Chapter 6.12
ANIMAL NUISANCES
Sections:
6.12.030 Animal nuisances designated.
6.12.040 Abatement – Immediate.
6.12.050 Animal nuisance – Penalty for violation.
6.12.120 Cats – Applicability.
6.12.010 Purpose.
The purpose of this chapter is to set standards for barking dogs and other animals within the city, and to establish a complaint procedure, civil remedies and violations punishable by monetary penalties. (Ord. 928 § 2, 1999)
6.12.020 Definitions.
For purposes of this chapter, the following words and terms shall have the meanings set out in this section:
A. “Animal” means any animal, also including fish, reptiles, insects and birds.
B. “Animal owner” means any person or legal entity having an interest in or right of possession to an animal or any person having control, custody or possession of any animal, or who harbors, cares for, exercises control over, or permits any animal to remain on premises occupied by him or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner.
C. “City” means the city of Newport, Washington.
D. “Complainant” means any person who verbally or in writing files a complaint with the city regarding noise or other animal nuisance made by a dog or other animal. (Ord. 928 § 2, 1999)
6.12.030 Animal nuisances designated.
Every act committed in violation of this chapter and every omission to perform a duty imposed by this section, which act or omission does any of the following, shall constitute a public animal nuisance:
A. It is a violation of this chapter for any animal owner to allow a dog or other animal to unreasonably disturb others by frequently barking, yelping, howling or making other noises or disturbing the peace of other citizens. The noise of the dog or animal shall not be unreasonably audible off the property where the dog or animal is kept nor shall it be of such consistency and volume or at such time as to be likely to annoy a reasonable person on the adjoining property or elsewhere in the city.
B. It is a violation of this chapter for an animal owner to allow an animal to unreasonably annoy, injure or endanger the safety, health, comfort, or repose of the citizens of the city.
C. It is a violation of this chapter for an animal owner to allow an animal to render, in any way, any person, unreasonably insecure in life, limb or use of property.
D. It is a violation of this chapter for an animal owner to allow an animal to unlawfully interfere with, obstruct or tend to obstruct or render dangerous of passage a public park, street, sidewalk, alley, highway or other public area.
E. It is a violation of this chapter for any animal owner to allow an animal to create directly or indirectly any unreasonably nauseous, foul, offensive or putrid smell.
F. It is a violation of this chapter for any animal owner to cage, house, corral, fence in or maintain in any manner, any animal or animals in such conditions as to unreasonably injure or endanger the safety, health, comfort or life of an animal, person or property. (Ord. 928 § 2, 1999)
6.12.040 Abatement – Immediate.
Whenever any animal nuisance is within a public way or easement or of such character and so situated that it can be abated without the invasion or destruction of property or the prejudice of any right, and the further continuance is likely to result in expense to the city or injury to any person or party, the chief of police, animal control officer or other proper officer of the city may abate and remove the animal nuisance summarily. (Ord. 928 § 2, 1999)
6.12.050 Animal nuisance – Penalty for violation.
Any violation of NMC 6.12.030 is a civil infraction punishable by monetary penalties as follows. Any person who violates this chapter shall be deemed to have committed a Class 1 civil infraction and shall be assessed a monetary penalty in accordance with NMC 1.16.030. Any person who commits a second or subsequent violation of this chapter in a calendar year shall be deemed to have committed a civil infraction and shall be assessed a monetary penalty not to exceed $500.00, not including statutory assessments. In addition, if the city abates a nuisance, the court may assess the abatement costs. However, if the owner of the animal agrees to remove the animal from the city permanently; or agrees to turn the animal over to the animal control officer; or has the animal surgically muted, in the case of violations of NMC 6.12.030(A); then the monetary penalty may be reduced to payment of the city’s court and abatement costs. Each 24-hour period during which the animal nuisance is continued shall be a separate violation of failure to abate an animal nuisance. (Ord. 2102 § 5, 2022; Ord. 928 § 2, 1999)
6.12.120 Cats – Applicability.
Nothing in this chapter shall be construed to authorize the animal control officer to pick up or dispose of stray or domestic cats. (Ord. 928 § 2, 1999)