Chapter 6.05
ANIMALS
Sections:
6.05.015 Animal defecation – Owner responsibility.
6.05.040 Female animal in heat.
6.05.050 Biting, chasing, injuring.
6.05.060 Licensing required for dogs.
6.05.110 Release to other than owner.
6.05.120 Interference with impoundment authorities prohibited.
6.05.130 Dangerous dogs – Certificate of registration required – Prerequisites.
6.05.010 Definitions.
Unless the context clearly requires otherwise the following definitions apply to this chapter:
(1) “Animal” means all members of the kingdom Animalia except human beings.
(2) “Animal control officer” means any individual employed, contracted with, or appointed by the city of Forks, or the Forks police chief, for the purpose of aiding in the enforcement of this chapter or any ordinance relating to the licensure of animals, control of animals, or seizure or impoundment of animals.
(3) “Civil penalty” means a fine imposed by the court as a result of a court finding that a violation of the ordinance codified in this chapter occurred and for which there is no specific designation of that violation being defined as a crime subject to incarceration and/or a fine. In imposing a fine upon a person deemed to have violated the ordinance codified in this chapter, the court shall also require the payment of all applicable court costs that will be in addition to the imposed fine amount.
(4) “Dangerous dog” means any dog that, according to the records of the appropriate authority, (a) has inflicted severe injury on a human being without provocation on public or private property, (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 and the dog again bites, attacks, or endangers the safety of humans or domestic animals.
(5) “Gross misdemeanor” means a criminal offense subject to punishment of up to 364 days in jail and $5,000, or any combination thereof. In imposing a fine upon a person deemed to have committed a crime as defined in this chapter, the court shall also require the payment of all applicable court costs that will be in addition to any imposed criminal penalties.
(6) “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
(7) “Police dog” means a dog used by a law enforcement agency and specially trained for law enforcement work and under the control of a dog handler. “Dog handler” means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling.
(8) “Potentially dangerous dog” means any dog that when unprovoked:
(a) Inflicts a bite(s) on a human or a domestic animal while off the owner’s property;
(b) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack;
(c) Has been so declared in the adjudication of a civil infraction of FMC 6.05.050; or
(d) Documented by the appropriate law enforcement authority to have a history of such.
(9) “Proper enclosure of dangerous dog” 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. Invisible fencing, command controls, or other similar means of maintaining a dog’s presence on an owner’s property shall not be considered a proper enclosure of a dangerous dog.
(10) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(11) “Under control” means that the dog is:
(a) On a leash beside a responsible person at a distance not to exceed 20 feet from such person and obedient to such person’s command; or
(b) Secure within the vehicle, has all four feet within the perimeter of the vehicle, and is not acting in an aggressive manner; or
(c) Within the property limits of its owner or keeper. (Ord. 610 § 2, 2014; Ord. 358 § 1, 1993)
6.05.015 Animal defecation – Owner responsibility.
An owner or custodian of any dog is responsible for the care of said animal to include the immediate removal and proper disposal of the dog’s fecal matter when the dog defecates upon the private property of another, or upon public property. (Ord. 610 § 3, 2014)
6.05.020 Running at large.
It is unlawful for the owner or custodian of any dog to cause, permit or allow such dog to roam, stray or be away from the premises of such owner or custodian, unless such dog is under control as defined herein. A written warning may be issued for a first offense, provided that no more than one written warning shall be issued in any two-year period. Any person found violating this chapter shall be subject to civil penalty with a fine of $50.00, $100.00 for a second offense, and $250.00 for a third or subsequent offense by such person within a two-year period. The court shall also impose upon the offending party a reasonable amount to pay for the court’s costs in association with the case. (Ord. 610 § 4, 2014; Ord. 358 § 2, 1993)
6.05.030 Noise disturbance.
It shall be unlawful for any person to keep or harbor any animal(s) which make(s) a sustained noise likely to annoy or disturb any nearby resident for more than 30 consecutive minutes. Any person violating this section, upon the verification by the appropriate authority, shall be issued a written warning. Any person having already received a written warning from the appropriate authority and who again violates this section within two years of the receipt of said warning shall be subject to civil penalty with a fine of $50.00 for the first offense, $100.00 for a second offense, and $250.00 for a third or subsequent offense by such person within a two-year period. The court shall also impose upon the offending party a reasonable amount to pay for the court’s costs in association with the case. (Ord. 610 § 5, 2014; Ord. 358 § 3, 1993)
6.05.040 Female animal in heat.
It is unlawful for any person to keep a female domesticated animal, while in heat, without taking adequate precautions to ensure that such animal is inaccessible to male animals except when the owners of both the female and male animals intend them to breed. Any person violating this section shall be subject to civil penalty with a fine of $50.00 for a first offense, $100.00 for a second offense, and $250.00 for a third or subsequent offense by such person within a two-year period. The fine may be waived upon presentation of written proof from a veterinarian that the animal has been spayed within 45 days of the notice of the fine. The court may impose in any case filed under this section a reasonable amount to pay for the court’s costs in association with the case. (Ord. 610 § 6, 2014; Ord. 358 § 4, 1993)
6.05.050 Biting, chasing, injuring.
(1) Any owner of an animal which, when unprovoked:
(a) Inflicts a bite or bites upon a human or a domestic animal, whether 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) Otherwise causes injury or threatens the safety of a human or a domestic animal shall for each such incident be subject to a civil penalty with a fine of between $100.00 and $500.00. Further, in the adjudication of such an infraction, including any agreed deferment or stipulated continuances, the owner of an animal that inflicted a bite or injury upon a human or domestic animal shall have their dog declared to be a potentially dangerous dog as defined herein.
(2) An owner may defend the animal’s action if the owner can prove that the human or domestic animal harmed by the offending dog had provoked the dog by entering upon the owner’s property without permission. (Ord. 610 § 7, 2014; Ord. 358 § 5, 1993)
6.05.060 Licensing required for dogs.
(1) It shall be unlawful for any person to own, or have in possession, in the city of Forks any dog more than six months of age without having obtained a license therefor. The license shall be issued by the city clerk/treasurer upon payment of the following fees:
(a) Spayed female and neutered male dogs, $10.00 lifetime;
(b) Spayed female and neutered male dogs, $2.00 annually;
(c) Unspayed female and nonneutered male dogs, $25.00 annually.
(2) Written proof from a veterinarian shall be required to qualify for the spayed female or neutered male fees.
(3) Any person found to be violating this section by owning an unlicensed dog shall be required to purchase a license for the dog at the above rate plus an additional surcharge of $25.00 at the time the owner licenses said dog.
(4) This section shall not apply to dogs serving a person with a disability that is any abnormal sensory, mental or physical condition for which the dog is trained for assisting the person with the abnormal sensory, mental or physical condition; or to dogs used by armored car services, private security companies, or law enforcement agencies. (Ord. 610 § 8, 2014; Ord. 358 § 6, 1993)
6.05.070 Impounding.
(1) Any animal that is impounded by an animal control officer by authority of this chapter shall be held for a period of seven days, not including holidays, during which period the owner or custodian thereof may redeem and regain custody of the animal by paying the city of Forks any license fee that may be due for such animal, and may also be charged an impound fee of $10.00 per day, and when applicable the bail or criminal fee for any offense charged in connection with such animal.
(2) Any animal returned or adopted within the city of Forks after being impounded shall only be released to the owner upon the owner’s obtaining the appropriate license for that animal, as well as any outstanding fees associated with the care and treatment of the impounded animal. (Ord. 610 § 9, 2014; Ord. 476 § 1, 2001; Ord. 358 § 7, 1993)
6.05.080 Impound authority.
Any person employed by the city of Forks as an animal control officer is authorized to impound animals for violation of this chapter or any ordinances prohibiting the creation or retention of a nuisance and to retain and/or dispose of said dog as provided in FMC 6.05.070. (Ord. 358 § 8, 1993)
6.05.090 Citation authority.
Any person employed by the city of Forks as an animal control officer shall have the authority to issue notice and citation to appear for any violation of this chapter in addition to violation of FMC 9.05.030, Animals, as now and hereafter amended. The notice and citation shall contain substantially the same information as the citation and notice forms utilized by the Forks police department and shall include (1) the name of the court and a space for the court’s docket, case or file numbers, (2) the name of the person, his address, date of birth and sex, (3) the date, time, place and description of the offense charged, the date on which the citation was issued and the name of the citing officer, (4) the time and place at which the person is to appear in court, (5) a space for the person to sign a promise to appear.
The original citation and notice shall be filed with the clerk of the court and sufficient copies shall be prepared in order to provide a copy for each defendant. (Ord. 358 § 9, 1993)
6.05.100 Arrest authority.
The animal control officers shall have all powers of arrest associated with their commission. If the officer is commissioned as a law enforcement officer pursuant to the laws of the state of Washington, they shall have all powers of arrest permitted by that commission. If the officer receives only a special commission, the powers of arrest shall be limited in a manner as proscribed by law. (Ord. 488 § 1, 2001; Ord. 358 § 10, 1993)
6.05.110 Release to other than owner.
Any impounded animal not claimed by its owner within seven days shall become the property of the city of Forks. The animal may then be made available for adoption, or released to a nonprofit animal rescue organization. (Ord. 610 § 10, 2014; Ord. 358 § 11, 1993)
6.05.120 Interference with impoundment authorities prohibited.
(1) It is unlawful for any person to interfere in any way with any police officer or person employed as an animal control officer engaged in seizing or impounding any dog that is found to be roaming or straying away from its owner’s premises. A violation of this prohibition shall be subject to a civil penalty with a fine in the amount of at least $100.00 and no more than $500.00 plus all applicable court costs.
(2) It is unlawful for any person to interfere in any way with a police officer or person employed as an animal control officer engaged in seizing or impounding a dangerous dog in an effort by said officer to enforce the provisions of this chapter. Any such violation shall be considered a misdemeanor, as defined by state law, and shall be punishable by the court to no more than the maximums permitted by state law to include the payment of all applicable court costs. (Ord. 610 § 11, 2014; Ord. 358 § 12, 1993)
6.05.130 Dangerous dogs – Certificate of registration required – Prerequisites.
(1) It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued under this section. This section and FMC 6.05.140 and 6.05.150 shall not apply to police dogs.
(2) The animal control authority shall issue a certificate of registration to city of Forks residents who own a dangerous dog if the owner presents to the animal control officer sufficient evidence of:
(a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and
(b) A bond or insurance as follows:
(i) Surety bond issued by a surety insurer qualified under Chapter 48.28 RCW (1992) as now or hereafter amended in a form acceptable to the animal control authority in the sum of at least $250,000, payable to any person injured by the vicious dangerous dog; or
(ii) A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 49 (1992) as now or hereafter amended in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog.
(3) Owners must pay a $100.00 registration fee for the first year and $25.00 each subsequent year to obtain a certificate of registration, in addition to regular license fees. (Ord. 610 § 12, 2014; Ord. 358 § 13, 1993)
6.05.140 Dangerous dogs – Requirements for restraint – Potentially dangerous dogs – Dogs not declared dangerous.
(1) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(2) Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful 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. (Ord. 358 § 14, 1993)
6.05.150 Dangerous dogs – Confiscation – Conditions – Hearing available – Penalties for owners of dogs that attack – Dog fights, penalty.
(1) Any dangerous dog shall be immediately confiscated by an animal control authority if the:
(a) Dog is not validly registered under FMC 6.05.130;
(b) Owner does not secure the liability insurance coverage required under FMC 6.05.130;
(c) Dog is not maintained in the proper enclosure;
(d) Dog is outside the dwelling of the owner or outside of the proper enclosure and not under physical restraint of the responsible person. In addition, the owner shall be guilty of a gross misdemeanor.
(2) If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
(3) A dog that attacks and causes severe injury or the death of any human within the city, whether or not the dog has previously been declared potentially dangerous or dangerous, shall be immediately confiscated by an animal control officer, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
(4) The animal control authority must serve upon the registered owner, or if the dog is not registered serve upon the known owner, in person or by certified mail, specific reasons for confiscating the dangerous dog and informing them that they are responsible for all costs of confinement. The notice shall indicate the deficiencies or violations and/or basis for the confiscation and confinement. The notice must specifically contain information as to whether or not the dog will be scheduled to be destroyed. If destruction of the animal is to be scheduled, the notice must also contain information as to how the owner may request a hearing to argue for the defense of the dog.
(5) Hearing Available. If requested by the owner in writing within seven calendar days from the seizure of the animal, a hearing will be conducted on whether or not the animal should be destroyed in an expeditious and humane manner by the animal control authority. The following rules shall apply to the hearing:
(a) A third-party hearing official will be utilized for the hearing with the owner being responsible for all costs associated with the hearing. Prior to the scheduling of the hearing, the owner requesting the hearing shall deposit with the city treasurer the sum of $250.00 as an initial deposit to pay for the costs of the hearing official. The owner requesting the hearing shall be responsible for any additional costs that are not covered by the $250.00 initial deposit and the city will not release the animal to the owner until such costs are paid in full.
(b) Any dog having committed an act described in subsection (1) or (2) of this section shall be presumed to be dangerous with the violating act leading to its confiscation being sufficient evidence to warrant the expeditious and humane destruction of said animal. The owner of the animal shall bear the burden to prove by clear and convincing evidence that one of the defenses below applies to the confiscated animal and warrants the release of the animal to the owner, albeit as a dangerous dog as herein defined, rather than the destruction of the animal. The permitted defenses are:
(i) The injured person or animal clearly trespassed on the owner’s real or personal property; or
(ii) The injured person or animal provoked the dog without justification or excuse on the owner’s real or personal property;
(iii) The owner meets their burden of proof in defending the offending dog if they can prove to the hearing official that the offending dog was:
(A) At the time of injury, regardless of the severity of the injury, enclosed on the owner’s property by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping; and
(B) The fencing was marked with clearly visible signs warning people, including children, not to trespass and to beware of dog;
(iv) In arguing the application of one of these defenses, it is understood that the offending dog may have continued to pursue or followed the injured person or animal off of the owner’s property in the course of the offending dog’s actions.
(c) The hearing official may determine the applicable rules for the conducting of the hearing; provided, that the official explains those rules to all participating parties at the outset of the hearing.
(d) The hearing official shall render a decision in writing to the participating parties. Said decision shall be final with any appeal being to the applicable court having the appropriate jurisdiction. If the decision of the hearing official is to permit the expeditious and humane destruction of the confiscated animal, the city will wait at least five business days from the date of the hearing official’s decision to destroy the animal in an expeditious and humane manner. (Ord. 610 § 13, 2014; Ord. 358 § 15, 1993)
6.05.160 Severability.
If any section, sentence, subdivision or clause of this chapter shall for any reason be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of the chapter. (Ord. 610 § 14, 2014)