Chapter 6.02
ANIMAL CONTROL
Sections:
6.02.025 Chapter supplementary.
6.02.050 License and permit issuance and revocation.
6.02.075 Habitual violations – Animals running at large.
6.02.090 Impoundment procedure – Disposition.
6.02.100 Limit on number of dogs, including potbelly pigs – Variance.
6.02.120 Large livestock running at large.
6.02.140 Confinement of females in heat.
6.02.150 Responsibility of owner or custodian.
6.02.160 Interference with animal control officer.
6.02.190 Restraining potentially dangerous dogs.
6.02.010 Preamble – Purpose.
The city council of the city of Kittitas, in accordance with its duty to safeguard the safety of the citizens of the city of Kittitas, finds and declares that it is in the best interests of the citizens of the city of Kittitas that the following chapter regarding animal control be enacted. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.020 Definitions.
When used in this chapter, the following words shall have the following meanings:
(1) “Abandonment” means leaving of an animal by its owner or owners or other person or persons responsible for its care or custody without making effective provisions for its proper care.
(2) “Animal” means any animal other than humans.
(3) “Animal control officer” means any person or persons empowered by the city to enforce the provisions of this chapter.
(4) “Animal shelter” means the facility designed by the city for the boarding and caring of any animal impounded under the provisions of this chapter or any other ordinance or law of the state of Washington.
(5) “Cat” means any animal of the species Felidae, regardless of sex.
(6) “Common areas of a condominium, town house, or apartment building” means and includes but is not limited to the yards, grounds, patios, garden areas, play areas, clubhouses, swimming pools, sidewalks, walkways, common garage areas, entryways, hallways, and driveways.
(7) “Dog” means any animal of the species Canidae, regardless of sex.
(8) “Dog owner” means any person, firm, partnership, corporation, trust arrangement, or the like who owns, keeps, or harbors a dog or dogs.
(9) “Mistreatment” means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.
(10) “Neglect” means failure to provide food, water, protection from the elements, opportunity for exercise, or other care normal, usual and proper for an animal’s health and well-being.
(11) “Owner or custodian” means any person, firm, partnership, corporation, trust arrangement, or the like who shall keep, maintain, control, care for, or be responsible for keeping, maintaining, or caring for any animal.
(12) “Potbelly pig” means that type of swine commonly known as the Vietnamese, Chinese, or Asian potbelly pig.
(13) “Potentially dangerous dog” and “dangerous dog” have the meanings given them in Chapter 16.08 RCW as now enacted or hereafter amended.
(14) “Running at large” means off the premises of the owner and not under the effective control of the owner, his agent, servant, or competent member of his family by means of a leash, cord, or chain reasonable in length; except that, for the purpose of this definition, the premises of the owner shall not include common areas of a condominium complex, town houses, and apartment buildings, and any animal not in the effective control of its owner upon the common area of a condominium, town house or apartment building, or the grounds thereof, shall be deemed to be running at large.
(15) “Vicious animal” means any animal that constitutes a physical threat to humans or other domestic animals whether or not such animal has ever displayed any vicious tendencies, bitten, attacked, or threatened any person or domestic animal before that time. This is a specific abandonment of the common law concept that every dog was allowed one vicious act before being declared vicious.
(16) All other words and phrases used herein will have their commonly accepted meanings. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.025 Chapter supplementary.
The provisions of this chapter shall be supplementary to the provisions of Chapter 16.08 RCW relating to dangerous dogs. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.030 License required.
It is unlawful for any person or persons to own or harbor any dog or potbelly pig over the age of six months within the corporate limits of the city, unless such person or persons first procure a license therefor as provided in this chapter. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.040 License fee and tag.
(1) The license fee shall be in the sum of $15.00 per year for neutered male dogs and spayed female dogs, and $40.00 per year for nonneutered male and nonspayed female dogs. Upon the payment of such license fee to the city clerk or his/her designee, and upon being shown proof of a current rabies vaccination, it shall be the duty of the city clerk or his designee to issue a license to the party making application therefor. The license fee for potbelly pigs shall be $15.00. Along with the fee for such license or renewal, the owner must present the following:
(a) Proof that the pig is spayed or neutered;
(b) Certification by a licensed veterinarian that the pig has current vaccinations;
(c) Certification within the prior 30 days by a licensed veterinarian of the weight of the pig;
(d) Certification within the prior 30 days by a licensed veterinarian that no tusk appears outside of the mouth of the pig when the mouth is closed; and
(e) The address of the property and description of the physical location(s) on the property where the pig will be kept.
(2) The license shall expire on the first day of January next succeeding the date of the 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. The license fee shall be paid in full for any year or part thereof.
(3) The city clerk or his designee shall, together with the license, furnish a suitable tag which shall be worn by any 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. Lost tags will be replaced by the city clerk or his designee upon a payment of an additional fee of $2.50.
(4) All persons must present a current rabies vaccination receipt for dogs, and current vaccination records as required by the city for all dogs/potbelly pigs that require license under this chapter.
(5) A current photograph of the dog or potbelly pig is required before a city dog/potbelly pig license can be obtained.
(6) It is unlawful for any person, for purposes of securing the license, to falsely represent the age or sex of any potbelly pig or dog, or that the dog or potbelly pig has been spayed or neutered.
(7) No person may use any license for any animal other than the animal for which it was issued. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.050 License and permit issuance and revocation.
(1) The city of Kittitas may revoke any animal permit or license if the person holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by the city of Kittitas, or any law governing the protection and keeping of animals.
(2) Any person whose animal permit or license is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept, or harbored by such person and no part of the permit or license fee shall be refunded.
(3) It shall be a condition of the issuance of any permit or license that the city of Kittitas shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.
(4) If the applicant has withheld or falsified any information on the application, the city of Kittitas shall refuse to issue or may revoke a permit or license.
(5) No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.
(6) Any person having been denied a license or permit may not reapply for a period of 30 days. Each reapplication shall be accompanied by a $20.00 fee.
(7) Any dog impounded under the provisions of this chapter shall not be released until the owner of such dog shall have paid all fees and charges due. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.060 Rabies control.
(1) All cats and dogs over the age of four months or dogs with a full set of canine teeth shall have a current rabies vaccination administered by a licensed veterinarian. If a dog or cat is obtained from the animal control shelter, the owner or custodian shall arrange for the dog or cat to be vaccinated within 30 days of obtaining the dog or cat and the owner or custodian shall provide proof of such vaccination to the animal control officer or be in violation of this section. An owner acquiring a dog or cat shall have such dog or cat inoculated against rabies within 30 days after the dog or cat reaches four months of age. Any person moving into the city from a location outside of the city shall comply with this section 30 days after having moved into the city. A current rabies vaccination means that a dog vaccinated between three months to one year shall be revaccinated within one year and then revaccinated at least within every three years thereafter and that a cat shall be revaccinated annually.
(2) Any dog, cat, or other animal that has bitten any person, regardless of severity or circumstances, shall be immediately confined at the animal shelter at the owner’s or custodian’s expense for a period of not less than 10 days. No animal under confinement shall be released from confinement until such release has been approved by the animal control officer. The dog shall have an electronic chip inserted by a local veterinarian, at the owner’s expense, so as to record the incident. Any dog that bites, regardless of severity or circumstances, shall be declared as “potentially dangerous” or “vicious,” or both.
(3) It shall be unlawful for the owner of any dog, cat, or other animal that has bitten any person to destroy such animal before it can be properly confined by the animal control officer. The location of such confinement shall be determined by the animal control officer and shall be at the expense of the owner.
(4) The owner of any animal that has been reported as having inflicted a bite on any person shall, on demand of an animal control officer, produce such animal for examination and quarantine as prescribed in this section. If the owner, his agent, servant or competent member of his family, or any custodian of any such animal refuses to produce such animal, the owner, his agent, servant or competent member of his family, or any custodian shall be subject to immediate arrest if there shall be probable cause to believe that the animal has inflicted a bite upon a person and the owner, his agent, servant or competent member of his family, or any custodian is keeping or harboring the animal and willfully refuses to produce the animal upon such demand. Such persons shall be taken before a judge of the municipal court, who may order the immediate production of the animal. If the owner, his agent, servant or competent member of his family, or any custodian of such animal shall willfully or knowingly secrete or refuse to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this section.
(5) When an animal under quarantine has been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the county public health officer and advise him of any reports of human contact with such rabid dog. If any animal under quarantine dies while under observation, the animal control officer or his agents shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as a diagnosis is made available, the animal control officer shall notify the county public health officer of any reports of human contact with the animal. Any animal which has not been inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed immediately.
(6) Every physician or other medical practitioner who treats a person or persons for bites inflicted by animals shall report such treatment to the animal control officer, giving the names and addresses of such persons.
(7) Any veterinarian who diagnoses rabies in any animal shall report such fact to the animal control officer. The veterinarian shall determine, before any rabies inoculation is given, whether the subject animal is under quarantine or has inflicted a bite on any person within the last 10 days.
(8) In case of an outbreak of rabies, constituting an emergency situation, the mayor shall be authorized to impose strict regulations pertaining to animals within the city limits. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.070 Running at large.
(1) It is unlawful for any owner or custodian of any dog/potbelly pig to permit any such dog/potbelly pig 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/potbelly pig, within the corporate limits of the city unless such dog/potbelly pig 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/potbelly pig. Such leash, rope, device, or cord shall be of such material and of such size as to ensure the custodian of the dog/potbelly pig at the time can control and restrain the dog/potbelly pig. Any person who elects to be at large within the corporate limits with a dog, dogs or potbelly pig(s) 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/potbelly pig by the leash, rope, device, or cord method. Dogs/potbelly pigs confined in an automobile or other vehicle shall be deemed to be under the personal control of the owner or custodian thereof.
(2) Animals injured or killed in the street shall be considered as running at large; the animal control officer shall remove all such animals and, at his discretion, take those needing medical attention to a veterinarian or the animal control shelter. The owner of any such animal shall be responsible for all expenses of the treatment and of the impoundment. All reasonable efforts will be made to notify the owner or custodian of any such animal prior to the animal being treated and impounded. Injured animals may be destroyed humanely, if it is determined by the animal control officer or a veterinarian that the animal has sustained critical injuries, suffering is extreme, and/or the prognosis for recovery is poor. The animal control officer shall consult with a veterinarian as to the disposition of injured animals, when the animals’ prognosis cannot be ascertained with reasonable certainty. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.075 Habitual violations – Animals running at large.
(1) In addition to any other penalty provided for in this chapter, any person responding to a notice of infraction for a dog(s) or potbelly pig(s) running at large (herein referred to as the current infraction) who has previously been found to have committed the same violation with the same or different dogs/potbelly pigs on two or more separate dates within 12 months of the date of the current infraction, or who has been found to have committed the same violation with the same or different dogs/potbelly pigs on one prior date within 12 months of the date of the current infraction, and who has pending one or more infractions for the same violation on dates within 12 months of the current infraction, shall be placed on notice of enhanced relief being sought by the city as provided for in this section. The violator shall be informed within five business days of the issuance of the current infraction that the city alleges the violator is a habitual violator of KMC 6.02.070, Running at large, and of the enhanced penalty possible pursuant to this section. As an alleged habitual violator, the respondent shall be liable for all monetary penalties provided for in this chapter.
(2) Any dog/potbelly pig running at large whose owner is alleged to have violated this section as a habitual violator of KMC 6.02.070 may be impounded and held at the owner’s expense, not to be released except upon court order. If the dog/potbelly pig owner is found to be a habitual violator of KMC 6.02.070, the court shall issue an order directing the animal control officer to seize and destroy all dogs/potbelly pigs in the dog/potbelly pig owner’s possession which dogs/potbelly pigs are identified as having been running at large previously within 12 months of the current infraction and ordering payment to the city of any costs incurred by the city as a result of the impound of any animals. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.080 Vicious animals.
No one shall keep, possess or harbor a vicious animal within the city. It shall be the duty of the animal control officer or his agents to impound such animal at the owner’s expense and the animal control officer may do so in all instances where the animal control officer determines, in his opinion, that the animal is vicious, and if impoundment cannot be made with safety to the animal control officer or other citizens, the animal may be destroyed without notice to the owner, keeper or possessor. If an animal is impounded because it is vicious, a mandatory court appearance is necessary and the animal shall not be released to the owner or custodian until after the court appearance unless the owner agrees with the city attorney to have the animal placed outside the corporate limits of the city or agrees to have the animal euthanized. Having a vicious animal is declared to be a nuisance and may be abated as such as prescribed by law. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.090 Impoundment procedure – Disposition.
(1) Any dog/potbelly pig found running at large contrary to the provisions of this chapter within the corporate limits of the city shall be subject to seizure by a police officer, animal control officer, or any other city authority designated by the mayor for the purposes of seizing such dogs/potbelly pigs. Any private person shall have the right to seize any such dog/potbelly pig and to immediately notify the city police authorities.
(2) Any other animal which may be impounded under the provisions of this chapter shall also be subject to seizure by a police officer, animal control officer, or any other city authority designated by the mayor for the purpose of seizing such animal.
(3) After any such seizure, a written record thereof shall be kept in a record book for that purpose at the city police department, which record shall give a general description of such dog/potbelly pig, and such dog/potbelly pig so seized shall be held for a period of 48 hours from the time of impounding, exclusive of holidays and Sundays, during which time the owner or custodian of such dog/potbelly pig, upon establishing ownership or control of such dog/potbelly pig, may recover the same by procuring a license for such dog/potbelly pig if none has been issued and paying an impounding and/or redemption fee, together with a boarding fee in the sum of $5.00 per day or any part thereof, which shall be paid to the keeper of such dog/potbelly pig. The impounding and/or redemption fee for the first time a dog/potbelly pig is seized shall be $10.00, which shall be waived if the dog/potbelly pig is redeemed by the owner or the agent of the owner. The fee for the second time a dog/potbelly pig is seized shall be $20.00, and for a third or further time a dog/potbelly pig is seized shall be $35.00. The owner, by paying such impounding and/or redemption fee and boarding fee, shall not thereafter be immune from other liabilities imposed by this chapter.
(4) If such dog/potbelly pig is not claimed within 48 hours, exclusive of holidays and Sundays, from the time of impounding, the dog/potbelly pig may be put to death, or otherwise disposed of as directed by the police chief. Any funds received from the sale of the dogs/potbelly pigs, in addition to the cost of boarding the dogs/potbelly pigs, shall be placed in the current expense fund of the city.
(5) Upon reasonable suspicion, the city may require an owner to produce an animal for inspection by a handheld electronic scanner to determine if a microchip has previously been inserted in the dog/potbelly pig. Failure to comply will result in an automatic declaration of the dog/potbelly pig as vicious and seizure of the dog/potbelly pig pursuant to this chapter.
(6) Procedure for Release of Dangerous Dog or Vicious Animal. Before releasing any dangerous dog or vicious animal from impound, proof of the following must be provided to the animal control officer:
(a) That an electronic chip identifying the dog or animal has been inserted by a veterinarian at the owner’s expense; and
(b) That a certificate of registration pursuant to Chapter 16.08 RCW, as now enacted or hereafter amended, has been issued to the owner by the animal control authority of the jurisdiction in which a dangerous dog will be relocated or, in the case of a vicious animal, written confirmation from the jurisdiction’s animal control authority that it has been notified of the vicious animal determination and is aware of the animal’s intended relocation to a specific address within its jurisdiction. This registration provision shall not apply to pit bull dogs impounded solely because of the prohibition on keeping such dogs within the city limits.
Failure to provide proof as required above within 10 calendar days after all administrative appeals have been waived or otherwise disposed of shall result in a presumption of abandonment of the animal and shall entitle the city to cause the animal to be put to death. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.100 Limit on number of dogs, including potbelly pigs – Variance.
With the exception of registered service animals, no household shall harbor or keep more than two dogs or potbelly pigs; provided, however, that the city council shall have the authority to authorize a variance from the limit of keeping more than two dogs/potbelly pigs as follows:
(1) Variance Filing. Interested persons may submit a written request for a variance to the city council. This request must state specific reasons for the additional dog(s)/potbelly pigs in order to be considered. Except as otherwise set forth herein, registered service animals shall not be considered in the total number of dogs or potbelly pigs for purposes of requesting a variance. The request shall be considered at the next available regular city council meeting. Any household that includes three or more registered service animals must seek a variance to keep or harbor any additional dog(s)/potbelly pigs as authorized by this policy.
(2) Variance Filing Fee. Except as otherwise set forth herein, a nonrefundable filing fee of $50.00 must accompany each written variance request. The variance filing fee will be waived for variance requests processed for households with three or more service animals as set forth in subsection (1) of this section.
(3) Total Limit. With an approved variance, no person or household may harbor or keep more than four dogs/potbelly pigs, excluding service animals and puppies less than six weeks old.
(4) Licensing Fee. With an approved variance, each license fee shall be two times that of the usual annual fee. Registered service animals are exempt from license fees. Owners must show proof of service animal registration, or other documentation acceptable to the city, to confirm exemptions from licensing fees and other requirements set forth in this policy.
(5) Final Decision. Any decision by the city council shall be final. (Ord. 23-001 § 1; Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.110 Dogs barking.
It shall be the duty of city police officers or animal control officers to respond to and investigate complaints of any dog which by frequent or habitual howling, yelping, or barking annoys or disturbs a neighborhood or the quiet and repose of a complainant, and shall have the authority to issue a citation if warranted. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.120 Large livestock running at large.
It shall be unlawful for the owner or custodian of any horse, livestock, or other animals generally regarded as farm or ranch animals to permit the same to run at large within the corporate limits of the city. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.130 Dangerous dogs.
(1) Dangerous Dogs Prohibited within City Limits. No one shall keep, possess or harbor a dangerous dog, as defined by KMC 6.02.020(13), as now enacted or hereafter amended, within the city. It shall be the duty of the animal control officer to impound such animal at the owner’s expense. Upon the discovery of a dangerous dog within the city limits, the city shall provide notice and copies of relevant codes via certified mail to the owner or custodian of the dog. The owner or custodian shall then have 10 calendar days from the date upon the original notice to remove the dog from the city. Failure to comply shall be unlawful and shall result in seizure and destruction of the dog. If impoundment cannot be made with safety to the animal control officer or other citizens, the animal may be destroyed without notice to the owner, keeper or possessor. Violation of this subsection shall constitute a misdemeanor as provided for in KMC 6.02.200.
(2) The animal control officer shall have the authority to declare an animal dangerous, based upon the severity of the bite or attack, in accordance with Chapter 16.08 RCW as now enacted or hereafter amended. If the animal has been previously declared potentially dangerous pursuant to Chapter 16.08 RCW, the animal control officer shall have the authority to declare the dog as dangerous and/or seize the dog immediately for any behavior that the officer deems as threatening in accordance with Chapter 16.08 RCW as now enacted or hereafter amended.
(3) Appeal Process for Dangerous Dog Declarations.
(a) Upon determination by the animal control officer that a dog is dangerous as defined by RCW 16.08.070 as now enacted or hereafter amended, the city shall provide notice of such determination and of the opportunity for appeal, as required by RCW 16.08.080 as now enacted or hereafter amended. If the owner requests an appeal and thereafter fails to attend or participate in such appeal, or notifies the city of such intent, the owner is deemed to have waived any such rights to appeal or challenge the determination.
(b) Following an appeal, the city will issue its final determination, in the form of a written order by certified mail, as provided in RCW 16.08.080 as now enacted or hereafter amended.
(c) Appeals of a dangerous dog determination shall be to the Kittitas city council. Any appeal must be filed within 20 calendar days of the date upon the dangerous dog determination notice. While the appeal is pending, and during any time at which the city has not yet made a final determination, the dog shall be confined at the animal shelter at the owner’s expense.
(4) If, after all administrative appeals have been waived or otherwise disposed of, 10 calendar days pass, the owner has not reclaimed the dog, any dangerous or vicious dog still contained in the animal shelter is deemed to have been abandoned and may be destroyed in accordance with KMC 6.02.090. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.140 Confinement of females in heat.
Any nonspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure, and such area of enclosure shall be so constructed that no other dog or dogs may gain access to the confined animal. The animal control officer shall order any nonspayed female that is in the stage of estrus (heat) and that is not properly confined or any such dog that is creating a neighborhood nuisance to be removed to a boarding kennel or to a veterinary hospital. All expenses incurred as a result of the confinement shall be paid by the owner. Failure to comply with the order of the animal control officer shall be a violation of this provision, and the animal shall then be impounded as prescribed in this chapter, subject to monetary penalties and charges as directed. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.150 Responsibility of owner or custodian.
(1) It shall be the responsibility of the owner or custodian of any animal within the corporate limits of the city to so control and care for their animal so as to prevent and keep that animal from being in violation of this chapter. In any proceeding to enforce the provisions of this chapter, it shall be conclusively presumed that the owner or custodian of any animal within the corporate limits of the city is aware of the animal’s whereabouts, condition, or method of being treated and/or maintained.
(2) The owner or custodian of any animal within the corporate limits of the city shall be responsible for any cost, charge, fee, or expense of any nature incurred by the city in capturing, controlling, caring for, or destroying any animal in violation of this chapter. Without limitation but by way of illustration, the following are examples of costs, charges, fees, and expenses which the owner or custodian shall be responsible to pay to the city: board charges, tranquilizer costs, euthanasia costs, and veterinary expenses. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.160 Interference with animal control officer.
It shall be unlawful for any person to interfere with, molest, hinder or obstruct an animal control officer or any city employee or official in the discharge of his official duties under this chapter. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.170 Fees.
Any dog/potbelly pig impounded under the provisions of this chapter shall not be released until the owner of such dog/potbelly pig shall have paid all fees and charges due. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.180 Records.
(1) It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all dogs coming into his/her custody and of all reports of animal bites reported to him/her.
(2) It shall be the duty of the city clerk or his/her designee to keep a record of the names of all persons to whom licenses are issued with the number of each license and whether for a male or female potbelly pig, whether the male potbelly pig has been neutered or the female potbelly pig has been spayed, male or female dog, whether the male dog has been neutered or the female dog spayed. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.190 Restraining potentially dangerous dogs.
Any dog declared as potentially dangerous shall be restrained by leash, or similar device, and shall be humanely muzzled, at all times when in public. When not in public, potentially dangerous dogs shall be confined to a proper enclosed area adequate to confine the animal and prevent contact with members of the public. The property shall be posted with “Beware of Dog” signs or other similar signs sufficient to warn members of the public that a potentially dangerous dog is on the premises. Potentially dangerous dogs shall not be leashed or otherwise tied or tethered to inanimate objects such as trees, posts, buildings, mailboxes, newspaper vending machines, and the like. It is unlawful for any person to own or keep more than one potentially dangerous dog within the city limits. (Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).
6.02.200 Penalty.
Failure to comply with any provisions of this chapter shall subject the violator to the following criminal and civil penalties:
(1) Criminal. Violations of KMC 6.02.130, Dangerous dogs, and 6.02.080, Vicious animals, shall constitute a misdemeanor punishable by imprisonment for a maximum term fixed by the court of not more than 90 days, or by a fine in the amount fixed by the court of not more than $1,000, or both such imprisonment and fine.
(2) Civil. Failure to comply with any other provisions of this chapter shall subject the violator to the following penalties as they are defined in Chapter 1.16 KMC:
|
Violation |
Penalty |
||
|---|---|---|---|
|
A. |
No license on dog (KMC 6.02.030) |
|
|
|
|
1. |
First offense |
C-18 |
|
|
2. |
Subsequent offense within 12 months, each |
C-14 |
|
B. |
Failure to renew license (KMC 6.02.040) |
C-12 |
|
|
C. |
Failure to confine biting animal (KMC 6.02.060) |
|
|
|
|
1. |
First offense |
C-7 |
|
|
2. |
Each subsequent offense |
C-4 |
|
D. |
Refusal or failure to produce rabid animal (KMC 6.02.060) |
C-1 |
|
|
E. |
Dog running at large (KMC 6.02.070) |
|
|
|
|
1. |
First offense |
C-18 |
|
|
2. |
Second offense |
C-12 |
|
|
3. |
Each subsequent offense |
C-7 |
|
|
4. |
Failure to control dog by leash or device |
C-17 |
|
F. |
Keeping vicious animal (KMC 6.02.080) |
|
|
|
|
1. |
First offense |
C-7 |
|
|
2. |
Each subsequent offense |
C-4 |
|
G. |
Dogs barking (KMC 6.02.110) |
|
|
|
|
1. |
First offense |
C-18 |
|
|
2. |
Second offense |
C-12 |
|
|
3. |
Each subsequent offense |
C-7 |
|
H. |
Livestock at large (KMC 6.02.120) |
|
|
|
|
1. |
First offense |
C-18 |
|
|
2. |
Each subsequent offense |
C-12 |
|
I. |
Keeping a dangerous dog (KMC 6.02.130) |
|
|
|
|
1. |
First offense |
C-7 |
|
|
2. |
Each subsequent offense |
C-4 |
|
J. |
Failure to contain female dog in estrus (heat) (KMC 6.02.140) |
|
|
|
|
1. |
First offense |
C-15 |
|
|
2. |
Each subsequent offense |
C-12 |
|
K. |
Obstructing animal control or police officer enforcing Chapter 6.02 KMC (KMC 6.02.160) |
C-4 |
|
|
L. |
Failure to provide evidence of rabies vaccination (KMC 6.02.060) |
C-17 |
|
|
M. |
Failure to restrain potentially dangerous dog as required (KMC 6.02.190) |
C-2 |
|
|
N. |
Keeping of more than two dogs without a variance |
C-4 |
|
|
O. |
Providing false information on dog license application |
C-4 |
|
(Ord. 18-006 § 1; Ord. 08-027 § 1; Ord. 05-783 § 1).