Chapter 6.08
DOGS
Sections:
6.08.020 General dog regulations.
6.08.030 Dogs at large – Impoundment.
6.08.060 Dogs at large without tag – Impounding.
6.08.070 Dogs impounded – Redemption.
6.08.075 Dogs impounded – If unredeemed, restitution.
6.08.080 Time for redemption – Destruction/adoption.
6.08.090 Certain violations as civil infractions.
6.08.130 Dangerous dog – Prohibition.
6.08.140 Dangerous dog – Impoundment – Confiscation – Destruction.
6.08.150 Dangerous dog – Notice of declaration – Meeting – Appeal.
6.08.200 Legislative intent – General protection.
6.08.010 Definitions.
In construing the provisions of this chapter, all words not otherwise given a special definition in this chapter shall be given their common and ordinary meaning. In addition, the following definitions apply:
A. “Allow” includes neglecting to restrain or prevent.
B. “Dog” is any canine (Canis familiaris).
C. “Leash” means a cord, strap, tether or chain or similar restraining device of 10 feet in length or less used to hold and control a dog.
D. “License” means a dog license issued by the City under this chapter.
E. “Owner” means any person having ownership in or exercising control, custody or possession over any dog.
F. “Pack of dogs” means any three or more dogs running together upon public or private lands, not that of their owner, when such dogs are not restrained or controlled.
G. “Premises” means all real property under public or private ownership or leased property, as well as the inside of any motor vehicle or bed of any truck.
H. “Running at large” means to be off the premises of the owner and not under the control of either the owner or another competent person authorized by the owner.
I. “Under control” means an animal is under voice, signal, or physical control sufficient to prevent it from violating any of the provisions of the general regulations provided in EMC 6.08.020. [Ord. 812 § 1, 2019; Ord. 694 § 1, 2009; Ord. 315 § 1, 1985; Ord. 262 § 1, 1982; Ord. 189 § 1, 1978.]
6.08.020 General dog regulations.
It shall be unlawful for the owner of any dog or dogs to cause, permit, or allow such animal to:
A. If it is a female dog in heat, be at large or confined in other than a clean, dry enclosure;
B. Be off the owner’s premises without an identification tag with the owner’s name, address and telephone number;
C. Enter upon private or public property and cause damage to or destroy any personal property, or any improvements on real property;
D. Chase, run after, or jump at any vehicle, including any bicycle, on any public street, highway, sidewalk, or other public way;
E. Chase, jump at or upon, bite, bite at, or otherwise threaten any person using public sidewalks, streets, alleys or other public ways;
F. Run in a pack of dogs;
G. Be off leash on any street, alley, sidewalk, park, public beach, public playground, school grounds, or other public areas;
H. Enter any public building, or any place where food is prepared, served, stored or sold to the public; provided, that this subsection shall not apply to any service dog, or to authorized law enforcement officers or security guards using trained dogs in the performance of their duties;
I. Chase, bite or harass livestock or other animals except for domestic herding purposes;
J. Bark in such a manner and for such duration that it annoys, injures or endangers the safety, health, comfort or repose of any person. [Ord. 846 § 1, 2023; Ord. 812 § 1, 2019; Ord. 694 § 1, 2009; Ord. 677 § 5, 2008; Ord. 492 § 1, 1995; Ord. 315 § 2, 1985; Ord. 262 § 2, 1982; Ord. 189 § 2, 1978.]
6.08.030 Dogs at large – Impoundment.
Any animal control officer or any police officer of the City is authorized to impound any dog:
A. Found running off leash on any street, alley, sidewalk, park, public beach, public playground, school grounds, or other public areas;
B. Found running at large; or
C. Which has bitten any person. [Ord. 812 § 1, 2019; Ord. 694 § 1, 2009; Ord. 490 § 3, 1995; Ord. 315 § 3, 1985; Ord. 262 § 3, 1982; Ord. 189 § 3, 1978.]
6.08.040 Dogs – License required.
Repealed by Ord. 846. [Ord. 504 § 1, 1996; Ord. 262 § 4, 1982; Ord. 189 § 6, 1978.]
6.08.050 Dogs – License fees – Display of tags.
Repealed by Ord. 846. [Ord. 842 § 2, 2023; Ord. 597 § 2, 2002; Ord. 504 § 2, 1996; Ord. 490 § 4, 1995; Ord. 262 § 5, 1982; Ord. 189 § 7, 1978.]
6.08.060 Dogs at large without tag – Impounding.
All dogs found running at large within the City limits are declared to be public nuisances, and it shall be the duty of the Animal Control Officer or any law enforcement officer to impound all such dogs and keep them in custody. [Ord. 846 § 1, 2023; Ord. 490 § 5, 1995; Ord. 262 § 7, 1982; Ord. 189 § 8, 1978.]
6.08.070 Dogs impounded – Redemption.
An impounded dog may be redeemed by submitting to the Animal Control Officer a receipt from the City Clerk, or obtaining from the Animal Control Officer, a receipt showing payment of and compliance with the following:
A. Payment of the Redemption Fee. The redemption fees for dogs for first, second, and third redemptions by the same owner within a 12-month period shall be set by the City’s current master fee schedule adopted by resolution of the City Council.
B. Payment for services provided by the contracted animal control agency at the contracted rate for:
1. The transportation of the dog to the animal shelter; and
2. The care and feeding of the dog during impoundment; and
3. Any veterinary services provided to the dog during impoundment.
C. If the impounded animal is an unlicensed dog, a current dog license must be procured.
After the minimum period of impoundment, redemption shall be subject to the continued existence of or availability of the dog. [Ord. 842 § 2, 2023; Ord. 490 § 6, 1995; Ord. 407 § 1, 1990; Ord. 370 § 1, 1988; Ord. 262 § 8, 1982; Ord. 189 § 8, 1978.]
6.08.075 Dogs impounded – If unredeemed, restitution.
In any prosecution of the owner of any dog for violation of this chapter wherein the dog has been impounded and not redeemed, upon conviction thereof, the sentence imposed by the court shall include restitution for all costs, fees, and charges incurred by the City for the impoundment and disposal of the dog. [Ord. 407 § 2, 1990.]
6.08.080 Time for redemption – Destruction/adoption.
An impounded dog shall be held for redemption by the owner until the expiration of 72 hours from the time of impound. Any impounded dog not timely redeemed by the owner may be humanely destroyed or placed or held for adoption, in the discretion of the Animal Control Officer. [Ord. 370 § 2, 1988.]
6.08.090 Certain violations as civil infractions.
Any violation of EMC 6.08.020 shall, notwithstanding any provisions for the impoundment and redemption of certain dogs, constitute a civil infraction. Each subsequent violation of an offense within the scope of this section committed within a 12-month period shall, unless already designated as Class 1, be designated one classification higher (lower number) than the immediately prior offense. [Ord. 846 § 1, 2023; Ord. 812 § 1, 2019; Ord. 694 § 1, 2009; Ord. 555 § 2, 1999.]
6.08.100 Definitions.
A. “Muzzled.” Any dog shall be considered muzzled if it has securely attached to its head a muzzle of sufficient design and construction to prevent either the mouth from opening far enough to bite any person or thing or to prevent any part of any person or thing from being able to enter the dog’s mouth.
B. “Dangerous Dog.” Any dog shall be considered dangerous if it:
1. Inflicts severe injury on a human being without provocation on public or private property; or
2. Kills a domestic animal without provocation while the dog is off the owner’s property.
Provided, that a dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has in the past been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
C. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
D. “Proper enclosure of a dangerous dog” or “confined” means, while on the owner’s property, a dangerous dog shall be 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. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog. [Ord. 677 § 5, 2008; Ord. 589 § 1, 2002; Ord. 351 § 1, 1987; Ord. 343 § 1, 1987.]
6.08.110 Potentially dangerous dog to be confined – Exception.
Repealed by Ord. 677. [Ord. 589 § 2, 2002; Ord. 351 § 2, 1987; Ord. 343 § 2, 1987.]
6.08.120 Potentially dangerous dog to be leashed or muzzled.
Repealed by Ord. 677. [Ord. 589 § 3, 2002; Ord. 351 § 3, 1987; Ord. 343 § 3, 1987.]
6.08.130 Dangerous dog – Prohibition.
It is unlawful for an owner to have a dangerous dog in the City. This section shall not apply to dogs used by law enforcement officials for police work. A violation of this section is a Class 1 civil infraction. Any subsequent violation of this section within a 12-month period is a Class A misdemeanor. [Ord. 812 § 1, 2019; Ord. 694 § 1, 2009; Ord. 589 § 4, 2002; Ord. 351 § 4, 1987.]
6.08.140 Dangerous dog – Impoundment – Confiscation – Destruction.
A. Any dangerous dog found in the City shall be subject to immediate impoundment by an Animal Control Officer.
B. Any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared dangerous, shall be immediately impounded by an Animal Control Officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
C. The owner must pay the costs of confinement and control of any dog impounded under this section. The Animal Control Officer must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, and that the owner is responsible for payment of the costs of confinement and control. Such notice shall also state that any dog impounded under this section will be destroyed in an expeditious and humane manner at any time after 20 days from the date of mailing of the notice specified above. The Animal Control Officer shall thereafter see to the destruction of any impounded dog in an expeditious and humane manner. [Ord. 677 § 5, 2008; Ord. 589 § 5, 2002; Ord. 351 § 5, 1987.]
6.08.150 Dangerous dog – Notice of declaration – Meeting – Appeal.
A. The Animal Control Officer shall initiate proceedings for the declaration of a dog as dangerous, as defined in this chapter, by service of a notice to that effect upon the dog owner in person or by regular and certified mail, return receipt requested.
B. The notice must state:
1. The regulatory basis for the declaration;
2. The reasons the officer finds the animal to be dangerous;
3. A statement of the requirements of this chapter affecting a dog declared dangerous;
4. The date, time, and location of a meeting, which must occur prior to the expiration of 15 calendar days following delivery of the notice, at which the owner is entitled to an opportunity to meet with the Animal Control Officer and give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous;
5. That the owner may propose an alternative date and time for the foregoing meeting, but such meeting must occur within the 15-day time period; and
6. That the notice of declaration shall be effective as a final determination without further action or notice upon the expiration of 15 days without a meeting.
C. The Animal Control Officer shall issue a final determination in the form of a written order within 15 calendar days after the meeting with the owner. An order finding the dog to be dangerous shall include a recital of the authority for the action, a concise statement of the facts that support the determination, and the signature of the officer. A copy of the order of final determination shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the officer.
D. The owner may appeal the animal control officer’s final determination that a dog is dangerous to the Everson Municipal Court. The owner must file such appeal in writing with the Everson Municipal Court Clerk, with a copy to the Everson City Attorney, within 20 days of receiving the final determination. The notice of appeal shall state the grounds for such appeal and shall be accompanied by (1) payment for all costs of impoundment incurred by the City through the date of final determination and (2) posting of cash, bond or other suitable security sufficient to pay all costs of impoundment and confinement of the dog through the date of hearing on the appeal. The appeal shall be conducted in the manner provided for contested infraction hearings under Infraction Rules for Courts of Limited Jurisdiction (IRLJ) and the decision of the Everson Municipal Court shall be final and conclusive. While any such appeal is pending, the animal control officer may order that the dog be impounded until the appeal is concluded. If the dog is determined to be dangerous, the owner must pay all costs of impoundment and, if applicable, humane destruction. [Ord. 812 § 1, 2019; Ord. 694 § 1, 2009; Ord. 677 § 5, 2008; Ord. 589 § 6, 2002.]
6.08.200 Legislative intent – General protection.
The provisions of this chapter are intended to achieve a balance between public health and safety and the ownership of domestic pets. Any duty created herein is intended to be a general duty running in favor of the entire citizenry and nothing in this chapter is intended to create a cause of action or claim against the City, its employees, agents or officials on the part of any specific individual or relating to any particular owner or dog on account of the existence of any of the provisions of this chapter or the manner of enforcement thereof. [Ord. 343 § 5, 1987.]