Chapter 6.03
ANIMAL CONTROL – VIOLATIONS, PENALTIES
Sections:
6.03.005 Exclusions.
Nothing in this chapter applies to accepted husbandry practices used in the commercial raising or slaughtering of livestock or poultry, or products thereof, or to the use of animals in the normal and usual course of rodeo events. (Ord. 1901 § 6, 2015).
6.03.010 Infractions.
The following are declared to be class 3 civil infractions:
A. Animals at Large. It is unlawful for the owner or person having control or custody of any animal to cause or permit such animal to leave the premises where the owner resides, unless the animal is under physical restraint adequate to the size and nature of the animal. Exceptions to this restriction are pets engaged in formal training, hunt or competition, or animals lawfully within a designated off-leash park, or service dogs engaged in activity for which they are trained or in service. Any such animal may be seized and impounded. A violation of this subsection is a class 3 civil infraction.
B. Agitating an Animal. It is unlawful to intentionally agitate, harass, or provoke an animal. A violation of this subsection is a class 3 civil infraction.
C. Animal Bites. It is unlawful to own an animal that bites a person while such person is on public property or lawfully on private property. A violation of this subsection is a class 3 civil infraction.
D. Animals Chasing Livestock. It is unlawful for the owner or person having control or custody of any animal to cause or permit such animal to chase another owner’s livestock when not engaged in the specific work of herding said livestock as approved and permitted by the owner of the livestock. A violation of this subsection is a class 3 civil infraction.
E. Animals Chasing Vehicles on Public Roads. It is unlawful for the owner or person having control or custody of any animal to cause or permit such animal to chase, run after, or jump at vehicles lawfully using the public road, street, avenues, alleys, and ways. Any such animal may be seized and impounded. A violation of this subsection is a class 3 civil infraction.
F. Animals Jumping and/or Threatening Pedestrians. It is unlawful for the owner or person having control or custody of any animal to cause or permit such animal to frequently or habitually snarl at, growl at, jump upon, or threaten persons upon the public sidewalks, roads, streets, alleys, or public places. Any such animal may be seized and impounded. A violation of this subsection is a class 3 civil infraction.
G. Confinement of Female Dogs and Cats in Heat. Every female dog and cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with a male of the species, except for planned breeding. It is unlawful for any person having control or custody of a dog or cat in heat to cause or permit such animal to be unconfined. Any dog or cat not so confined when in heat, whether or not such dog or cat is licensed, may be seized and impounded, and will be subject to mandatory spaying in accordance with the process in FMC 6.02.085. A violation of this subsection is a class 3 civil infraction.
H. Failure to License. A violation of Chapter 6.04 FMC is a class 3 civil infraction.
I. Damaging Property. It is unlawful for the owner or person having control of any animal to cause or permit their animal to leave the premises of the owner and thereafter cause damage to anything of value which does not exceed $250.00, including another pet or livestock. A violation of this subsection is a class 3 civil infraction.
J. Failure to Provide Adequate Care. It is unlawful for any owner or person having control or custody of any animal to fail to provide adequate care as defined in FMC 6.02.010 under circumstances not amounting to animal cruelty as defined in RCW 16.52.205 or 16.52.207. A violation of this subsection is a class 3 civil infraction. (Circumstances that amount to animal cruelty as defined in RCW 16.52.205 and 16.52.207 are addressed pursuant to those provisions.)
K. Confinement of an Animal in a Motor Vehicle. It is unlawful for an owner or person to confine any animal in a motor vehicle in such a matter that places it in a life- or health-threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of such animal, an animal control officer or law enforcement officer who has probable cause to believe that this section is being violated shall have the authority to enter such motor vehicle by any reasonable means under the circumstances, after making a reasonable effort to locate the owner. A violation of this subsection is a class 3 civil infraction.
L. Public Disturbance Noise and Public Nuisance Noise Made by an Animal. Any public disturbance noise made by an animal and public nuisance noise made by an animal is unlawful and shall be enforced under the provisions of Chapter 9.56 FMC. Violations and penalties are defined in Chapter 9.56 FMC.
M. Sale or Transfer of Animals in Public Places Prohibited. It is unlawful to sell, barter or otherwise transfer for the purpose of changing ownership any animal in an area open to the public unless such activity is licensed pursuant to Chapter 5.24 FMC. A violation of this subsection is a class 3 civil infraction.
N. Failure to Provide Humane Restraint. Any animal, excluding livestock and poultry, that is restrained by a tether must be restrained in compliance with this section. All tethers must meet the following requirements:
1. Chains must be adequate to restrain the animal, but appropriate size and weight for the animal.
2. The use of chains, pinch/prong collars, or choke chains as collars is prohibited. This subsection does not apply to pinch/prong collars or choke chains used for training purposes when a person is present at all times and is actively engaged in training the animal.
3. A tether must be connected to a collar or harness on a swivel or in a manner that prevents entanglement.
4. The tether must not cause injury, disfigurement or physical impairment to the animal.
5. A tether must allow access to food, water and shelter while restrained.
6. A tether must not allow the animal to leave the owner’s property.
7. If there are multiple animals, each animal must be restrained with a separate tether in a manner that prevents entanglement. A violation of this subsection is a class 3 civil infraction.
O. Operating a Facility without a License (First Offense). It is unlawful for any person to own, maintain, or have six or more dogs and/or cats, or operate a commercial kennel or cattery, boarding kennel/cattery, short-term boarding facility, or pet shop, within the city without an applicable license as provided for and defined by Chapter 5.24 FMC. The first violation of this subsection is a class 3 civil infraction. (Ord. 1901 § 6, 2015).
6.03.020 Misdemeanors.
The following are declared to be misdemeanors:
A. Abandonment of Animal. It is unlawful for the owner or person having control or custody of any animal to place such animal under circumstances which manifest or constitute a willful intent to abandon it, or to abandon an animal by leaving it on the street, road, or highway, or in any public place or on private property without the property owner’s permission. A violation of this subsection is a misdemeanor.
B. Animals Injuring Private and Public Property. It is unlawful for the owner or person having control of any animal to cause or permit their animal to leave the premises of the owner and thereafter cause damage to anything of value which exceeds $250.00, including another pet or livestock. Any such animal may be seized and impounded. A violation of this subsection is a misdemeanor.
C. Duties upon Injury or Death to an Animal. A violation of FMC 6.02.100 is a misdemeanor.
D. Hindering an Officer. A violation of FMC 6.02.050 is a misdemeanor.
E. Interference with Impounding. A violation of FMC 6.02.060 is a misdemeanor.
F. Improper Handling/Storage of Poisonous Substances. A violation of FMC 6.02.110 is a misdemeanor.
G. Selling Ill or Injured Animals. It is unlawful for any person to sell an animal knowing it to be ill or injured. A violation of this subsection is a misdemeanor.
H. Refusal to Quarantine. It is unlawful for any person to refuse to quarantine or permit the quarantine of an animal when and as required by FMC 6.08.040. A violation of this subsection is a misdemeanor.
I. Operating a Facility without a License (Second or Subsequent Offense). It is unlawful for any person to own, maintain, or have six or more dogs and/or cats, or operate a commercial kennel or cattery, boarding kennel/cattery, short-term boarding facility, or pet shop, within the city without an applicable license as provided for and defined by Chapter 5.24 FMC. The first violation of this subsection is a class 3 civil infraction. A second or subsequent violation of this subsection is a misdemeanor.
J. Potentially Dangerous Wild Animals. A violation of Chapter 6.16 FMC is a misdemeanor. (Ord. 1901 § 6, 2015).
6.03.030 Gross misdemeanors.
The following are declared to be gross misdemeanors:
A. Animals Injuring Humans or Animals. It is unlawful for the owner or person having control or custody of any animal to cause or permit such animal to cause injury to a human or animal which is acting in a lawful manner. Any such animal may be seized and impounded. A violation of this subsection is a gross misdemeanor.
B. Habitual Violator. Any owner receiving two or more convictions, singularly or in combination, of crimes relating to animals within a 10-year period, or any combination of two findings of potentially dangerous and/or dangerous animals within 10 years, or any four infractions, singularly or in combination, pursuant to this chapter found to be committed by the district court within a five-year period may be designated as a “habitual violator” by the animal control authority and shall be prohibited from owning animals for a period of not less than 10 years. A violation of this prohibition is a gross misdemeanor.
C. Penalty for Failure to Control or Comply with Restrictions. A violation of any of the provisions of Chapter 6.07 FMC is a gross misdemeanor.
D. Use of an Animal in Illegal Activity. No person shall keep, maintain, control, or retain custody of any animal in conjunction with or for the purpose, whether in whole or in part, of aiding, abetting, or conducting any illegal activity or committing any crime within the city. Any such animal may be seized and impounded. A violation of this subsection is a gross misdemeanor.
E. Possession of a Dangerous or Potentially Dangerous Animal Where Prohibited. It is unlawful to bring an animal into the city that has been declared to be dangerous or vicious by any other agency, animal control authority, hearing examiner, municipality or court. The owner of such animal shall be guilty of a gross misdemeanor under circumstances evidencing that the animal was intentionally brought into the city by the owner or at the request or acquiescence of the owner.
F. Relocation of Dangerous or Potentially Dangerous Animal without Proper Notice. When an animal has been declared dangerous or potentially dangerous by an animal control authority, the owner of the animal shall be guilty of a gross misdemeanor if such animal is thereafter found to have been moved to a location other than as registered with the animal control authority without notice as indicated in FMC 6.07.050.
G. Animals Declared Potentially Dangerous in Other Jurisdictions. When an animal has been declared potentially dangerous by any other agency, animal control authority, hearing examiner, municipality or court, the owner of such animal shall obtain a permit in accordance with FMC 6.07.040 within 30 days of the declaration or, if an appeal has been filed, a final decision in the other jurisdiction. During the entire appeal process, the owner shall not allow or permit the animal to go beyond the premises of the owner unless such animal is securely leashed and under the control of a competent adult and humanely muzzled or otherwise securely restrained. Failure to comply with this subsection shall be a gross misdemeanor. (Ord. 1901 § 6, 2015).
6.03.040 Penalties.
Unless specifically designated in this chapter as a misdemeanor or gross misdemeanor, any violation of this chapter is unlawful and shall constitute a class 3 civil infraction pursuant to Chapter 1.24 FMC. Such penalty is in addition to any other remedies or penalties specifically provided in this title. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. (Ord. 1901 § 6, 2015).