Chapter 6.06 ANIMALS AND ANIMAL CONTROL

(3) “Alter” means to permanently render an animal incapable of reproduction, whether or not surgically altered. The term shall also include the terms “spaying” and/or “neutering.”

(4) “Animal” means any mammal, bird, reptile or amphibian.

(5) “Animal control authority” means the city department appointed by the city manager to carry out, administer and enforce the provisions of this chapter.

(6) “Animal control officer” means an employee of the animal control authority authorized by said authority and employed for the purpose of enforcing the terms of this chapter.

(7) “Animal shelter authority” means a business or nonprofit which is appointed or contracted by the city manager to carry out the provisions of this chapter related to managing the business of the animal shelter and the provisions in this chapter related to impoundment, collection of fees, and housing animals, which appointment or contract shall be subject to approval by the city council.

(8) “Animal shelter” means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals, and which is owned, operated or maintained by the animal shelter authority.

(9) “Animal licensing authority” means the city department appointed by the city manager to carry out the duties of this chapter related to animal licensing and the issuance and management of registration certificates; or a nonprofit which is appointed or contracted by the city manager, which appointment or contract shall be subject to approval by the city council, to carry out the duties of this chapter related to animal licensing and the issuance and management of registration certificates.

(10) “At large” means an animal off or outside of the premises belonging to its owner or keeper and not in the company of and under control of its owner or keeper.

(11) “Dangerous animal” means any animal that is capable of seriously injuring or killing humans or any domestic animal, including but not limited to any poisonous animals, any poisonous snake or snake measuring in excess of eight feet in length, any carnivore weighing in excess of 20 pounds (excluding the common household cat or dog), crocodilians, sharks, moray eels, or piranha.

(12) “Dangerous dog” means any dog that:

(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 aggressively bites, attacks, or endangers the safety of humans or domestic animals.

(13) “Domestic animal” means an animal kept for amusement, companionship, or for household, farm and/or agricultural purposes.

(14) “Finder” means any person who comes upon a dog or cat off the premises of its owner and not in the company of and under the control of its owner/keeper or when such dog or cat has trespassed upon the property of the finder, and who has apprehended the dog or cat and held it pursuant to LMC 6.06.060.

(15) “Guard dog” or “attack dog” means any dog, not owned by a government agency, which has been trained and is used for the purpose of protecting persons or property by exhibiting hostile and aggressive propensities, or which will attack on signal or commands.

(16) “Harboring” means allowing any animal to remain, be lodged, fed, or sheltered on the property one owns, occupies or controls, for more than 72 hours.

(17) “License” means the ownership registration issued to the owner by the city or a business or nonprofit which is appointed or contracted by the city manager to carry out the provisions of this chapter, including the issuance of ownership registrations, which appointment or contract shall be subject to approval by the city council. The term may include “certificate,” “permit” or “license.”

(18) “Livestock” means horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jackasses, jennets, burros, goats, kids, llamas, and swine. Large fowl such as ostriches and emus are also considered to be livestock.

(19) “Owner” or “keeper” means any person, firm, association, partnership, political subdivision, government agency, public or private corporation or any other entity possessing, harboring, keeping, or having an interest in or right of possession of an animal, or having custody or possession of an animal. If the owner or keeper of the animal is a juvenile, a parent or other custodian of such juvenile shall, for the purpose of this title, be treated as the owner of the animal.

(20) “Pack” means a group of three or more dogs running upon land, either public or private, not that of their owner, when such dogs are not restrained or under the control of their owner.

(21) “Person” means any individual, firm, association, partnership, political subdivision, government agency, public or private corporation or any other human entity.

(22) “Potentially dangerous dog” means any dog that when unprovoked:

(a) Inflicts bites on a human or domestic animal either 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 any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

(23) “Poultry” means all domesticated fowl, except ostriches and emus, and all game birds which are legally held in captivity.

(24) “Proper enclosure” of a 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, a secure top, and shall be embedded in the ground in a manner to prevent the dog from escaping, and shall also provide protection from elements for the dog.

(25) “Property” means anything of value, whether tangible or intangible, real or personal; animals are personal property.

(26) “Responsible person” means a person of sufficient height and weight, or other means, to control the dog on a leash.

(27) “Service dog or animal” means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the service animal must be directly related to the individual’s disability.

(28) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

(29) “Stray” means any animal impounded or in the custody of the animal control authority or animal shelter, its employees or agents which may or may not have an identifiable owner. Animals running at large that are captured or impounded are strays and are either owner-known or owner-unknown strays.

(30) “Tag” means the identification tag issued in connection with the registration of an animal pursuant to this chapter.

(31) “Trespass” means entrance upon the property of another person by any animal without the authorization of the lawful occupant.

(32) “Under control” means under voice, signal or physical control so as to be restrained from approaching a bystander, from entering private property, or from causing damage to property. An animal is presumed not to have been under control if injury, damage or trespass has occurred.

(33) “Veterinary hospital” means any licensed establishment or premises operated or devoted to the medical treatment of domestic animals.

(34) “Vicious animal” means an animal which bites, claws or otherwise harms a human being or domesticated animal but does not include an animal that bites, attacks or menaces a person or another animal that has provoked, tormented or hurt it, while protecting the owner/keeper or owner’s/keeper’s property. (Ord. 3504 § 2, 2023; Ord. 3216 § 4, 2012; Ord. 3122 § 2, 2010; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.020 Public nuisance – Owner/keeper responsibilities.

It is a public nuisance for and unlawful for any person to permit any animals to:

(1) Bite, cause bodily harm or severe injury to a person or persons or to damage property;

(2) Chase or habitually or frequently run after, snap at or jump at or upon any pedestrian, any person on a bicycle, or vehicle on any public sidewalk or roadway;

(3) Trespass, roam upon, damage, destroy or deposit excrement or other solid waste upon any public property or property of persons or private parties other than the owner/keeper of the animal;

(4) Unreasonably annoy or disturb other persons residing in the neighborhood where the animal is kept by frequent or continuous howling, barking, braying, yelping or other oral noise;

(5) Be any dog running in a pack off the premises of the owner/keeper;

(6) Be a female dog in heat running at large, or any male dog in pursuit thereof;

(7) Roam, stray or be away from the premises of the owner or custodian, or to be in or on any public place or property unless such dog is controlled by the owner, custodian or other competent and authorized person by means of a leash; provided, that the leash requirement of this section shall not apply to areas of the city designated as off-leash areas or to dogs which are under control while engaged in the lawful herding of livestock, lawful competition sanctioned by a nationally recognized body or a local chapter thereof, or lawful training for such herding or competitive activities; and provided further, that the leash requirements of this section shall not apply to any dog while in the performance of duty as part of a law enforcement canine patrol;

(8) Be any other vicious or dangerous animal which runs at large at any time. (Ord. 3477 § 1, 2023; Ord. 3040 § 1, 2008; Ord. 2891 § 2, 2004; Ord. 2693 § 1, 1998; Ord. 2372 § 1, 1989).

6.06.025 Habitual violator.

(1) If, within any 12-month period, a person has received three notices of infraction and/or criminal citations for violations of this chapter, the animal control authority may serve a written abatement notice on the person or upon the owner/keeper of the animal that is the subject of the notices of infraction or criminal citations. No notice of infraction or criminal citation which a person has properly responded to and is actively pending, or that was decided on the merits adversely to the prosecuting authority, shall be included among the three notices of infraction or criminal citations. Service of the abatement notice may be accomplished by mailing the notice to the last known address of the person or owner/keeper of the animal by certified mail (postage prepaid), return receipt requested.

(2) The abatement notice shall, as a minimum:

(a) Identify the three notices of infraction or criminal charges;

(b) Identify the provision of this chapter that authorizes the abatement notice;

(c) Describe what the person receiving the abatement notice must do to comply with its terms and the deadline for doing so;

(d) State that the abatement notice may be appealed within 10 business days after time and date of service thereof, by both filing a notice of appeal with the Longview municipal court and serving a copy on the animal control authority.

(3) Unless an appeal is filed as provided in this section, the person receiving the abatement notice shall comply with the abatement notice within 10 business days from the time and date of service of such abatement notice by:

(a) Entering into a voluntary compliance agreement, as provided for in LMC 1.33.250, with the animal control authority. If there is a failure to meet the terms of the voluntary compliance agreement, then the agreement may be enforced, at the sole discretion of the city, as provided for in LMC 1.33.250 and/or all other remedies may be invoked as otherwise provided by the Longview Municipal Code or other applicable law; or

(b) Permanently transferring ownership, custody and control of the animal to another person not related to or residing with the person receiving the notice; or

(d) Humanely causing the euthanization of such animal.

(4) The person receiving the abatement notice shall, upon request of the animal control authority, provide the animal control authority with a written statement signed under the penalty of perjury, stating how the person has complied with such abatement notice. Such person shall provide such other information as the animal control authority reasonably needs to substantiate compliance with the notice.

(5) It is a misdemeanor, punishable by up to a $1,000 fine and/or 90 days in jail, for any person to fail to comply with an abatement notice issued under this section.

(6) An abatement notice issued under this section shall be final unless within 10 business days of the time and date of service of such notice the person receiving it both files a written notice of appeal with the Longview municipal court and serves a copy on the animal control authority. An appeal under this section shall be a civil action. The animal control authority shall have the burden of proof by a preponderance of evidence that the abatement notice was properly issued. During the time that any appeal hereunder is pending before the Longview municipal court, the abatement notice which is the subject of such appeal shall be deemed to be in abeyance. Upon affirmance of such notice of abatement by the Longview municipal court, compliance therewith shall occur within 48 successive hours; failure to do so shall constitute a misdemeanor, punishable by up to a $1,000 fine and/or 90 days in jail.

(7) In the event that the person receiving the abatement notice should fail to comply therewith, and in the further event that such person should not file a notice of appeal of such abatement notice as herein provided, or in the event that such person should fail to comply with such notice of abatement following affirmance thereof by the Longview municipal court, the animal which is the subject of such notice of abatement shall be deemed to be a public nuisance and it may be seized, impounded and disposed of as provided in this chapter; provided, however, that the owner/keeper of such animal shall not be entitled to redeem such animal after such seizure and impoundment. (Ord. 3040 § 1, 2008; Ord. 2891 § 1, 2004).

6.06.030 Dangerous or potentially dangerous dog.

It is unlawful for any person to have a dangerous dog or potentially dangerous dog, except in conformance with Chapter 16.08 RCW, and in conformance with this chapter. Violation of this section is a gross misdemeanor, punishable by up to a $5,000 fine and/or 365 days in jail. (Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.040 Public nuisance – Exceptions.

The provisions of this chapter relating to public nuisances do not apply if an animal:

(1) Bites or causes bodily harm to a person wrongfully assaulting the animal or the animal’s owner/keeper;

(2) Bites or menaces a person trespassing upon the premises occupied by the animal’s owner/keeper after being provoked by that person or while in the performance of its duty to protect public or private property;

(3) Is an animal trained for a special lawful purpose, including but not limited to hunting, herding, law enforcement, or exhibition, while in the performance of its duties, and under the control and command of its owner/keeper;

(4) No animal shall be exempt from the provisions of LMC 6.06.020(4). (Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.050 Cruelty to animals.

(1) The following actions are deemed to constitute neglect and/or willful cruel treatment to animals; therefore, it shall be unlawful for any person to:

(a) Injure, poison, torture or torment in a willful manner any animal;

(b) Cause or allow, either intentionally or negligently, any animal to endure pain, suffering or injury; or to fail or neglect to aid or attempt to alleviate pain, suffering or injury he had so caused to any animal;

(c) Neglect to provide adequate daily rations of food, water and/or shelter to any animal within his or her care, custody or control;

(d) Tether, confine or restrain any animal in such a way as to render the animal incapable of consuming food or water provided for it, or become entangled in such a way as to cause injury to the animal;

(e) Abandon any animal on public land or on the private property of another person;

(f) Confine an animal within or on a motor vehicle at any location when unattended and under conditions as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water, and confinement with a vicious animal;

(g) Knowingly place food of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domesticated animals or livestock;

(h) Teach or train a dog to fight other dogs, or permit a dog to engage in fights with other dogs.

(2) Any violation of this section shall be a misdemeanor, punishable by up to a $1,000 fine and/or 90 days in jail, except as follows:

(a) If as a result of being abandoned under subsection (1)(e) of this section, (i) the animal suffers bodily harm, or (ii) abandoning the animal creates an imminent and substantial risk that the animal will suffer substantial bodily harm, then the violation shall be a gross misdemeanor punishable by up to a $5,000 fine and/or 365 days in jail; or

(b) The crime and penalties for any person entering a dog in a dog fight shall be in accordance with RCW 16.08.100 and the case shall be referred to the Cowlitz County prosecutor for prosecution. (Ord. 3040 § 1, 2008; Ord. 3014 § 1, 2007; Ord. 2372 § 1, 1989).

6.06.060 Found dogs or cats.

(1) Any dog or cat that trespasses, the owner/keeper of which is unknown, may be apprehended and held by the owner of the property upon which the dog or cat has trespassed. Any person who retains a dog or cat shall report the find to the animal control authority within 24 hours. Such report shall include a description of the animal and such description shall be verified by the animal control authority within seven days of notification. Records of reported findings shall be retained by the animal control authority and be available for public inspection for one year following the date of notification by a finder.

(2) The finder may become owner of any dog or cat found and retained if the owner/keeper has not redeemed such dog or cat within 90 days following notification to the animal control authority. If the finder fails to comply with the notification requirements of this section, such finder shall forfeit all rights to retain the dog or cat, if such dog or cat is later claimed by the rightful owner/keeper. Prior to regaining possession of a found dog or cat, the owner/keeper of such dog or cat shall reimburse the finder, at the request of the finder, for costs incurred in the care of the dog or cat, provided the finder furnishes proof of such costs. An owner/keeper who fails to redeem a dog or cat from the finder within 90 days shall have no standing to make further claims on the finder.

(3) The city shall have no responsibility for the enforcement of the reimbursement provisions contained in this section. (Ord. 3504 § 3, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.070 Dog registration – Optional cat registration – Tags.

(1) All adult dogs harbored, kept or maintained in the city for more than a 14-day period in any calendar year shall be registered with the animal licensing authority and shall wear a current identification tag issued by the animal licensing authority, except as provided in LMC 6.06.110. The registration form shall include, but not be limited to, the following:

(a) Name, street address and telephone number of the owner, and mailing address if different from the location of the residence;

(b) Age, breed, color and markings, and name of the dog;

(d) Certificate and date of rabies immunization pursuant to LMC 6.06.105; and

(e) Date of registration.

(2) An identification tag shall include but may not be limited to the following information:

(a) Longview, Washington;

(b) Pet registration identification number.

(3) All registration certificates and identification tags issued to owners shall expire at midnight on December 31st of each year. Any dog owner/keeper within the city who fails to submit an application for renewing registration certificate on or before January 2nd each following year shall be in violation of this chapter, and the owner/keeper who registers the dog prior to being served with any notice from the animal licensing authority shall be required, in addition to the regular registration fee, to pay a late registration fee. An owner or keeper of a dog that is served with a notice of a violation of this section shall have committed a Class II civil infraction as set forth in Chapter 1.30 LMC; however, an owner or keeper served with a notice of violation of this section shall have two business days from the time a notice has been issued to get into compliance with this section and thereby avoid the penalties of the civil infraction.

(4) Cat Registration – Optional. Any person may register a cat pursuant to this section and registration certificates and tags may be issued for cats. Such registration shall be effective for a period of three years, or until the expiration of the rabies vaccination, whichever first occurs. (Ord. 3504 § 4, 2023; Ord. 3065 § 1, 2008; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.075 Procedure for the finding of a dangerous or potentially dangerous dog.

(1) Whenever the animal control authority acquires information which would lead a reasonable person to believe that an animal within the city limits is a dangerous dog or a potentially dangerous dog as defined by this chapter, the animal control authority shall have the authority to issue a dangerous dog declaration or a potentially dangerous dog declaration.

(2) The dangerous dog declaration or potentially dangerous dog declaration shall be either to the owner or to the keeper of the animal, and shall contain a short statement summarizing the information which the animal control authority has acquired leading it to believe that the animal is a dangerous dog or potentially dangerous dog.

(3) The dangerous dog declaration or potentially dangerous dog declaration shall be served upon the owner or the keeper of the animal by either personally delivering said declaration to the owner or the keeper of the animal, by delivering the declaration to the residence of the owner or the keeper of the animal, or by mailing (postage prepaid) the declaration to the last known address of said owner or keeper. Mailing shall be deemed complete on the third day after the day in which the declaration was placed in the U.S. mail.

(4) Upon receipt of the declaration, the owner or the keeper of the animal shall have 72 hours from the time of receipt of the declaration to file a written request for a hearing on the declaration with the Longview municipal court. The owner or the keeper of the animal shall serve a copy of the request with the animal control authority. In the event that no owner or keeper of the animal files such a request for hearing within the 72-hour period, the animal shall be deemed to be a dangerous dog or a potentially dangerous dog.

(5) In the event that the owner or the keeper of the animal files and serves upon the animal control authority a request for a hearing on the dangerous dog declaration or the potentially dangerous dog declaration, the Longview municipal court shall hold within a reasonable time from the date of filing a hearing to determine whether the animal is a dangerous dog or a potentially dangerous dog, as defined in this title. At the hearing, the animal control authority shall have the burden of establishing that the animal is a dangerous dog or a potentially dangerous dog by a preponderance of the evidence. (Ord. 3040 § 1, 2008; Ord. 2693 § 7, 1998).

6.06.080 Dangerous dogs and potentially dangerous dogs – Certificates of registration – Requirements – Fee.

(1) It is unlawful for an owner or keeper to have a dangerous dog or a potentially dangerous dog in the city without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work.

(2) The animal licensing authority shall issue a certificate of registration to the owner or keeper of such animal if the owner or keeper presents to the animal licensing authority sufficient evidence of:

(a) A proper enclosure to confine a dangerous dog and the posting of premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner or keeper shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;

(b) A surety bond issued by an insurer qualified under Chapter 48.28 RCW, in a form acceptable to the animal control authority, in the sum of at least $250,000, payable to any person injured by the dangerous dog; or

(c) 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 $250,000, insuring the owner or keeper for any personal injuries inflicted by the dangerous dog.

(3) The annual fee for registration of a dangerous dog or a potentially dangerous dog shall be determined by the city manager in the schedule of fees related to this chapter, which will be approved by the city council through resolution. Such registration fee for dangerous or potentially dangerous dogs shall be in addition to the registration and tag fees set forth in LMC 6.06.120. (Ord. 3504 § 5, 2023; Ord. 3040 § 1, 2008; Ord. 2693 § 2, 1998; Ord. 2372 § 1, 1989).

6.06.090 Dangerous dogs – Requirements for restraint, potentially dangerous dogs – Dogs not declared dangerous.

(1) It is unlawful for an owner or keeper of a dangerous dog or a potentially dangerous dog to permit the dog to be outside the proper enclosure if a dangerous dog, or off the premises of the owner or keeper if a potentially dangerous dog, unless the dog is muzzled and restrained by a substantial chain or leash not more than four feet in length, 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. The muzzling and leash on a dog is only intended for temporary purposes for such things as exercising the dog or transporting it to another place, and is not intended to replace the requirement of keeping a dangerous dog in a proper enclosure.

(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 willful trespass or other tort upon the premises occupied by the owner or keeper 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. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.100 Dangerous dogs – Confiscation – Conditions – Penalties of dogs which attack – Entry in dog fights.

(1) Any dangerous dog or potentially dangerous dog shall be immediately confiscated by the animal control authority if the:

(a) Dog is not validly registered under this chapter;

(b) Owner or keeper does not maintain the liability insurance coverage required under this chapter;

(d) Dog is found not in compliance with LMC 6.06.090.

In addition to the dog being confiscated, the owner and/or keeper shall be guilty of a gross misdemeanor, punishable by up to a $5,000 fine and/or 365 days in jail.

Any dangerous dog or potentially dangerous dog confiscated pursuant to this subsection shall be returned to the owner upon the owner’s compliance with LMC 6.06.080. However, if the owner of such dangerous dog or potentially dangerous dog does not comply with the requirements of LMC 6.06.080, within 72 hours following confiscation of said dangerous dog or potentially dangerous dog, said dog shall be destroyed in an expeditious and humane manner.

(2) If a dangerous dog or potentially dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog’s owner is guilty as provided for in RCW 16.08.100(2) and the case shall be referred to the Cowlitz County prosecuting attorney for prosecution. In addition, the dangerous dog or potentially dangerous dog shall be immediately confiscated by the animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

(3) The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether the dog has previously been declared potentially dangerous or dangerous, shall be guilty as provided for in RCW 16.08.100(3) and the case shall be referred to the Cowlitz County prosecuting attorney for prosecution. In addition, the dog shall be immediately confiscated by the animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (Ord. 3504 § 6, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.105 Rabies immunization required for dogs prior to registration.

All adult dogs shall be immunized against rabies and proof of immunization shall be provided prior to issuance of a registration certificate and identification tag; provided, if, for medical reasons, an adult dog is unable to receive a rabies vaccination, a signed statement of a doctor of veterinarian medicine to that effect shall be accepted in lieu of proof of such immunization. However, a registration certificate and identification tag can be sold by an animal control officer without proof of immunization against rabies, so long as the proof of immunization against rabies is provided to the animal licensing authority within three business days; if the proof of immunization against rabies is not provided to the animal licensing authority within three business days, then the registration certificate and identification tag shall become void and there will be no refund of any money paid to purchase such registration certificate and identification tag. (Ord. 3504 § 7, 2023; Ord. 3040 § 1, 2008; Ord. 2949 § 4, 2005).

6.06.110 Dog registration – Exceptions.

(1) No certificate and tag shall be required for a dog less than six months of age when satisfactory proof of age can be and is, on request, submitted to the animal licensing authority, and for any dog which is a part of an inventory of a pet shop.

(2) No owner, manager, or employee of a veterinary hospital shall be required to purchase a registration certificate for any dog treated or boarded in such establishments.

(3) No certificate and tag issued by the animal licensing authority shall be required for any adult dog licensed in another jurisdiction and displaying a current tag from that jurisdiction until expiration of the other certificate or license or one year from January 1st of the issuing year of the tag, whichever occurs first, at which time a certificate and tag shall be required in accordance with this chapter.

(4) No certificate and identification tag shall be required for a dog owned by a governmental agency for use in connection with law enforcement activities.

(5) It shall be the responsibility of the person claiming an exception under the provisions of this section to demonstrate the exception. (Ord. 3504 § 8, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.120 Dog and cat registration fees.

(1) Registration and tag fees shall be determined by the city manager in the schedule of fees related to this chapter, which will be approved by the city council through resolution.

(2) It is unlawful for any person to transfer a certificate to another person or for a tag to be worn by any dog or cat other than the one registered in accordance with this chapter.

(3) A reduction of 50 percent in the annual license fee may be allowed for one dog other than a dangerous dog or potentially dangerous dog or cat per household to those persons who shall be declared by the city manager to be hardship accounts by reason of indigency or senior citizens on a fixed or limited income. Persons seeking such reduction shall make written application to the finance department and may present oral evidence in addition thereto. Upon receipt of any such written application, it shall be forwarded to the city manager for investigation and no such reduction will be granted in the absence of a prior approval by the city manager or his duly authorized representative. (Ord. 3504 § 9, 2023; Ord. 3378 § 1, 2018; Ord. 3371 § 1, 2018; Ord. 3040 § 1, 2008; Ord. 2949 § 1, 2005; Ord. 2814 § 1, 2001; Ord. 2372 § 1, 1989).

6.06.130 Survey.

The animal control authority may make house to house inquiries within the city limits as to the number of dogs owned and whether any such dogs are unregistered. (Ord. 3040 § 1, 2008; Ord. 2578 § 1, 1994; Ord. 2372 § 1, 1989).

6.06.140 Impoundment – Seizure of dog – Alternate.

(1) Any unregistered dog, except those that are exempt from registration, and any dog which is a public nuisance under the terms of this chapter, will be subject to seizure and impound by the animal control authority and turned over to the animal shelter.

(2) Recognizing that it can cause substantial inconvenience, and in many instances, unnecessary expense, to the owner or keeper of a dog to be required to redeem the dog at the animal shelter, if the animal control authority cannot catch the dog running at large until the dog reaches the property of its owner or keeper, the animal control authority, in lieu of impounding such dog, may issue and leave with such owner, keeper or adult person at the residence of the owner or keeper a citation, directed to the owner or keeper of the dog.

(3) If the owner or keeper of the dog is a juvenile, a parent or other custodian of such juvenile shall, for the purpose of this section, be treated as the owner of the dog involved. (Ord. 3504 § 10, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.150 Impoundment – Notice.

If the name of the owner or keeper of the impounded dog can be ascertained by the animal shelter authority through a license tag of any such dog, the animal shelter authority shall notify the owner or keeper as soon as possible by telephone and by certified mail (return receipt requested and postage prepaid) or personal service of written notice that such dog will be offered for sale at the end of 72 hours from the time such telephone notice was given unless the dog is redeemed prior to such time in the manner hereinafter provided. No such notice need be given if the dog has no license tag. The animal shelter authority shall keep a written record of all such telephone notices showing the time each such notice was given and the name of the person to whom the same was given. (Ord. 3504 § 11, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.160 Impoundment – Period of custody.

Any impounded dog shall be kept in custody not less than 72 hours, and if the owner or keeper of any dog so impounded shall not redeem such dog by paying the charges hereinafter provided, then it shall be the duty of the animal shelter authority at the expiration of said time to offer such dog for sale in consideration of the payment of such redemption charges, except as provided in LMC 6.06.180; provided, however, that any impounded dog which is suffering from serious injury or disease, as determined by the animal shelter authority, may be humanely destroyed before expiration of said 72 hours, or, in the discretion of the animal shelter authority and subject to the agreement of the owner or keeper of such dog, held for a longer period of time, and medically treated, and redeemed by its owner or keeper upon payment of reasonable medical, impound and holding costs, and other chargeable fees. (Ord. 3504 § 12, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.170 Impoundment – Exemption from payment of license fee.

If any impounded dog is sold and is not to be kept in the city, the purchaser of such dog shall not be required to pay the registration fee required by LMC 6.06.120 hereof. (Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.180 Impoundment – Sale of dog.

If no purchaser of an impounded dog can be found who will pay the redemption charges herein provided, the animal shelter authority may sell the dog for any reasonable amount. (Ord. 3504 § 13, 2023; Ord. 3083 § 1, 2009; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.190 Impoundment – Disposition of dog.

In case of failure to obtain a purchaser for an impounded dog, it shall be the duty of the animal shelter authority to destroy or otherwise dispose of the dog by humane methods. (Ord. 3504 § 14, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.200 Redemption before sale.

The owner or keeper of any dog impounded may redeem the same within 72 hours by paying to the animal shelter authority the following redemption charges:

(1) The registration fee hereinabove provided, unless such dog then has a valid current registration issued by the animal control authority; and

(2) An impounding fee; and

(3) A service charge; provided, the owner, keeper or purchaser of any dangerous or potentially dangerous dog, as defined in this chapter, shall not be permitted to keep such dog within the city after redemption or purchase or sell or give such dog to anyone who shall thereafter keep such dog within the city. If any such dangerous or potentially dangerous dog is again impounded, the animal shelter authority shall destroy such dog by humane methods.

(4) The impounding fee and service charge amounts shall be determined by the city manager in the schedule of fees related to this chapter, which will be approved by the city council through resolution. (Ord. 3504 § 15, 2023; Ord. 3040 § 1, 2008; Ord. 2949 § 2, 2005; Ord. 2814 § 2, 2001; Ord. 2372 § 1, 1989).

6.06.210 Rabies or dangerous dog – Observation – Fees.

(1) Any animal for which the animal control authority possesses information which would lead a reasonable person to conclude that such animal has bitten or scratched any person so as to break the skin of such person and leave a mark of injury visible to the animal control authority shall be immediately impounded for a period of at least 10 days, at the expense of the owner or keeper of such dog, and kept in quarantine, securely confined and away from any other animal. Said animal shall be kept in quarantine at the animal shelter, or at the owner/keeper’s request with a licensed veterinarian, or, at the discretion of the animal shelter authority and with a written statement from a licensed veterinarian certifying that said animal has been vaccinated for rabies and that said vaccination was sufficiently recent so as to then be effective against rabies, on the premises of the owner or keeper. The purpose of such impoundment and quarantine shall be to determine whether or not such animal has rabies or, in the case of a dog, whether the animal has rabies or is a dangerous or potentially dangerous dog.

(2) The owner or keeper of any such animal, if known to the animal shelter authority, shall be notified by the animal shelter authority by certified mail (postage prepaid), with return receipt requested, of the impounding of such animal and that the owner or keeper is liable to the animal shelter authority for the costs of impoundment as set forth in LMC 6.06.200, together with a daily fee that shall be determined by the city manager in the schedule of fees related to this chapter, which will be approved by the city council through resolution.

(3) If, after seizing such dog, such dog is immediately placed in the care of a licensed veterinarian, the owner or keeper shall be liable to the animal shelter authority for the pick-up charge only; otherwise, the owner or keeper shall pay such pick-up charge plus a fee per day for each day, or fraction thereof in excess of three hours after the time the dog was impounded, until such dog is transferred to a licensed veterinarian at the owner’s/keeper’s request. This fee shall be determined by the city manager in the schedule of fees related to this chapter, which will be approved by the city council through resolution.

(4) Except as provided in LMC 6.06.240, if, after such animal is seized, the owner or keeper thereof delivers to the animal shelter authority a written statement from a licensed veterinarian certifying that said animal has been vaccinated for rabies, and that said vaccination was sufficiently recent so as to then be effective against rabies, said animal shall be placed in the care of its owner or keeper, who shall cause said animal to be impounded at the residence of such owner or keeper for the period of time set forth in subsection (1) of this section; provided, however, that the owner or keeper of such animal, before receiving delivery of said animal, shall pay to the animal shelter authority the pick-up charge, plus a separate charge per day for each day or fraction thereof in excess of three hours after the time the animal was impounded until delivery of such animal to the owner or keeper thereof. All fees related to this chapter shall be determined by the city manager in the schedule of fees related to this chapter, which will be approved by the city council through resolution. In the event the animal is found at large during the remainder of the aforesaid 10-day period, said animal shall be impounded in the animal shelter by the animal control authority for the remainder of the aforesaid 10-day period, at the expense of the owner or keeper of such animal. (Ord. 3504 § 16, 2023; Ord. 3040 § 1, 2008; Ord. 2814 § 3, 2001; Ord. 2693 § 3, 1998; Ord. 2372 § 1, 1989).

6.06.220 Rabies – Unknown owner or keeper – Disposition of animal.

If the owner or keeper of such animal is unknown, or unascertainable after reasonable inquiry by the animal shelter authority, and if such animal, at the end of such 10-day interval, is found not to have rabies or to be a dangerous or potentially dangerous dog, then such animal may be sold or otherwise disposed of by the animal shelter authority in the manner provided in LMC 6.06.180. (Ord. 3504 § 17, 2023; Ord. 3040 § 1, 2008; Ord. 2693 § 4, 1998; Ord. 2372 § 1, 1989).

6.06.230 Rabies – Disposition of infected animal.

If such animal is found to have rabies, the animal shall be disposed of in accordance with the requirements of the state of Washington as set forth in the Washington Administrative Code. (Ord. 3040 § 1, 2008; Ord. 2693 § 5, 1998; Ord. 2372 § 1, 1989).

6.06.240 Rabies – Uninfected but dangerous or potentially dangerous dog – Registration.

If an animal does not have rabies but has been deemed to be a dangerous or a potentially dangerous dog by the animal control authority during such period of observation, then said dog shall be registered in accordance with the terms of this chapter prior to its release to the owner or the keeper of the animal. In the event that the animal control authority has served upon the owner or keeper of the animal a declaration of dangerous dog or a declaration of potentially dangerous dog and the owner or the keeper of the animal seeks to contest the finding of the animal control authority that an animal is a dangerous or potentially dangerous dog, the animal control authority may hold the animal in custody at the animal shelter pending a court hearing on the finding of a dangerous or potentially dangerous dog. (Ord. 3504 § 18, 2023; Ord. 3040 § 1, 2008; Ord. 2693 § 6, 1998; Ord. 2372 § 1, 1989).

6.06.250 Records of animal shelter authority.

It shall be the duty of the animal shelter authority to keep a complete record of all acts performed pursuant to this chapter, including all moneys collected and the names and addresses of the persons from whom all moneys are collected, and it shall be the further duty of the animal shelter authority to keep a record of the color and breed (if the breed can be determined) of all dogs impounded. (Ord. 3504 § 19, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.260 Obstructing animal control authority in performance of duties.

It shall be a misdemeanor for any person to attempt to prevent or hinder the animal control authority or any officer thereof from carrying out the provisions of this chapter. (Ord. 3216 § 1, 2012; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.270 Accounting of fees collected.

All license fees, impounding fees and any other money collected under this chapter by the animal control authority shall be turned over to the city treasurer, not less often than monthly, or retained by the animal control authority in accordance with a contract between the city and such animal control authority. (Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.280 Deferral of redemption charges.

If it appears to the satisfaction of the animal shelter authority that the owner or keeper of any dog other than a dangerous dog or potentially dangerous dog impounded is unable to pay the redemption charges required by this chapter, the animal shelter authority may nevertheless release the dog to its owner or keeper when the animal shelter authority receives notice from the finance officer of the city that the owner or keeper has signed a promissory note, in a form to be prepared by the finance officer with the assistance of the city attorney, wherein such owner or keeper shall agree to pay such redemption charges in full within 30 days from the date of the execution of such promissory note. Such promissory note shall provide for interest and attorney’s fees in the event payment is not made within the time required by the terms thereof. (Ord. 3504 § 20, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.290 Female dogs in heat.

It is unlawful for any person as owner or keeper to permit or suffer any female dog to be outside of an enclosed building or suitable enclosure, unless on a leash held by the owner or keeper, at any time during such dog’s mating period. If any female dog is found off the owner’s or keeper’s premises during such period, such female dog shall be impounded and for such offense under this section the owner or keeper shall pay the redemption charges specified in LMC 6.06.200. For purposes of this section only, the term “suitable enclosure” means a structure or fence closed on all sides and of sufficient height, strength and density to prevent dogs from entering or exiting except through openings designed for the purpose of entry or exit. (Ord. 3504 § 21, 2023; Ord. 3040 § 1, 2008; Ord. 2949 § 3, 2005; Ord. 2372 § 1, 1989).

6.06.300 Foul or annoying animal quarters.

The keeping, using or maintaining of any pen, stable, lot, place or premises in which any animals, livestock or fowl may be confined or kept in such a manner as to be unreasonably nauseous, foul or offensive is a public nuisance. (Ord. 3122 § 2, 2010; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.310 Running at large – Permitting unlawful.

It is unlawful for any person to suffer or permit any of the animals mentioned in LMC 6.06.300 to run at large within the city. (Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.320 Running at large – Nuisance – Impoundment.

(1) Any animal described in LMC 6.06.300, found running at large, is an estray and a public nuisance, and it shall be the duty of the animal control authority to seize and impound the same in the animal shelter.

(2) If the owner or any person lawfully entitled to the possession of the same shall not take possession thereof and pay the charges specified in this chapter against any such animal within 24 hours after the same has been impounded, the animal shelter authority shall give written notice to the owner, or person entitled to possession thereof, that unless the charges are paid and possession taken within 72 hours every such animal will be sold as provided in this chapter. (Ord. 3504 § 22, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.330 Running at large – Disposition when unredeemed – Procedure.

If the owner or person entitled to possession of any estray described in LMC 6.06.320 shall not appear and make out his title thereto and pay the charges against the same within the 72-hour period, the animal shelter authority may sell or humanely destroy such estray. (Ord. 3504 § 23, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.340 Running at large – Disposition of proceeds of sale.

In the event of any sale of an animal pursuant to LMC 6.06.330, the proceeds thereof shall be accounted for and retained by the animal shelter authority. (Ord. 3504 § 24, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.350 Fees for impounding estrays.

(1) The animal shelter authority shall charge for impounding any animal referred to in LMC 6.06.310. Those fees shall be determined by the city manager in the schedule of fees related to this chapter, which will be approved by the city council through resolution in addition to the boarding fee.

(2) All fees and charges so collected by the animal shelter authority shall be accounted for on an annual basis. (Ord. 3504 § 25, 2023; Ord. 3371 § 2, 2018; Ord. 3040 § 1, 2008; Ord. 2814 § 4, 2001; Ord. 2372 § 1, 1989).

6.06.360 Animals and fowl prohibited in certain areas – Exceptions.

It is unlawful to keep, stable, feed, pasture or otherwise maintain any cow, horse, mule, goat, swine, chicken, duck, goose or other fowl or pigeon under any condition within the city except within the area now or hereafter zoned R-1 residential district and traditional neighborhood residential (TNR) under LMC Title 19, with the following exceptions:

(1) Any such animals or fowl may be transported through other areas of the city in one continuous trip;

(2) Any horse may be worked or used temporarily in other areas of the city;

(3) Any merchant having a city business license and maintaining a regularly established business within the building for such purpose may keep fowl for sale in such place of business; and

(4) Ducks, geese or other fowl may be kept within any area duly designated as a game preserve by the city or other public utility having jurisdiction in the matter. (Ord. 3122 § 2, 2010; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.370 Keeping horses and cows – Fence requirements.

(1) In those areas within the city limits where it is permissible to keep horses and cows, they shall be kept only within buildings or within areas enclosed by a lawful fence.

(2) For the purposes of this section, the following shall be considered lawful fences:

(a) Post and rail or plank fence, five feet high, made of sound posts five inches in diameter set substantially in the ground, not more than 10 feet apart, with four planks not less than one inch thick and six inches wide, securely fastened by nails or otherwise, said planks not more than nine inches apart;

(b) Post and rail fences with posts not more than 10 feet apart and rails not less than four inches wide (five of them), made in all other respects the same as the first hereinabove described;

(c) Worm fences made in the usual way of sound and substantial rails or poles five feet high including riders with stakes firmly set in the ground and spaces no greater than in post or plank or rail fences, except the two lower spaces which shall not be more than four inches and the top spaces between riders not to be more than 16 inches;

(d) Ditch and pole or boards or rail fence shall be made of a ditch not less than four feet wide on top and three feet deep, embankment thrown up on the inside of the ditch with substantial posts set in the embankment not more than 10 feet apart, and plank, pole or rails securely fastened to said post at least seven feet high from the bottom of the ditch.

(3) All other fences as strong and as well calculated to protect the enclosures as either of those described in subsection (2) of this section shall be lawful fences. (Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.380 Keeping goats, sheep or swine – Fence requirement.

(1) In those areas within the city limits wherein it is permissible to keep goats, sheep or swine, they shall be kept either within buildings or within areas enclosed by a tight fence not less than 36 inches high and with no openings wider than two inches, if made of wood or other like material, and with openings no larger than two inches square if made of wire or like material.

(2) Such fences shall be flush with the ground and shall be attached to poles or stakes no further apart than 10 feet and of sufficient size and strength to resist pressure from the animals within said enclosed area. (Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.390 Fee payment not exclusive remedy.

The payment of any of the fees provided in this chapter for the redemption of estrays from the animal shelter authority shall not relieve any person from prosecution and punishment under other provisions of this chapter. (Ord. 3504 § 26, 2023; Ord. 3040 § 1, 2008; Ord. 2372 § 1, 1989).

6.06.400 Exotic animals.

(1) Except as expressly provided for in this section, it shall be a misdemeanor for any person to possess, harbor, breed, import, export, barter, buy, sell or attempt to buy or sell any of the following animals in the city:

(a) All nonhuman primates;

(b) All wild cats of the family Felidae and their hybrids, except for the domestic cat Felis catus;

(d) All wild carnivores of the family Canidae and their hybrids, except for the domestic dog Canis familiaris;

(e) Venomous reptiles and amphibians;

(f) All reticulated pythons, Burmese pythons and snakes which may reach 10 feet or more in length; and

(g) All members of alligator (Alligator), crocodile (Crocodylus) and caiman (Crocodylus) families.

(2) Any person who possesses any of the animals listed in subsection (1) of this section shall, within 48 hours from the time of initial possession of such animal, obtain a license from the animal licensing authority allowing such person to possess or harbor such an animal. The cost of the license shall be per animal and the amount will be determined by the city manager in the schedule of fees related to this chapter, which will be approved by the city council through resolution. Any application for such a license shall contain a photograph of the animal, a precise description of the animal including the scientific name of the species to which it belongs, and a description of the exact location of where the animal is to be kept and how the animal will be caged and otherwise confined. Such a license shall be granted only if the applicant demonstrates to the animal control authority that adequate safeguards have been instituted and will be maintained which will effectively control the dangerous or vicious propensities of such animal and provide that the harboring or maintaining of such animal shall in no way constitute a nuisance to the occupants of the surrounding area. The quarters where the animal will be contained are subject to inspection and approval by the animal control authority. Such a license shall be valid for one year, and shall expire on December 31st of each year.

(3) The animal licensing authority may revoke, suspend or refuse to renew any license issued under subsection (2) of this section if it reasonably finds that adequate safeguards are no longer in place or no longer being maintained which effectively control the dangerous or vicious propensities of an exotic animal described in this section and provide that the harboring or maintaining of such animal shall in no way constitute a nuisance to the occupants of the surrounding area.

(4) If a person fails to comply with the requirements set forth in subsection (2) of this section or if a person’s exotic animal license is revoked pursuant to subsection (3) of this section, then an official of the animal control authority may seize and impound the animal(s) for seven calendar days for the person or persons to comply with the requirements of this section. If the person fails to comply with the requirements of this section within this time period, then the animal shelter authority has the authority to (a) sell the animal(s) for any reasonable price; or (b) donate the animal to a zoo, public institution or similar facility; or (c) euthanize the animal(s) in a humane manner. Any person that has an animal seized or impounded pursuant to this subsection shall have the right to appeal such seizure to the animal control authority. The appeal must be made in writing and submitted to the animal control authority within seven calendar days of the seizure of the animal(s). A hearing on the appeal will be scheduled within a reasonable time of its receipt by the animal control authority and will be heard by the director of the animal control authority.

(5) If any exotic animal escapes, the person who harbors or maintains the exotic animal shall immediately contact the police department and the animal control authority to report the escape. The person who harbors or maintains the exotic animal shall be liable for all expenses associated with efforts to recapture the exotic animal.

(6) The provisions of this section shall not apply to any facility possessing or maintaining exotic animals which is owned, operated or maintained by any governmental or public agency, including but not limited to public zoos, nor shall it apply to museums, laboratories and research facilities maintained by scientific or educational institutions, nor to commercial activities including, but not limited to, circuses, fairs or private zoological parks which are otherwise regulated by law. (Ord. 3504 § 27, 2023; Ord. 3216 § 2, 2012; Ord. 3040 § 1, 2008; Ord. 2693 § 8, 1998).

6.06.420 Entry upon property.

Whenever it is necessary to enter upon private property or the public property of another governmental agency to enforce the provisions of this chapter, an official from the animal control division of the Longview police department may apply to the courts for a search warrant authorizing entry onto such property if legally required permission has been refused or cannot be readily ascertained.

Whenever a violation of this chapter reasonably appears to constitute an imminent or immediate danger to the health or safety of the public or if an animal is in an immediate life threatening condition, the Longview police department shall have the authority to enter the property to abate the immediate danger to the public or immediate life threatening condition of the animal. (Ord. 3504 § 28, 2023; Ord. 3216 § 3, 2012).