Chapter 6.04 ANIMAL CONTROL

C. “Animal shelter” means any premises designated by city administrative authority for the purpose of impounding and caring for animals held under authority of this chapter.

D. “Dogs” means any animal of the species Canidae, regardless of sex.

E. “Leash” means a restraint less than ten feet in length.

F. “Owner” means any person, partnership or corporation owning, keeping or harboring animals.

G. “Person” means an individual, partnership, company or corporation.

H. Restraint. An animal is under “restraint” if on the premises of its owner and if accompanied by a responsible person and under that person’s control.

I. “Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals.

All other words and phrases used herein will have their commonly accepted meanings. (Ord. 1516 §1, 2022)

6.04.020 License required.

No person shall, without first obtaining a license therefor in writing from the city of Goldendale, own, keep, harbor or have custody of any dog six months of age or older. Licenses are due on January 1st of each year and become delinquent on April 1st; thereafter a ten dollar penalty shall be added to the cost of the license. (Ord. 1516 §1, 2022)

6.04.030 License exception.

A. The provisions of this chapter shall not apply to the maintenance of dogs for medical treatment by a licensed veterinarian.

B. The section of this chapter requiring a license shall not apply to nonresidents of the city who are keeping only domestic pets; provided, that animals of such owners shall not be kept in the city longer than thirty days and that the animals are kept under restraint. (Ord. 1516 §1, 2022)

6.04.040 License--Humane care requirements.

The city shall promulgate regulations for humane care of the owner’s animals and for compliance with all provisions of this chapter and other applicable state and local laws. The city may amend such regulations from time to time as is deemed desirable for the public health and welfare and to protect animals from cruelty. (Ord. 1516 §1, 2022)

6.04.050 License fees.

A. Upon a showing by any applicant that he is prepared to comply with the regulations promulgated by the city, a person shall be issued a license following payment of the applicable fee as follows:

1. For each nonneutered male dog, fifty dollars;

2. For each neutered male dog, ten dollars;

3. For each unspayed female dog, fifty dollars;

4. For each spayed female dog, ten dollars;

5. For each neutered male dog or spayed female dog owned by a senior person over the age of sixty-two years, seven dollars and fifty cents;

6. For each declared dangerous dog, two hundred fifty dollars;

7. A lost tag can be replaced at a cost of five dollars;

8. Any purchased after July 1st of any calendar year, by any new owner of any animal or a new resident, shall pay one-half of the original fee listed above.

B. Upon the payment of such license fee to the clerk-treasurer or designee, and upon being shown proof of a current rabies vaccination, it shall be the duty of the clerk-treasurer or designee to issue a license to the party making application therefor, except as hereinafter provided.

C. The license shall expire on the thirty-first day of December in the year of issuance thereof and the time fixed for the issuing of a license shall commence on the first day of January of each year and no license shall be issued to expire at any other time than that date.

D. The clerk-treasurer or designee shall, together with the license, furnish a suitable tag which shall be worn by the dog for which such license is issued and shall be fastened to such dog in such manner that it can easily be inspected at all times by city authorities. (Ord. 1516 §1, 2022)

6.04.060 License revocation.

The clerk-treasurer may revoke any license if the person holding the license refuses or fails to comply with this chapter, the regulations promulgated by the clerk-treasurer, or any state or local law governing cruelty to animals or the keeping of animals. Any person whose license is revoked shall, within ten days thereafter, humanely dispose of any animals being owned, kept, or harbored by such person and no part of the license fee shall be refunded. It shall be a condition of the issuance of any license to any owner of animals kept for commercial purposes that the animal control officer shall be licensed to inspect all animals and the premises where animals are kept at any time and the clerk-treasurer shall, if permission for such inspections is refused, revoke the license of the refusing owner. (Ord. 1516 §1, 2022)

6.04.070 Minimum space requirements--Dogs.

A. Five square feet of accessible surface area for each pound of weight when confined within a fenced outdoor area;

B. Five square feet of accessible surface area for each pound of weight when chained or tethered to a fixed point, provided nothing shall be permitted to obstruct the chain or tether so as to render the animal incapable of free access to the required area;

C. Five square feet of accessible surface area for each pound of weight when tethered to a movable cable, wire, pulley, or combination thereof;

D. Any owner of four or more dogs shall make application thereof, on an annual basis to the city council, upon a form provided by the clerk-treasurer, and shall attach a property plot plan detailing that the accessible surface area meets the requirements outlined above and an explanation of the steps the dog owner will take to address any potential nuisance complaints. Upon approval the clerk-treasurer, or designee, will process the payment of the license fees according to the schedule outlined in Section 6.04.050. (Ord. 1516 §1, 2022)

6.04.080 Nuisance.

No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.

A. The owner of every animal shall be responsible for the removal of any excreta deposited by his animal(s) on public areas or private property, and shall carry a bag to facilitate the removal of excreta. The owner shall further not permit such excreta or food supplies, on the property of the owner or elsewhere, to be or become a breeding place for insects or flies, to be or become unsanitary, or to give offensive odor. Failure to remove excreta shall be cited in accordance with Chapter 1.20.

B. Any person causing or allowing any pen, yard, or dog run or other structure wherein any dog may be kept to become unclean or unsanitary because of the failure to remove and dispose of filth, trash or excrement which emits noxious odors or is hazardous to humans or any animal and such allowance shall be cited in accordance with Chapter 1.20.

C. Any animal which trespasses upon the property of another and which interferes with the quiet enjoyment of a residential property, or which flies, buzzes, digs or otherwise harasses any person while off the owner’s or custodian’s property, shall be considered a nuisance animal and such trespass and/or harassment shall be cited in accordance with Chapter 1.20. (Ord. 1516 §1, 2022)

6.04.090 Dogs barking.

A. It is unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps for more than five minutes in one hour, disturbs the peace and quiet of the neighborhood, or in such manner as to unreasonably disturb persons in the neighborhood. Whoever harbors such a dog maintains a public nuisance, and shall be guilty of a civil infraction as defined in Chapter 1.20.

B. Whenever any person shall complain to the animal control officer or the city that a dog which habitually barks, howls or yelps is being kept by any person in the city, the animal control officer shall first notify the owner of the dog that a complaint has been received and that the person should take whatever steps necessary to alleviate the barking, howling or yelping.

C. When a notice given to the person alleged to be keeping a dog as set forth in subsection B of this section is ineffective, then a written verified complaint of at least two persons not from the same residence may be presented to the animal control officer or the city, alleging that a dog that habitually barks, howls or yelps is being kept by a person within the city. If the animal control officer observes the violation, his/her written statement can substitute for one of the persons.

D. The authorized enforcement officer shall inform the owner of such dog that the petition has been received and may cite the owner of the dog for violation of this section. (Ord. 1516 §1, 2022)

6.04.100 Female in heat.

Every female dog in heat shall be confined in a building or secure enclosure in such manner that the female dog cannot come in contact with another animal except for planned breeding. Any owner or person responsible for the care and keeping of the dog in accordance with this section who violates the provisions of this section shall be fined according to Chapter 1.20. (Ord. 1516 §1, 2022)

6.04.110 Abuse prohibited.

No owner shall fail to provide animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. No person shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse any animal, or cause any or permit any dog fight, cockfight, bullfight or other combat between animals or between animals and humans. No owner of an animal shall abandon such animal. No person shall crop a dog’s ears except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog’s health or comfort and in no event shall any person except a licensed veterinarian perform such an operation. (Ord. 1516 §1, 2022)

6.04.120 Quarantine.

Any animal which bites a person shall be quarantined for ten days if ordered by the director of public health. During quarantine the animal shall be securely confined and kept from contact with any other animal. At the discretion of the director of public health, the quarantine may be on the premises of the owner. If the director of public health requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense, place it in a veterinary hospital. (Ord. 1516 §1, 2022)

6.04.130 Rabies suspect.

No police officer or other person shall kill, or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely euthanized and the head of such animal sent to a laboratory for pathological examination and confirmation of the diagnosis. (Ord. 1516 §1, 2022)

6.04.140 Dogs--Restraint.

All dogs, off premises of owner’s property, shall be kept on a leash inside the city limits. (Ord. 1516 §1, 2022)

6.04.150 Impoundment--Authorized.

A. Notwithstanding the provisions of this section, if an animal is found at large and its owner can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such case, the policeman, animal control officer or other officer shall notify the clerk-treasurer of the violation of this chapter and may proceed against the owner for violation of this chapter.

B. It is unlawful for any owner or custodian of any dog to license any such dog to run loose or be at large upon any public street, highway or public place, or upon private property owned by a person or persons other than the owner or custodian of the dog, within the corporate limits of the city unless such dog is confined and controlled by a leash, rope, device or cord of such length as is sufficiently short to allow for the containment and control of such dog. Such leash, rope, device or cord shall be of such material and of such size as to ensure the custodian of the dog at the time can control and restrain the dog. Any person who elects to be at large within the corporate limits with a dog or dogs contained and controlled by a leash, rope, device or cord as provided for herein shall be in violation of this section if that person in fact does not or cannot control and contain any dog by the leash, rope, device or cord method. (Ord. 1516 §1, 2022)

6.04.160 Impoundment--Disposition.

Unrestrained dogs may be taken by police or the animal control officer and impounded at a veterinary clinic or other similarly situated facility and there confined in a humane manner. Impounded dogs shall be kept for not less than three days unless reclaimed by their owners. If by a license tag or by other means the owner can be identified, the animal control officer, or designee, shall immediately upon impoundment notify the owner by telephone or by mail of the impoundment of the animal. Dogs not claimed by their owners within three days may be handed over to an organization for potential adoption or be humanely disposed of by the animal control officer, or designee. (Ord. 1516 §1, 2022)

6.04.170 Impoundment--Redemption fee.

An owner reclaiming an animal impounded pursuant to this chapter shall, before the animal is released, purchase a license for the animal if it is unlicensed pursuant to Section 6.04.050, and in addition thereto, shall reimburse the city of Goldendale actual fees and costs of the impoundment. (Ord. 1516 §1, 2022)

6.04.180 Dangerous dogs--Definition.

For the purpose of Sections 6.04.190 through 6.04.240, the following words shall have the meanings set out in this section:

A. “Appellant” means the owner of a dog or hybrid dog who seeks review of a dangerous dog declaration before either the city chief of police or the Goldendale municipal court.

B. “Dangerous dog” means:

1. Any dog or hybrid dog with a known propensity, tendency, or disposition to attack, without provocation, any human or domestic animal, either on public or private property; or

2. Any dog or hybrid dog that chases or approaches a person or domestic animal, without provocation, in a menacing fashion or apparent attitude of attack, either on public or private property; or

3. Any dog or hybrid dog that inflicts a bite or bites, without provocation, any human or domestic animal, either on public or private property.

C. “Bite” or “bites” means by use of a dog’s teeth, including fangs, such dog cuts, grips, or tears the body of a human or a domestic animal, and/or pierces the skin of a human or a domestic animal, and/or grabs, grips, or seizes the body and/or the clothing of a human or a domestic animal.

D. “Owner” means any person or legal entity having a possessory property right in a dog, or who harbors, cares for, exercises control over, or knowingly licenses a dog to remain on premises occupied by the legal entity.

E. “Provocation” means taunting, striking, or screaming at a dog, or unauthorized entry into or onto the premises where a dog is kept.

F. “Unconfined” means not securely confined indoors and not confined in a securely enclosed locked pen or structure. Such pen or structure shall have attached sides and a secure top. If the pen or structure has no flooring secured to the sides, the sides shall be embedded into the ground no less than eighteen inches.

G. “City” means the city of Goldendale, Washington.

H. A dog in the possession of a law enforcement official for law enforcement purposes shall not be deemed a dangerous dog. (Ord. 1516 §1, 2022)

6.04.190 Dangerous dogs--On premises.

The owner of a dangerous dog as defined in Section 6.04.180 shall not permit such dog to go unconfined upon the premises of such owner. (Ord. 1516 §1, 2022)

6.04.200 Dangerous dogs--Off premises.

The owner of a dangerous dog as defined in Section 6.04.180 shall not permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled or otherwise securely restrained and muzzled. (Ord. 1516 §1, 2022)

6.04.210 Dangerous dogs--License, insurance or bonding requirements for owners.

A. The owner of a dangerous dog shall, in addition to the foregoing requirements, be required to license the dangerous dog. The license fee shall be two hundred fifty dollars payable at the time of registering the dog with the city.

B. In addition to the license fee the following shall also be required:

1. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the vicious dog; or

2. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.

3. Evidence that the labeled dog has been implanted with a microchip and placed on a local and national registry, at the owner’s expense, must be submitted to the city of Goldendale police department. This must be accomplished within five days after the receipt of the dangerous dog declaration issued by the animal control officer.

4. Securely enclosed, locked pen or structure. Such pen or structure shall have attached sides and a secure top. If the pen or structure has no flooring secured to the sides, the sides shall be embedded into the ground no less than eighteen inches. A sign posted on the enclosure that states “dangerous dog” that is no smaller than eight by ten inches in size. (Ord. 1516 §1, 2022)

6.04.220 Dangerous dogs--Declaration procedure.

A. The animal control officer for the city of Goldendale shall cause a dangerous dog declaration to be sent to the person, at that person’s last known address, by personal service or certified mail, return receipt requested, who is believed to have been in possession of the dangerous dog, or to the person believed to have had the dangerous dog on premises within that person’s control.

B. The dangerous dog declaration shall state:

1. The animal control officer believes that the animal is a dangerous dog; and

2. The animal will be destroyed within seven days unless a request for a hearing is timely received by the city; and

3. The person being notified will be responsible for the cost of impounding, kenneling, and destroying the animal; and

4. The person has a right to contest the determination that the animal is a dangerous dog by requesting a meeting within six days from the date appearing on the notice.

C. Request for Hearing to Contest Dangerous Dog Declaration.

1. If a request for a hearing to contest the determination that a dog is a dangerous dog is received by the city within six days from the date appearing on the dangerous dog declaration, whether by in-person request to the Goldendale city police department or by mail to said department, then a hearing date shall be set by the city.

2. The hearing shall be conducted by the city police chief. At the hearing, the owner, who shall be known as the appellant, shall be allowed to present evidence. The rules of evidence do not apply at such hearing.

3. If the dog is found to be a dangerous dog, it shall be licensed and insured or bonded as a dangerous dog, or the dog shall be destroyed and the costs of impounding, kenneling, and destroying the animal shall be assessed against the appellant.

4. If the animal is found not to be a dangerous dog, then the dog shall be released to the appellant and the cost of impounding and kenneling shall be paid by the city.

5. After such hearing, the city chief of police must issue his or her final determination, in the form of a written order, within fifteen calendar days of the date of such hearing. In the event the city chief of police determines the dog is a dangerous dog, the written order shall state a brief statement of the facts that support the determination and the signature of the person who made the determination. The written order shall be sent by mail or served in person to the owner’s last known address.

D. Judicial Review after City Hearing.

1. The owner may appeal to the Goldendale municipal court after a determination by the city police chief at a hearing that a dog is a dangerous dog. Such appeal must be filed in said court within six days from the date the police chief gives notice to the appellant, either by mail or by personal service, of the written order made after the hearing before the police chief. If by mail, three additional days shall be added to the six days set forth hereinabove.

2. The appellant is responsible for all costs and filing fees associated with filing an appeal in the Goldendale municipal court.

3. At the hearing before the Goldendale municipal court, the rules of evidence shall apply. (Ord. 1516 §1, 2022)

6.04.230 Enforcement.

Any animal control officer or humane officer or police officer or employee of the city shall have the police power in the enforcement of this chapter and no person shall interfere with, hinder, molest or abuse any such officer or employee in the exercise of such power. (Ord. 1516 §1, 2022)

6.04.240 Violation--Penalty.

A. Any person who is found to have violated any part of Section 6.04.230 shall be guilty of a misdemeanor, punishable by up to ninety days in jail and/or a one thousand dollar fine.

B. If any such violation is continuing, each day of such violation shall be deemed a separate violation. If any person is found guilty of violating any part of this chapter, that person’s license to own, keep, harbor or have custody of animals shall be deemed automatically revoked and no new license shall be issued for a period of one year. (Ord. 1516 §1, 2022)