, 2-7-94.]

6.12.280 Civil penalties – Schedules.

A. A person found to have committed an infraction of this chapter shall be assessed a monetary civil penalty as follows:

1. Violation of CCC 6.12.040:
a. First offense	$48.00
b. Second offense in 12-month period	$96.00
c. Third offense in 12-month period	$144.00
2. Violation of CCC 6.12.060:	$190.00
3. Violation of CCC 6.12.180	$190.00
4. Failure to respond to notice of infraction:	$100.00
5. Violation of any other provision of Chapter 6.12 CCC:	$48.00

B. Any monetary penalty imposed by the Court is payable immediately. If a person is unable to pay the penalty immediately, the Court may grant an extension to a specified date. Any willful failure to pay the penalty by the time required is a misdemeanor. [Ord. 24-108 § 6, 12-10-24; Ord. 94-027, § 33, 2-7-94.]

6.12.290 Collection of penalties.

Civil penalties under this chapter may be collected in the same manner as other penalties, fines or assessments imposed by the Cowlitz County District Court. [Ord. 94-027, § 30, 2-7-94.]

6.12.300 Prior offenses.

No offense cited, penalty incurred or prosecution commenced prior to the effective date of the ordinance codified in this section shall be affected or abated in any way by the enactment of this chapter or any amendment or repeal effected by it. Any offense committed prior to the effective date of said ordinance may be prosecuted thereafter, and/or have sentence imposed thereafter, according to the laws and ordinances in effect at the time of the offense, notwithstanding the enactment of this chapter or any amendment or repeal effected by it. [Ord. 94-027, § 37, 2-7-94.]

6.12.310 Service by mail.

Whenever any document is served by certified mail under this chapter, service shall be deemed complete on the second day after the document is mailed. [Ord. 94-027, § 24, 2-7-94.]

6.12.315 Records – Property of Cowlitz County.

Records for citations and impoundments shall be maintained for a period of three years. Such records shall be the property of Cowlitz County, and shall be available upon request of the Board. [Ord. 87-073, § 6, 5-4-87; Ord. 84-305, 12-31-84.]

6.12.320 Areas where chapter applicable.

The provision of this chapter shall apply to all unincorporated Cowlitz County, except those areas located within the Mount St. Helens National Volcanic Monument and within the Gifford Pinchot National Forest. [Ord. 94-027, § 39, 2-7-94; Ord. 89-072, § 2, 5-8-89; Ord. 88-038, § 11, 4-4-88; Ord. 85-053, § 8, 3-25-85.]

6.12.330 Severability.

If any section, subsection or other portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection or portion thereof shall be deemed a separate provision of this chapter and such holding shall not affect the validity of the remaining portions of this chapter. [Ord. 94-027, § 38, 2-7-94.]

6.12.340 Effective date.

This ordinance shall be effective March 31, 1985. [Ord. 84-305, § 33, 12-31-84.]