Chapter 5.04 Animal Control

C. "Animal control officer" means any individual employed, contracted with or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other state law or ordinance relating to the licensure of animals, control of animals or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

D. "At large" means to be off the premises of the owner and not under the control of the owner or of any authorized person, whether by leash or otherwise; but a dog within an automobile or other vehicle of its owner shall be deemed to be upon the owner's premises.

E. "Barking dog" means any dog which is either in the habit of howling, yelping or barking so as to distrub the peace and quiet of any person within the city or makes such noise, whether by howling, barking, yelping or otherwise, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or occupiers of real property within the city.

F. "Dangerous dog" means any dog that according to the records of the appropriate authority:

1. Has inflicted severe injury on a human being without provocation on public or private property;

2. Has killed a domestic animal without provocation while off the owner's property; or

3. 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.

G. "Dog" includes both male and female, natural or sterilized.

H. "Domestic animal" means those animals which are considered tame by reason of having lived with humans over many generations, and shall not include wild animals which have been tamed in a particular instance.

I. "Harboring" means the occupant of any premises on which any animal, including but not limited to dogs, remains or to which it customarily returns daily for food and care for a period of five days is presumed to be harboring or keeping the dog within the meaning of this chapter.

J. "Leash" includes a cord, thong or chain not more than ten feet in length by which a dog is controlled by the person accompanying it.

K. "Owner" means any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in or having control or custody of an animal.

L. "Potentially dangerous dog" means any dog that when unprovoked:

1. Inflicts bites on a human or a domestic animal, either on public or private property; or

2. Chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; or

3. 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.

M. "Predatory animal" includes any animal, including but not limited to dogs, of either sex, whose actions or habits customarily defiles, despoils or damages property of others.

N. "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 or their being able to place any portion of their anatomy so as to expose it to risk of attack by the dog and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

O. "Public emergency" includes any situation resulting from conditions of war, insurrection, contagious diseases or other circumstances which, in the opinion of the chief of police or other police officers, warrants the restraint and confinement of dogs within the premises of the owner or keeper.

P. "Restraint" means as follows: a dog shall be deemed to be under restraint if it is confined within the property limits of its owner or keeper by a suitable fence or securely restrained within the premises by a leash affixed to a post or other securely fixed object.

Q. "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

R. "Spayed female animal" includes a female dog which has been sterilized by a licensed veterinarian to avoid or prevent conception. Proof of such sterilization may be required by the city clerk-controller in the form of a certificate of a licensed veterinarian.

S. "Stray animal" means any animal found at large without any apparent owner or home.

T. "Veterinary hospital" includes any establishment maintained and operated by a licensed veterinarian for the diagnosis, treatment and care of diseased or injured dogs and for their care and training. (Ord. 1260 §1, 1988).

5.04.020 License required.

No person shall, without first obtaining a license therefor in writing from the city clerk-controller, own, keep, harbor or have custody of a dog, except unweaned pups. (Ord. 1260 §2, 1988).

5.04.030 License fee.

Upon application, a license shall be issued following payment of the applicable fee, as follows:

(1) For each neutered domestic canine--ten dollars.

(2) For each unneutered domestic canine--ten dollars.

(3) Lifetime license--fifty dollars per animal. Lifetime licenses shall be valid for the life of the animal. (Ord. 1648 §1, 2022; Ord. 1260 §3, 1988).

5.04.040 License period.

A license, if not revoked, shall be valid for one year from the first day of January through the last day of December of each year. (Ord. 1260 §4, 1988).

5.04.050 License revocation.

The city council or the city clerk-controller may revoke any license if the person holding the permit refuses or fails to comply with this chapter or any state or local law governing cruelty to animals or the keeping of animals. Any person whose license is revoked shall, within ten days thereafter, humanely dispose of all dogs being owned, kept or harbored by such person and no part of the license fee shall be refunded. (Ord. 1260 §5, 1988).

5.04.060 Tag--Recordkeeping.

Upon issuing a license to keep any dog, the city clerk-controller shall issue to the owner a metallic or durable tag stamped with an identifying number and with the year of issuance and so designed that it may be conveniently fastened to a dog collar or harness. Such tag shall be fastened to the dog's collar or harness by the owner and shall be worn at all times when the dog is off the premises of its owner. The city clerk-controller shall maintain a record of the identifying numbers and shall make this record available to the public. (Ord. 1260 §6, 1988).

5.04.070 Dog at large--Action by city.

If a dog is found at large and its owner can be identified and located, such animal may be taken to the owner. In any such event, the chief of police or other authorized person shall notify the owner and the city clerk-controller of the violation of this chapter and may proceed against the owner for violation of this chapter. In the event any dog found at large is a stray for whom no owner can be found, the chief of police or other authorized person shall be authorized and directed to destroy such dog in a humane manner and to make proper disposition of its body as provided in this chapter. (Ord. 1260 §7, 1988).

5.04.080 (Repealed).

(Ord. 1569 §1(part), 2013).

5.04.090 Nuisances.

It is unlawful for any owner to fail to exercise proper care and control of his dogs to prevent them from becoming a public nuisance. The following shall constitute examples which, if committed, would constitute the animal as a nuisance:

A. Barking as that term is defined in Section 5.04.010;

B. Molesting passersby;

C. Chasing vehicles of all types, including but not limited to motorized vehicles and bicycles;

D. Habitually attacking other domestic animals;

E. Trespassing upon school grounds;

F. Trespassing upon private property in such manner as to damage property. (Ord. 1260 §9, 1988).

5.04.100 Impoundment.

A. Animals found to be in violation of this chapter shall be subject to being impounded by the police department of the city or by such other persons or agencies as may be employed or designated by the city for that purpose.

B. Impounded animals shall be held at such place or places as the chief of police directs.

C. The mayor and the city clerk-controller are authorized to enter into written agreements with any person or firm suitably equipped to handle the impoundment, care, and destruction of animals. Such agreement shall provide that impounded animals be held in accordance with the terms of this chapter and shall establish the rates to be charged for such services.

D. Subject to the limitations stated, the owner of an impounded animal may redeem the animal within three calendar days, excluding weekends and municipal holidays next following the day of impoundment, or thereafter if the animal has not been destroyed or redeemed by another, by payment of all charges incurred for such animal at the place of impoundment, as such charges are established by the agreement of the impounding agency. In addition to such charges, the owner shall pay a release charge as may be established. Such release charge shall be paid at the office of the city clerk-controller during regular office hours or may be paid to the chief of police or his designee outside of the office hours of the city clerk-controller. The person receiving such release charge shall give a signed, written receipt therefor. The payment of the charges here established shall not be deemed an election of remedies by the city in relation to the issuance of a citation by the city charging a violation of this code. No dog shall be released from impoundment unless it first has a valid identification tag attached to it; provided, that if the animal is owned by a nonresident, then that nonresident shall not be required to buy a city animal license.

E. Subject to the limitations stated within this chapter and subject to the exclusive right of an owner to redeem as provided in subsection D of this section, any person may redeem an animal by payment of all charges incurred after the animal has been held more than three calendar days next following the day of impoundment. The impounding agency is authorized to destroy or otherwise dispose of any animal after it has been held for more than three days.

F. When an animal has been impounded, so long as the animal has attached to it licenses or other identification making it reasonably possible, the impounding officer shall, as soon as possible, make a reasonable effort to locate and notify the owner of the animal.

G. If determined appropriate by the officer or official impounding the animal, no animal impounded under this chapter shall be released or redeemed except under conditions meeting the approval of the proper health officials.

H. No animal impounded under this chapter shall be released or redeemed unless provisions satisfactory to the city chief of police or his designee have been made to assure that the keeping of the animal will no longer violate this chapter.

I. Notwithstanding the above provisions, no animal impounded under this chapter as a dangerous dog or potentially dangerous dog shall be released or redeemed without a hearing first being held before the municipal court judge, after reasonable notice to the owner and any other party deemed to be concerned by the chief of police, and an order of the judge directing the release or redemption of the animal. In the event that, pursuant to the provisions of subsection F of this section, it has not come to the city's attention as to any party who is either the owner or an interested party in terms of an ownership interest in the animal, then such notice requirement shall be deemed waived. Further, notice shall be deemed reasonable if given twenty-four hours prior to the date and time of the hearing. If after such hearing the judge determines that the animal has or exhibits vicious or dangerous propensities and would, if released, constitute any threat to the welfare of the residents of the city, the judge is authorized to direct the governmental agency having jurisdiction over the animal to destroy or otherwise satisfactorily dispose of the animal. (Ord. 1290 §1, 1989: Ord. 1260 §10, 1988).

5.04.110 Leash required when.

It is unlawful for any person to cause, permit or allow any dog owned, harbored, controlled or kept by him, in the city, to roam, run or stray away from the premises where the same is owned, harbored, controlled or kept, except that while away from said premises such-dog shall at all times be controlled by means of a leash or chain not exceeding ten feet in length by the owner or some duly authorized and competent person; provided, however, that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. (Ord. 1260 §11, 1988).

5.04.120 Licensor tag--To be attached to collar.

No dog shall be harbored within the city unless the required license shall have been paid and unless such dog shall have a collar of leather or metal properly secured about its neck, with the number of the license stamped or engraved thereon, or upon a metal tag attached thereto. (Ord. 1260 §12, 1988).

5.04.130 Prosecution of violations.

In the prosecution of alleged violations of the provisions of Section 5.04.020, the following provisions shall apply:

A. The appearance of the named defendant shall be mandatory and no forfeitures shall be allowed without court appearance.

B. Upon a finding of a first violation of this chapter in any one calendar year, an infraction penalty of up to two hundred fifty dollars, but in no event less than fifty dollars, plus the costs actually incurred by the city in the care, maintenance and in appropriate circumstances, disposal of the animal; provided, that none of the said costs of care, maintenance and disposal, nor the first fifty dollars of the infraction penalty are subject to suspension.

C. In the event that a person is charged with a second violation of this chapter within any twelve-month period and either a prior alleged violation is still pending or the person has been found to have committed that prior infraction, then this second charge shall be deemed a misdemeanor. Any person convicted of a violation of this section shall be punished as provided by Section 1.08.010, as now existing or hereafter amended or supplanted; provided, that in the event of a conviction, the fine imposed shall be no less than one hundred fifty dollars and the individual shall additionally be required to reimburse the city for the cost of care, maintenance and disposal, in the appropriate circumstances, of the animal in question; none of said one hundred fifty dollars or costs to be subject to suspension or deferral.

D. In addition to such fines or penalties as may be imposed pursuant to this section upon the finding of a violation of this chapter or a conviction of a violation of this chapter, the court may impose such restitution for such losses as it finds appropriate that have arisen out of the incident, including but not limited to medical costs incurred for treatment. (Ord. 1260 §13, 1988).

5.04.140 Unlawful acts.

It is unlawful for any person:

A. To place a collar and number on any dog with intent to avoid payment of dog license or to remove or tamper with the identification tag of any dog, except the temporary removal by the owner or agent of the owner for purposes of care and maintenance of the dog;

B. To prevent, obstruct or interfere, or attempt to prevent, obstruct or interfere with any officer who is enforcing or attempting to enforce any provisions of this chapter;

C. To abandon any animal within the city;

D. To allow any quarantined animal to be outside or free of the confinement ordered by a health officer or other official having lawful authority to make such orders;

E. To place any poisonous substance upon any public or private property with the intent to kill or cause serious injury to any domestic animal;

F. Any person convicted of a violation of this section shall be punished as provided by Section 1.08.010, as now existing or hereafter amended or supplanted. (Ord. 1260 §14, 1988).

5.04.150 Pickup--Fees--Disposition of animal.

A. Any person whose dog has been picked up for being at large within the city limits shall be assessed the sum of ten dollars, as a pickup fee for the first offense in any twelve-month period and shall be assessed the sum of thirty-five dollars as a pickup fee for the second offense in any twelve-month period, and shall be assessed a pickup fee of fifty dollars for the third offense in any twelve-month period, and shall be assessed a pickup fee of one hundred dollars for the fourth and subsequent offenses in any twelve-month period.

B. Animals which may from time-to-time be impounded by the officers and officials of the city shall be transported to and held in such facility as may from time to time be designated by the mayor or council.

C. In the event that the owner refuses and/or fails to reclaim the animal from a designated holding facility within three business days following pickup, the said animal shall be subject to such disposition as the responsible individual at the designated holding facility deems most appropriate. (Ord. 1260 §15, 1988).

5.04.160 (Repealed).

(Ord. 1569 §1(part), 2013).

5.04.170 (Repealed).

(Ord. 1569 §1(part), 2013).

5.04.180 (Repealed).

(Ord. 1569 §1(part), 2013).

5.04.190 (Repealed).

(Ord. 1569 §1(part), 2013).

5.04.200 Cruelty to animals.

Any person who is convicted in municipal court of violating any of the following provisions shall be deemed to have committed the offense of cruelty to animals and shall be subject to punishment as provided in Section 1.08.010, as now existing or hereafter amended or supplanted:

A. Impounding or confining or causing to be impounded or confined any domestic animal, fowl or bird, and, after such action, failing to provide that animal, fowl or bird, with a sufficient quantity of good and wholesome food and water;

B. Wilfully transporting or confining or causing to be transported or confined any domestic animal or animals, fowl or bird, in a manner, posture or confinement that will jeopardize the safety of the animal, fowl or bird, or the public;

C. Torturing, tormenting, depriving of necessary sustenance, cruelly beating, mutilating or killing, or causes, procures, authorizes, requests or encourages such action;

D. Having charge or custody of any animal, fowl or bird, either as owner or otherwise, inflicting unnecessary suffering or pain upon the same or unnecessarily failing to provide the same with the proper food, drink, air, light, space, shelter or protection from the weather, or cruelly abandoning any animal, fowl or bird.

For purposes of this section, "necessary sustenance or proper food" means the provision at suitable intervals, not to exceed twenty-four hours, of wholesome food stuff and water suitable for the species and age of the animal, fowl or bird, and sufficient to provide a reasonable level of nutrition for such animal, fowl or bird;

E. Owning, possessing, keeping or training any animal or fowl with the intent that that animal or fowl shall be engaged in exhibition of fighting with another animal or fowl; for amusement or gain causing any animal or fowl to fight with another animal or fowl or causes any animal or fowl to injure each other; or permitting any act in violation of the prior two clauses of this subsection to be done on any premises under his or her charge or control or aids or abets any such act; or who is knowingly present as a spectator at any place or building where preparations are being made for an exhibition of the fighting of animals or fowl with the intent to be present at such preparation or is knowlingly present at such exhibit or at any other fighting or injury as described in this particular subsection with the intent to be present at such exhibition, fighting or injury;

F. Nothing in this section shall prohibit the use of canines in the management of livestock, as defined by RCW Chapter 16.57 as now existing or hereafter amended, by the owner of the livestock, the owner's employees or agents, or other persons in lawful custody of the livestock, or the use of dogs in hunting as provided by law or the training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law. (Ord. 1260 §20, 1988).

5.04.210 Care of animals.

A. In the event that any domestic animal is impounded or confined in the manner provided by Section 5.04.200 and is without necessary food and water for more than twenty-four consecutive hours, it shall be lawful for any person from time to time as it shall be deemed necessary and after notification to the police department and in the presence of a police officer, animal control officer or designee, to enter into and open any pound or place of confinement in which such animal is confined and supply it with necessary food and water so long as it shall be so confined. Such person should not be liable to action for such entry and the reasonable cost of such food and water may be collected by that person from the owner of such animal and the animal shall be subject to attachment therefor and shall not be exempt from levy and sale upon execution based upon a judgement therefor, all as provided in RCW 16.52.100 as now existing or hereafter amended. If an investigating officer finds it unreasonably difficult to supply such animal or animals with food and water in the location, the officer may remove the animals to protective custody for that purpose with the same responsibility for reimbursement of costs continuing.

B. If a police officer, animal control officer or designee of either finds that a domestic animal has been neglected by its owner as established within this chapter or as may be reasonably perceived, that officer may authorize removal of the animal to a proper pasture, facility or other suitable place for feeding and restoring to health and the cost of such removal and restoration shall be collectible as provided in subsection A of this section. The same immunity from liability as provided in subsection A shall exist as to this action. (Ord. 1260 §21, 1988).

5.04.220 Conflicting provisions.

It is the intention of this chapter to provide the maximum amount of reasonable protection to animals which are within the control of humans. In the event of any inconsistency between these sections, the more restrictive shall govern. (Ord. 1260 §23, 1988).

5.04.230 Violation--Penalty.

Any person convicted of a violation of this chapter shall be punished as provided by Section 1.08.010, as now existing or hereafter amended or succeeded; provided, that if within the terms of the specific section a specific provision as to penalty is included, that specific provision shall control. (Ord. 1260 §22, 1988).