Chapter 8.04
DOGS
Sections:
8.04.020 License required – Fees.
8.04.030 Limitation of number of dogs.
8.04.050 To be at large declared a public nuisance.
8.04.060 Confinement of females in heat (estrus).
8.04.070 Creating a public nuisance by barking prohibited.
8.04.080 Dog attacks and dogs exhibiting vicious propensities.
8.04.100 Acceptable evidence of violation.
8.04.110 Fees, fines, and penalties.
8.04.010 Definitions.
As used in this chapter:
(1) “Animal control authority” means any person, association, or corporation, appointed or authorized (including contractual authorization) by the mayor of the city to carry out the duties of the animal control officer and enforcement under this chapter.
(2) “Animal control officer” means any individual employed, contracted with, or appointed by the mayor or the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law relating to the licensure, control, or seizure and impoundment of animals, including:
(A) Any state or local law enforcement officer; or
(B) Any other official whose duties in whole or in part include the seizure and impoundment of any animal.
(3) “At large” means off the premises of the owner and not in the owner’s control by leash or confined safely within a vehicle.
(4) “Dangerous dog” means any dog that, according to the records of the appropriate authority:
(A) Has inflicted bodily injury on a human being without provocation on public or private property; or
(B) Has killed a domestic animal without provocation while off the owner’s property; or
(C) Has been previously found to be potentially dangerous, the owner having received notice of such finding, and the dog again bites, attacks or endangers humans or domestic animals.
(5) “Dog” means both male and female of the species.
(6) “Domestic animals” means animals that are usually tamed and bred for the use of humans.
(7) “Leash” means a cord, chain, or rope.
(8) “Owner” means any person or persons, firm, association or corporation owning, keeping, having an interest in, having control or custody of or harboring a dog.
(9) “Potentially dangerous dog” means any dog when unprovoked:
(A) Inflicts bites on a human or domestic animal either on public or private property; or
(B) Chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; or
(C) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals.
(10) “Proper enclosure of a potentially dangerous dog” means:
(A) That while on the owner’s property a potentially dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the animal from escaping;
(B) Posting of a sign with a warning symbol that informs people of the presence of a potentially dangerous dog, and a sign with a warning symbol that informs children of the presence of a dangerous dog.
(11) “Provocation” means taunting, striking, or screaming at a dog or unlawful entry onto the premises where the dog is kept.
(12) “Vicious propensity” means a propensity to do any act that might lead a reasonable person to believe that the safety of any person, animal, or property of another may be in danger including, but not limited to, disposition to mischief or fierceness as might occasionally lead to attack on human beings or other animals without provocation.
(13) “Wild animal” means an animal living in its natural state and native to the United States and not normally domesticated, raised or bred by humans. (Ord. 1192 § 1, 2023; Ord. 1013 § 1, 2008; Ord. 985 § 1, 2007; Ord. 797 § 1, 1997).
8.04.020 License required – Fees.
(a) All dogs owned, kept, harbored or maintained within the corporate limits of the city shall be licensed by the time the animal is six months of age and shall be vaccinated against rabies and have proof of vaccination certificate.
(b) A dog license and tag shall be issued by the city clerk-treasurer’s office upon meeting qualifications and payment of a license fee as set forth in DMC 8.04.110.
(c) The owner shall state, at the time of making application for such license, the owner’s name, address, a current rabies vaccination certificate, and a description of the dog to be licensed in such a manner that the dog may be identified with reasonable certainty and the name to which the dog answers.
(d) Each license issued under the provisions of this chapter shall be valid until and including the thirty-first day of December of the year for which it was issued, and shall be renewed annually upon payment of the fees provided herein. Renewal of existing licenses shall be made no later than the last day of February each year.
(e) The license fee for renewals made after the last day of February will have a penalty as set forth in DMC 8.04.110 in addition to the normal license fee.
(f) All dogs new to the city must be licensed within 30 days from the time of arrival at the fee set forth in DMC 8.04.110. If such dog is not licensed within 30 days, the fee shall be as set forth in DMC 8.04.110 as a late renewal fee.
(g) Any dog meeting the definition of a dangerous dog will not be licensed. (Ord. 1192 § 1, 2023; Ord. 985 § 1, 2007; Ord. 797 § 2, 1997).
8.04.030 Limitation of number of dogs.
No person or household may keep within the city more than three dogs, except pursuant to compliance with DMC Title 17, Zoning, for kennels. (Ord. 1192 § 1, 2023; Ord. 985 § 1, 2007; Ord. 797 § 3, 1997).
8.04.040 Tag and collar.
(a) Each owner shall provide each dog with a collar to which the tag issued by the city clerk-treasurer must be affixed and shall see that the collar and tag are constantly worn by the dog. In case a dog tag is lost or destroyed, a replacement tag will be issued by the clerk-treasurer’s office upon application by the owner and payment as set forth in DMC 8.04.110.
(b) Dog tags shall not be transferable from one dog to another. No refund shall be made on any dog license fee because of the death of the dog or the owner leaving the city before expiration of the license period.
(c) A violation of this section is declared to be a civil offense.
(d) The penalty for a violation of this section is set forth in DMC 8.04.110. (Ord. 1192 § 1, 2023; Ord. 985 § 1, 2007; Ord. 797 § 4, 1997).
8.04.050 To be at large declared a public nuisance.
(a) No owner or keeper of any dog shall cause or permit the dog to be at large within the corporate limits of the city at any time, unless the dog is:
(1) Restrained by a sufficient collar or harness and on a leash;
(2) Confined safely within a vehicle.
(b) Any dog at large within the city is declared a public nuisance and, in addition to the penalties hereinafter provided, may be caught and impounded and disposed of as herein provided.
(c) The penalty for a violation of this section is set forth in DMC 8.04.110. (Ord. 1192 § 1, 2023; Ord. 985 § 1, 2007; Ord. 797 § 5, 1997).
8.04.060 Confinement of females in heat (estrus).
(a) Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure, and such area of enclosure shall be so constructed that no other dog or dogs may gain access to the confined animal. The animal control officer shall order any unspayed female that is not properly confined or any such dog that is creating a neighborhood nuisance to be removed to a boarding kennel or to a veterinary hospital. All expenses incurred as a result of the confinement shall be paid by the owner.
(b) It is declared to be a civil offense for an owner, keeper or harborer of a dog, at any time, to violate the provisions of this section and the animal can then be impounded as prescribed in DMC 8.04.110. (Ord. 1192 § 1, 2023; Ord. 985 § 1, 2007; Ord. 797 § 6, 1997).
8.04.070 Creating a public nuisance by barking prohibited.
(a) It is declared to be a civil offense for an owner, keeper or harborer of a dog to, at any time, allow the dog to create a public nuisance by habitually barking, howling, yelping, whining, or making other oral noises while on or off the premises of such owner, keeper, or harborer.
(b) Unreasonable barking, howling, yelping or whining after 10:00 p.m. and before 7:00 a.m., or continuous barking at any time, shall constitute a public nuisance and be cited accordingly.
(c) A violation of the provisions of this section shall subject the animal to possible impoundment as prescribed in DMC 8.04.090.
(d) The penalty for a violation of this section is set forth in DMC 8.04.110. (Ord. 1192 § 1, 2023; Ord. 1187 § 1, 2023; Ord. 985 § 1, 2007; Ord. 797 § 7, 1997).
8.04.080 Dog attacks and dogs exhibiting vicious propensities.
(a) It is declared to be a civil offense for an owner, keeper or harborer of a dog to, at any time, allow the dog to exhibit vicious propensities while on or off the premises of such owner, keeper, or harborer.
(b) It is declared to be a civil offense for an owner, keeper or harborer of a dog to, at any time, allow an unprovoked dog to attack or to bite a person or another domestic animal while on or off the premises of such owner, keeper, or harborer. Such dog is subject to impoundment as set forth in DMC 8.04.090.
(c) If an animal is licensed, a violation of subsection (a) or (b) of this section will cause such license to be immediately revoked.
(d) The penalty for a violation of this section is set forth in DMC 8.04.110. (Ord. 1192 § 1, 2023; Ord. 985 § 1, 2007; Ord. 797 § 8, 1997).
8.04.090 Impoundment.
(a) The persons authorized and given the authority by the mayor to maintain a suitable pound for the purpose of carrying out the provisions of this chapter may utilize any suitable and appropriate dog pound, whether or not maintained by the city, for the purposes of carrying out the provisions of this chapter.
(b) Any dog found in violation of the provisions of this chapter may be captured by any animal control officer and impounded in any suitable place. The officer so impounding any dog shall record a description of the dog, and whether or not licensed, in an impound log kept for that purpose.
(c) If the dog is licensed and wearing a license tag when apprehended, the officer shall cause written notice of the impounding to be posted in the office of the city clerk-treasurer. Such notice shall be kept posted for a period of 48 hours. If the dog is wearing a license tag when apprehended, the officer shall either phone or cause a copy of such notice to be mailed or delivered to the registered owner.
(d) The owner of any dog impounded may reclaim such dog upon:
(1) Proof the dog has a current rabies vaccination certificate; otherwise the dog must be vaccinated before release;
(2) The payment of the license fee, if unpaid;
(3) The payment of the impound fee as set forth in DMC 8.04.110;
(4) The payment of a notification fee as set forth in DMC 8.04.110;
(5) Any other charges incurred by the city for impounding and keeping said dog.
(e) Any and all charges incurred by the city at the pound shall be paid by:
(1) The owner before release and the city shall not release the dog without proof that all charges have been paid that are owed to the city and if applicable to Lincoln County district court.
(2) An outside law enforcement agency utilizing the city’s pound for the agency’s lawful purposes of holding a dog(s) until such time the agency determines that the animal(s) can be returned to the owner. It shall be the using agency’s responsibility to reclaim any charges incurred from the dog’s owner.
(f) Any dangerous dog will be humanely destroyed within 48 hours after its notice of confiscation is served or posted as stated above, unless its owner 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. Any owner requesting a hearing shall file such a request with the Lincoln County district court with a copy served upon the city clerk-treasurer or his/her designee and it shall be made on a form which shall read substantially as follows:
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IN THE DISTRICT COURT FOR LINCOLN COUNTY, WASHINGTON STATE |
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RE: THE CONFISCATION OF A DOG NAMED |
CASE NO. _________ |
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DOG DESCRIPTION |
COURT HEARING DATE: _______________ |
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REQUEST FOR DANGEROUS DOG CONFISCATION HEARING |
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I, the owner/agent of the above described dog, request a hearing to contest its confiscation. The dog is currently being held by the City of Davenport at an impoundment facility. I understand that if I fail to appear at the time set by the Court for the hearing, the dog will be humanely destroyed by the City. |
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Dated this ____ day of _______, 20___ |
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(g) Notwithstanding any other provisions of this chapter, nothing herein is intended to conflict with said state law or subject any person to conviction of a crime by the city for violations of this chapter. (Ord. 1192 § 1, 2023; Ord. 985 § 1, 2007; Ord. 797 § 9, 1997).
8.04.100 Acceptable evidence of violation.
(a) Observation by an animal control officer.
(b) Observation by a citizen and a signed statement and/or video tape. (Ord. 1192 § 1, 2023; Ord. 985 § 1, 2007; Ord. 797 § 10, 1997).
8.04.110 Fees, fines, and penalties.
(a) Upon conviction for violation of this chapter, the fees, fines and penalties are indicated herein and are set forth in the city’s fee schedule and adopted by the city council by resolution.
(1) License – altered – $10.00.
(2) License – unaltered – $20.00.
(3) Late renewal – altered – $20.00 (after last day in February).
(4) Late renewal – unaltered – $30.00 (after last day in February).
(5) Replacement tag fee – $2.00.
(6) Impound fee – $35.00.
(7) Notification fee – $20.00.
(8) Impound fee – unclaimed – $35.00.
(9) Notification fee – unclaimed – $20.00.
(10) Ordinance violation – first offense – $100.00.
(11) Ordinance violation – second offense within 12 months of first – $150.00.
(12) Ordinance violation – third offense within 12 months of second – $200.00.
(13) Ordinance violation – fourth offense within 12 months of third – $400.00.
(14) Subsequent violations – no time limit – $400.00.
(b) Ordinance Violation Fines. All fines shall be payable to the district court of Lincoln County, Davenport, Washington.
(c) Additional Costs. All costs incurred by the city in attempting to enforce compliance with this chapter, including, but not limited to, court costs, reasonable attorney fees and the collection of fines, shall be borne and assumed by the offending dog’s owner. (Ord. 1192 § 1, 2023; Ord. 985 § 1, 2007; Ord. 963 § 1, 2006; Ord. 797 § 11, 1997).