Chapter 6.16
ANIMAL CONTROL
Sections:
6.16.035 License fee exemptions.
6.16.040 License—Issued annually—Penalty for late application.
6.16.050 License tag—Replacement fee.
6.16.060 License tag—Misuse prohibited.
6.16.065 Animal fancier permits.
6.16.070 Running at large unlawful.
6.16.080 Prohibited offenses designated.
6.16.090 Number of animals permitted on premises.
6.16.100 Noisy or unsafe behavior declared nuisance.
6.16.110 Dangerous, fierce or vicious dogs.
6.16.120 Impoundment for violation authorized.
6.16.130 Impoundment—Owner notification.
6.16.140 Impounded animals—Redemption, sale or destruction.
6.16.150 Diseased animals destroyed.
6.16.160 Penalties for violation.
6.16.010 Definitions.
For the purposes of this chapter:
(a) Animal Control Authority. “Animal control authority” means any police officer, person or organization designated by the city council to perform the functions of the ordinance codified in this chapter or any other city ordinance relating to animals.
(b) Animal Shelter. “Animal shelter” means any premises so designated by action of the city council.
(c) At Large. “At large” means any animal which is found on the streets of the city or upon public property or upon property of persons other than the owner.
(d) Dog. “Dog” means any dog, male or female, neutered, spayed or otherwise, over the age of four months.
(e) Cat. “Cat” means any cat, male or female, neutered, spayed or otherwise, over the age of four months.
(f) Harboring. The occupant of any premises on which an animal or animals remain or to which it customarily returns daily for food and care for a period of five days is presumed to be harboring the animal within the meaning of this chapter.
(g) Owner. “Owner” means any person or persons, firm, association or corporation owning, keeping or harboring an animal.
(h) Trespassing Animals. “Trespassing animals” means to trespass on private or public property without the permission or consent of the property owner.
(i) Animal. “Animal” means any live vertebrate creature, domestic or wild, whether spayed or neutered or unaltered, over the age of four months, except man.
(j) “Animal fancier permit” is a permit that allows the permit holder to harbor, raise or possess any combination of dogs or cats numbering not more than three dogs and three cats over the age of six months on their premises. Animal fancier permits will not be issued to individuals residing in multiple-family residences. Only one animal fancier permit will be issued to any one premises.
(k) “Rebuttable presumption” is an assumption of fact accepted by the court until disproved. All presumptions can be characterized as rebuttable. It is an assumption that is made in law that will stand as fact until someone comes forward to contest it and prove otherwise. (Ord. 1781 § 1, 2014; Ord. 1665 § 2 (part), 2010; Ord. 1441 § 2, 2000: Ord. 1019 § 2, 1987; Ord. 807 § 1, 1979).
6.16.020 License—Required.
It is unlawful for any person to own, keep or harbor any dog within the city limits unless such a dog is licensed as herein provided. Every owner of a dog within the city limits of Omak shall purchase annually from the city clerk a dog license, which shall be placed and kept on such dog at all times. The owner at the time of purchase shall provide the city clerk with the name, phone number, and address of the owners, name of dog, and sex, color, age and breed of dog. A numbered receipt and metallic tag will be given to the owner by the city. As a condition to obtain a license, the city clerk shall require evidence of rabies immunization to be submitted by the owner. The licensing of all other animals will not be required, except when redeemed from the shelter. The licensing of cats shall be made available to those who wish to do so voluntarily. (Ord. 1665 § 2 (part), 2010: Ord. 1441 § 3, 2000: Ord. 1019 § 3, 1987; Ord. 807 § 2.01, 1979).
6.16.030 License—Fees.
A license fee for neutered or spayed animals and unneutered male animals and for unspayed females shall be charged annually. Such fees are set by resolution. (Ord. 1665 § 2 (part), 2010: Ord. 1441 § 4, 2000: Ord. 1418 § 17, 1999: Ord. 1276 § 1, 1995: Ord. 1019 § 4, 1987: Ord. 807 § 2.02, 1979).
6.16.035 License fee exemptions.
No license fee shall be required for the following:
(1) Guide dogs for the blind;
(2) Dogs honorably discharged from the armed forces of the United States;
(3) Dogs in the care, custody and control of nonresidents who are traveling through the city or temporarily staying in the city for a period of time not exceeding thirty days, or dogs temporarily brought into the city for the exclusive purpose of being entered in a dog show or exhibition, provided such dogs are so entered and not kept elsewhere in the city;
(4) Dogs used in crime detection or apprehension by public officers;
(5) Dogs housed in a duly licensed pet shop prior to sale;
(6) Dogs while kept or maintained exclusively within a commercial kennel or a recognized animal rescue organization.
Proof of certification is required. (Ord. 1665 § 2 (part), 2010).
6.16.040 License—Issued annually—Penalty for late application.
All animal licenses shall be issued for one year, beginning with the first day of January in each year. Application for licenses may be made for up to thirty-one days after the start of the licensing year without penalty, but when application is made after thirty-one days of the licensing year have elapsed, the applicant shall be assessed a penalty which has been set by resolution, which amount shall be added and collected with the regular license fee; provided, if the animal did not become subject to licensing until after the start of the licensing year, then no penalty shall be assessed within thirty-one days after the first day the animal became subject to licensing. (Ord. 1441 § 5, 2000: Ord. 1418 § 18, 1999; Ord. 1019 § 5, 1987: Ord. 807 § 2.03, 1979).
6.16.050 License tag—Replacement fee.
In the event that the metallic license tag issued for an animal is lost, the owner may have the current license tag replaced. Payment is set by resolution. (Ord. 1441 § 6, 2000: Ord. 1418 § 19, 1999: Ord. 807 § 2.04, 1979).
6.16.060 License tag—Misuse prohibited.
No person shall use for any animal a license receipt or license tag issued for another animal. No person shall use a license tag which is not a current tag. (Ord. 1441 § 7, 2000: Ord. 807 § 2.05, 1979).
6.16.065 Animal fancier permits.
The police department shall initiate issuance of an animal fancier permit upon receipt of a completed application and nonrefundable application fee as provided in the city’s fee schedule. Upon determination that the premises is eligible for an animal fancier permit and receipt of the animal fancier permit issuance fee, the police department shall issue an animal fancier permit. The police department shall not issue an animal fancier permit to a premises with a history of animal-related complaints. (Ord. 1781 § 4, 2014).
6.16.070 Running at large unlawful.
The owner of an animal, licensed or not, shall not permit such animal to go beyond the premises of the owner unless such animal is securely leashed or otherwise securely restrained, and at all times under the control of its owner or keeper. It is unlawful for the owner or keeper of any animal to permit such animal to run at large within the city limits of the city of Omak. (Ord. 1665 § 2 (part), 2010: Ord. 1019 § 1, 1987: Ord. 807 § 3.01, 1979).
6.16.080 Prohibited offenses designated.
No animal shall be permitted to commit the following offenses on any premises or property, private or public: bite or charge any person, destroy private property, scatter refuse, chase vehicles, deposit fecal matter on any property not that of its owner or commit any nuisance defined in this chapter or any other city ordinance. Animals shall not be permitted to trespass on property not their own. (Ord. 1441 § 8, 2000: Ord. 807 § 3.02, 1979).
6.16.090 Number of animals permitted on premises.
It is unlawful for any person or family to keep or maintain more than two dogs and/or three cats over the age of six months at any one residence or premises in the city of Omak unless one of the household residents holds a valid animal fancier permit or the premises is a kennel or boarding place owned or operated by a person duly licensed to practice veterinary medicine in the state of Washington, or is subject to the exemptions of Sections 6.16.035(5) and (6). The keeping of more than the authorized number of dogs and cats (two dogs and three cats without an animal fancier permit, or three dogs and three cats with an animal fancier permit) is declared to be a violation of this code. (Ord. 1781 § 2, 2014: Ord. 1665 § 2 (part), 2010: Ord. 1441 § 9, 2000: Ord. 807 § 3.03, 1979).
6.16.100 Noisy or unsafe behavior declared nuisance.
It shall be a rebuttable presumption that any activities enumerated in this section disturb the peace, comfort or repose of others when they take place between the hours of ten p.m. and seven a.m. It is declared a public nuisance, and it is unlawful, for any person to own or keep any animal within the city which barks, whines or howls, or otherwise behaves in such a manner as to disturb the peace and quiet or safety of persons in the neighborhood. (Ord. 1781 § 3, 2014: Ord. 1441 § 10, 2000: Ord. 1021 § 13, 1987: Ord. 807 § 3.04, 1979).
6.16.110 Dangerous, fierce or vicious dogs.
Enforced as per Chapter 16.08 RCW. (Ord. 1665 § 2 (part), 2010: Ord. 1019 § 7, 1987: Ord. 807 § 3.05, 1979).
6.16.115 Animal abuse.
A person is guilty of animal abuse if the person knowingly, recklessly, or with negligence:
(1) Inflicts unnecessary suffering or pain upon an animal;
(2) Fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or
(3) Abandons the animal. (Ord. 1441 § 11, 2000).
6.16.120 Impoundment for violation authorized.
The animal control authority and every police officer are authorized to apprehend any animal found running at large or found to be trespassing, and to impound such animal in the city pound or other suitable place. Any animal which is in violation of any section of this chapter may be seized and impounded. (Ord. 1665 § 2 (part), 2010: Ord. 1441 § 12, 2000: Ord. 807 § 4.01, 1979).
6.16.130 Impoundment—Owner notification.
Not later than twenty-four hours after the impounding of any animal (other than one declared to be a public nuisance), the owner may be notified by ordinary mail or by telephone, or if the owner of the animal is unknown, written notice shall be posted for seventy-two hours on the bulletin board of the Omak police station for public inspection, describing the animal and the place and time of impound. (Ord. 1441 § 13, 2000: Ord. 1019 § 6, 1987: Ord. 807 § 4.02, 1979).
6.16.140 Impounded animals—Redemption, sale or destruction.
Any impounded animal may be redeemed by the owner by the payment of an impound fee set by resolution of the city council for each calendar day, whole or part, which the animal has been confined, including the day on which the animal is first impounded. Impound fees and board fees shall not be considered as a part of any fine levied for violation of this chapter.
If the animal is required to be licensed and has no valid license tag, then the owner shall obtain a license tag for the current year. If an impounded animal is not claimed and redeemed seventy-two hours after the giving of the notice as stated in this chapter, then it may be sold or destroyed.
Any animal being caught running at large or trespassing, following the fifth offense, shall be impounded and destroyed. (Ord. 1665 § 2 (part), 2010: Ord. 1441 § 14, 2000: Ord. 1418 § 20, 1999; Ord. 1159 § 2, 1991: Ord. 807 § 4.03, 1979).
6.16.150 Diseased animals destroyed.
Any unlicensed dog, or any animal, which appears to be suffering from rabies or affected by hydrophobia, mange or other infectious disease, shall not be released, but may be forthwith destroyed. (Ord. 1441 § 14, 2000: Ord. 807 § 4.04, 1979).
6.16.160 Penalties for violation.
In addition to any other civil remedies provided by state law, and except in cases where a different or additional penalty is prescribed by ordinance, failure to perform certain acts required by this chapter, or the performance of certain acts prohibited by this chapter, is designated as a civil infraction and shall not be classified as a criminal offense.
Any person, firm or corporation found to have violated the provisions of this chapter shall be assessed a monetary penalty. Animal control penalties will be charged according to the fees set by resolution.
Each day during which a violation continues shall be deemed a separate offense and separate penalties may be assessed for each separate offense. Said penalties shall be in addition to any other remedies provided by this chapter. (Ord. 1665 § 2 (part), 2010: Ord. 1418 § 21, 1999; Ord. 1348 § 1, 1997).
6.16.170 Severability.
It is the intention of the council that each separate provision of this chapter shall be deemed independent of all other provisions hereof, and that if any provision of this chapter is declared invalid, all other provisions hereof shall remain valid and enforceable. (Ord. 807 § 6.01, 1979).