Chapter 6.12
KEEPING ANIMALS
Sections:
6.12.020 Keeping poultry or other domestic fowl.
6.12.040 Penalty for violation of GMC 6.12.010 through 6.12.030.
6.12.050 Keeping noisy or dangerous animals – Penalty.
6.12.060 Animals running at large prohibited.
6.12.070 Impounding animals running at large.
6.12.080 Redemption or sale of impounded animals – Costs.
6.12.100 Right of redemption – Recovery of proceeds of sale.
6.12.120 Claim of ownership to be made in writing.
6.12.130 Unlawful release of impounded animals.
6.12.140 Duty to care for impounded animals – Expense.
6.12.010 Keeping animals.
No swine, sheep, goats, horses, cattle, asses, donkeys, bovines, llamas or other hoofed animals including, but not limited to, stallions, geldings, mares, bulls, steers, heifers, cows or calves shall be kept within the corporate limits of the city, except those areas designated as AG in Chapter 17.40 GMC and at the County Park during the Yakima Valley Junior Fair, or Rodeo or other city-approved animal shows or events. In AG zones, said animals shall at all times be confined within an enclosure sufficient to keep the same upon the owner’s premises. (Ord. 2012-1 § 4; Ord. 2008-10 § 2).
6.12.020 Keeping poultry or other domestic fowl.
No chickens, ducks or geese or other domestic fowl shall be kept within the corporate limits of the city, except in those areas designated as AG in Chapter 17.40 GMC and at the County Park during the Yakima Valley Junior Fair, or Rodeo or other city-approved animal shows or events. In AG zones, said poultry or fowl shall at all times be confined within an enclosure sufficient to keep the same upon the owner’s premises. (Ord. 2012-1 § 5; Ord. 2008-10 § 2).
6.12.030 Wild animals.
No wild animal, which is defined as any animal living in its natural state and native to the United States and not normally domesticated, raised or bred by humans, shall be kept within the corporate limits of the city. (Ord. 2008-10 § 2).
6.12.040 Penalty for violation of GMC 6.12.010 through 6.12.030.
Any person violating the provisions of GMC 6.12.010 through 6.12.030 shall be fined in any sum not less than $50.00 nor more than $500.00. (Ord. 2008-10 § 2).
6.12.050 Keeping noisy or dangerous animals – Penalty.
A. It is unlawful for any person to keep within the corporate limits of the city any animal, bird or fowl, which by nature or habit disturbs the peace and quiet of persons living within the neighborhood by reason of loud crowing, barking, neighing, or other noises characteristic of the species; or which by reason of vicious, dangerous or destructive habits is dangerous to the public.
B. Every violation of this section shall be a civil infraction punishable by the payment of a fine of not less than $100.00 nor more than $500.00. (Ord. 2008-10 § 2).
6.12.055 Cats – Nuisances.
No cats shall be permitted to be a public nuisance. (Ord. 2008-10 § 2).
6.12.060 Animals running at large prohibited.
No animal belonging to one of the classes enumerated in GMC 6.12.010 through 6.12.030 shall be permitted to run at large, or be picketed or tethered within the corporate limits of the city except on the private premises with permission of the owner. (Ord. 2008-10 § 2).
6.12.070 Impounding animals running at large.
Any animal belonging to one of the classes enumerated in GMC 6.12.010 through 6.12.030, which is found running at large, picketed or tethered within the corporate limits of the city, shall be taken up and impounded in the city pound or in some other suitable enclosure by the animal control officer or his designee. (Ord. 2008-10 § 2).
6.12.075 Use of animal traps.
The animal control officer may use animal traps for the controlling of nuisance animal problems. When a complaint has been made to the animal control officer of a nuisance animal problem, the authorized animal control officer may set an animal trap and maintain the trap to provide food and water for the trapped animal and dispose of the trapped animal in accordance with GMC 6.04.090. No other person shall trap animals except the animal control officer or county, state, or federal officers who are empowered to trap wildlife, or persons operating under a nuisance bird permit issued by the chief of police. (Ord. 2008-10 § 2).
6.12.080 Redemption or sale of impounded animals – Costs.
A. Unless any such animal which has been impounded is taken back by the owner within one day from the time said animal is impounded or taken into custody, the animal control officer or his designee shall post notices at three public places within the corporate limits of the city, which notices shall describe the animal impounded or taken into custody and state when and where taken, and the amount of the costs that have accrued and will accrue before the sale of the animal; and shall also state that said animal will be sold at public auction at a certain time and place, which time and place shall be not less than three days from and after the time of posting of said notices; and unless the owner of any such animal, before the time expires for redeeming said animal, pays the costs of impounding the animal to the animal control officer or his designee and obtains the animal from the animal control officer or his designee, the animal control officer or his designee shall sell such animal at public auction in pursuance of said notice to the highest and best bidder, and shall make the due return of his proceedings to the city clerk.
B. The animal control officer or his designee shall collect for the keeping and taking of the animal as follows: For each animal impounded, $10.00 for each day, or fraction thereof, that the animal is impounded; $20.00 for posting notice; and 10 percent of the amount of the sale which shall be taxed as costs, all of which amounts, together with the amount received from the sale of such animal, shall be paid to the city treasurer, who shall issue therefor a duplicate receipt, one copy of which shall be part of the return which shall be made to the city clerk. (Ord. 2008-10 § 2).
6.12.090 Redemption charges.
When any animal has been taken into custody under the provisions of this chapter, the owner shall be allowed to retake such animal upon paying to the animal control officer or his designee $10.00 for each day, or fraction thereof, that the animal has been impounded. In addition thereto, the following charges shall be paid: For each animal impounded, $50.00, which charges shall be collected and paid into the current expense fund by the city treasurer. (Ord. 2008-10 § 2).
6.12.100 Right of redemption – Recovery of proceeds of sale.
At any time before the sale of such animal, any person, by proving ownership and paying the accrued costs and charges against the animal, shall be entitled to have his animal restored to him; and at any time after the sale has been made of the animal, as provided in GMC 6.12.080, and within three months from the date of sale, the owner of the animal shall be entitled to receive from the city treasurer the amount which the animal brought at said sale, less the costs and charges which accrued against the animal; provided, that, unless such proof be made within three months from the date of said sale, said claim shall be forever barred, and the amount collected from the sale of the animal shall be paid into the current expense fund by the city treasurer. (Ord. 2008-10 § 2).
6.12.110 Certificate of sale.
The animal control officer or his designee shall give to the purchaser at any sale of animal or animals, as provided for in this chapter, a certificate of such sale and the price paid therefor, which certificate of sale shall be evidence that the purchaser of the animal has purchased all the rights, title and interest of the former owner in and to the animal. (Ord. 2008-10 § 2).
6.12.120 Claim of ownership to be made in writing.
Any proof of ownership in claiming any animal which has been impounded according to the provisions of this chapter shall be made in writing and under oath. (Ord. 2008-10 § 2).
6.12.130 Unlawful release of impounded animals.
It is unlawful for any person to break open, or in any manner assist or aid in breaking open, any pen, building, pound, or other enclosure where an animal may be retained, or to assist in getting an animal loose in any manner, with the intention of releasing the animal from the custody of the officer impounding the same under and by virtue of this chapter; and every such person who breaks open, or in any manner assists or aids in breaking open, any pen, pound, building, or other enclosure, or aids in getting an animal loose and out of custody of said officer in any manner whatsoever, shall, on conviction thereof, be guilty of a misdemeanor punishable by a fine of up to $1,000 and confinement in the city jail for up to 90 days. (Ord. 2008-10 § 2).
6.12.140 Duty to care for impounded animals – Expense.
It shall be the duty of the animal control officer or his designee to provide necessary food for all animals impounded in accordance with the provisions of this chapter, and the expense of such food shall be charged to the account of the city. (Ord. 2008-10 § 2).