Chapter 6.04 ANIMAL CONTROL

Human experience benefits in many ways by the companionship and service of dogs. In order to obtain such benefits, dogs must be kept responsibly by people. When people fail to keep dogs responsibly, the community may be subjected to nuisance and health problems. The purpose of the dog control ordinance codified in this chapter is to strike a balance between the rights and responsibilities of dog owners and the community at large so that the community can both enjoy the benefits of responsible dog ownership and avoid problems which arise when dogs are not properly cared for. (Ord. 1567 § 1, 2021).

6.04.020 Definitions.

The following words and phrases used or referred to in this chapter shall have the following meanings:

“Aggressively bites” means any physical bite by a dog in combination with any of the following: snarling, baring teeth, chasing, growling, lunging, multiple attacks, multiple lunges, or multiple bites.

“Animal” means any dog; cat; exotic, wild or dangerous animal; or livestock.

“Animal control officer” means any person or agency designated by the mayor, police chief or city administrator as an individual or law enforcement officer who is authorized to implement the provisions of this chapter.

“At large” means, with regard to dogs, being physically present on public property and not under the actual control of a competent person or being physically present on private property without permission of the person in control of such premises. Exception: “At large” does not include dogs exhibited in dog shows, field trials, obedience training or trials, or the training of dogs therefor.

“City” means the city of Othello.

“Commercial kennel” means the business of boarding, breeding, letting for hire, selling, bartering, or giving away dogs.

“Council” means the city council of the city of Othello, Washington.

“Dangerous dog” means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner’s property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.

Harboring. Any occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for a period of five days or more is presumed to be “harboring” or keeping the animal within the meaning of this chapter.

“Head of the household” means any person who owns, leases or otherwise controls any private premises.

“Livestock” means cattle, sheep, horses, llamas, buffalo, deer, elk, mules, donkeys, goats, swine, and any fur-bearing animal bred and maintained commercially or otherwise within pens or fences.

“Nuisance” means any unlawful act or failure to perform a duty, which act or failure to act either annoys, injures or endangers the comfort, repose, health or safety of other persons, or interferes with other persons’ use of property.

“Owner” means any person or legal entity having a possessory property right in an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by that person.

“Physical injury” means impairment of physical condition or substantial pain which is directly caused by a dog’s behavior, and includes scratches, cuts, scrapes, punctures or other evidence of physical injury.

“Potentially dangerous dog” means any dog that when unprovoked: (a) inflicts bites on a human or a 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.

“Secure enclosure” means the secure confinement of a dangerous dog or a potentially dangerous dog on its owner’s premises, either 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 and a secure top and shall also provide protection from the elements for the dog. Such pen, kennel or structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. Any pen, kennel or structure erected shall comply with all zoning and building regulations of the city. Any pen, kennel or structure shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

“Serious physical injury” means any physical injury that creates a substantial risk of death or causes permanent loss or protracted impairment of any bodily organ or function, or substantial disfigurement.

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

“Tag” means a pre-numbered metal or plastic identification license sold to an owner/custodian for a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a license tag. (Ord. 1567 § 1, 2021).

6.04.030 Abatement of nuisances.

Violations of this chapter are deemed public nuisances. Any person violating any provision of this chapter may be enjoined from continued violations or ordered to abate such public nuisance, whether such injunction be in addition to the civil penalties provided as a part of the disposition of the civil prosecution or in an independent action in equity or otherwise, and shall be liable for all costs and expenses of abating the same, including but not limited to the city’s reasonable attorney fees and costs. (Ord. 1567 § 1, 2021).

6.04.040 Dog registration and license—Required.

License shall be required when any dog in the city limits of the city has reached four months of age and shall be registered with and licensed by the city or its designee at all times. Registration and license may be obtained at the Othello police department or at other locations designated and approved by the city administrator. Thirty days after establishing residence within Othello city limits, any person owning, keeping or harboring any dog shall be required to purchase a license for each dog according to the following provisions. (Ord. 1567 § 1, 2021).

6.04.050 Dog registration and license—Application.

The person registering and licensing a dog shall submit to the department or its designee the following information:

(a) The name and physical address of the owner of the dog being registered;

(b) The name, age, breed, color and sex of the dog being registered, and whether or not such dog has been neutered or spayed;

(d) The certificate of a veterinarian indicating the last date on which the dog received an initial or booster vaccination against the disease of rabies, along with the expiration date of such vaccination. Should the dog be unable to be immunized against rabies for medical reasons, the signed statement of a veterinarian shall be accepted as proof in lieu of rabies vaccination certificate. (Ord. 1567 § 1, 2021).

6.04.060 Vaccination required for dog registration and license.

As a prerequisite to licensing, any dog four months of age or older shall be currently vaccinated against the disease of rabies. (Ord. 1567 § 1, 2021).

6.04.070 Dog registration and license—Fees.

The fee for initial or renewed registration and licensing of any dog shall be:

(a) Annual licensing shall be required for each dog, and shall be issued annually by the city clerk’s department beginning January 1st each year; and shall be valid until December 31st, inclusive.

(b) The annual license fee for each dog shall be as follows:

(1) For licenses purchased through January 31st, fifteen dollars;

(2) For a license purchased February 1st, and after, thirty dollars.

(c) If the purchaser of a license declares, under penalty of perjury or provides documentation from a veterinarian, that the dog to be licensed is either spayed or neutered, the annual license fee shall be as follows:

(1) For a license purchased through January 31st, six dollars;

(2) For a license purchased February 1st, and after, ten dollars.

(d) Dogs owned or kept by nonresidents of the city shall not be kept within the city limits for a period exceeding thirty days without being licensed.

(e) The city will have the option to offer the reduced rate license fee for a designated one time per year special event in conjunction with a rabies vaccination clinic. (Ord. 1567 § 1, 2021).

6.04.080 Dog registration and license—Applications and renewals.

Applications for registration and license issuance or renewal shall be made between the first business day in January and the last business day of January each year or within a timely manner as listed in the conditions set forth below:

(a) In the case of a newly acquired dog, the application shall be made within thirty days of either the date of acquisition or the date when the dog reaches four months of age, whichever occurs later;

(b) In the case of a new resident to the city with an unlicensed adult dog, the application shall be made within thirty days of establishing residency. (Ord. 1567 § 1, 2021).

6.04.090 Dog registration and license—Tag and collar.

Upon application, certification or submission of proof of immunization and payment of fees by the owner or persons having the custody and control of any adult dog, the city or its designated agent shall issue to the applicant a numbered license identification tag for each dog so registered and register their tattoo or microchip number. The applicant shall ensure that the tag is securely fastened to a substantial collar or harness to be worn at all times by the dog.

Any owner of a licensed dog whose current license tag has been lost may obtain a replacement tag, prior to impounding of such animal, by payment of a one dollar fee.

Whenever the ownership of a dog shall change, the new owner shall notify the city clerk’s office. The city clerk’s office shall then change the record accordingly for such dog, and the previously issued license for the dog shall remain valid for the remainder of the license year. (Ord. 1567 § 1, 2021).

6.04.100 Control of dogs.

It is unlawful for any person to permit any dog to engage in any of the following behavior:

(a) Level 1 Behavior. Level 1 behavior occurs when a dog menaces, chases, displays threatening or aggressive behavior or otherwise threatens or endangers the safety of any person, domestic animal or livestock.

(b) Level 2 Behavior. Level 2 behavior occurs when a dog at large causes physical injury to any domestic animal or livestock.

(c) Level 3 Behavior. Level 3 behavior occurs when a dog, although not at large, bites or causes physical injury to any person.

(d) Level 4 Behavior. Level 4 behavior occurs when a dog, while at large, either aggressively bites or causes physical injury to any person, or kills any domestic animal or livestock.

(e) Level 5 Behavior. Level 5 behavior occurs when a dog:

(1) Whether or not confined, causes the serious physical injury or death of any person; or

(2) Is used as a weapon in the commission of a crime; or

(3) Which has engaged in Level 4 behavior subsequently engages in Level 4 behavior after that dog’s owner has received notice that the dog has exhibited Level 4 behavior.

Dogs that have exhibited Level 5 behavior shall be subject to euthanization upon compliance with procedures of the State Department of Health and other agencies with jurisdiction.

It shall be an affirmative defense to any level of behavior described above, except for subsection (e)(2) of this section, that the dog was defending against a crime or attempted crime against persons or property, which crime involves harm or injury, or the threat of harm or injury, to such persons or property. (Ord. 1567 § 1, 2021).

6.04.110 Control of potentially dangerous dogs and dangerous dogs.

(a) It is unlawful for any person to fail to comply with the following provisions applicable to dogs that have engaged in behaviors, without defense, described in Section 6.04.100:

(1) Dogs that have exhibited Level 1 behavior shall be physically restrained in a manner that prevents the dog from reaching any public sidewalk or adjoining property. The dog owner shall conspicuously post warning signs, which must be approved by the city, on the property where the dog is kept. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog. Whenever that dog is outside the dog owner’s home it must be on a chain leash. In addition, the city may require the dog owner to obtain and maintain proof of liability insurance as described in Section 6.04.280.

(2) Dogs that have exhibited Level 2 or 3 behavior shall be confined within a secure enclosure whenever the dog is not on a chain leash or inside the home of the owner. The secure enclosure must be located so as not to interfere with the public’s legal access to the dog owner’s property, and the dog owner shall conspicuously post warning signs, which must be approved by the city, on the property where the dog is kept. In addition, the city may require the dog owner to obtain and maintain proof of liability insurance as described in Section 6.04.280.

(3) Dogs which have exhibited Level 4 behavior shall be confined indoors or within a secure enclosure suitable to prevent the entry of young children and designed to keep the animal from escaping. Such pen or structure shall have all sides, including top and bottom, secure and shall provide for protection from the elements for the dog. The secure enclosure must be located so as not to interfere with the public’s legal access to the dog owner’s property, and the dog owner shall conspicuously post warning signs, which must be approved by the city, on the property where the dog is kept. In addition, the city will require the dog owner to obtain and maintain proof of liability insurance or a surety bond as described in Section 6.04.280. The dog owner shall not permit the dog to be off the dog owner’s property unless the dog is muzzled and on a chain leash and under the actual control of a capable person.

(4) Dogs that have exhibited Level 5 behavior shall be subject to euthanization upon compliance with procedures of the State Department of Health and other agencies with jurisdiction.

(b) Any dog designated a dangerous dog or potentially dangerous dog shall be required to wear at all times an identifying mark, tag or other device designated by the city to identify the dog as dangerous or potentially dangerous.

(c) Any dangerous dog running at large which, because of its disposition or diseased condition, is too hazardous to apprehend may be destroyed by the animal control officer, any police officer, or by any person acting in defense of himself, his family or another person. (Ord. 1567 § 1, 2021).

6.04.120 Notification of designation as dangerous dog or potentially dangerous dog—Appeal.

(a) Notice of Designation as Dangerous or Potentially Dangerous Dog. The animal control officer or any law enforcement officer may determine whether any dog is dangerous or potentially dangerous under this chapter.

Upon such determination, the animal control officer or law enforcement officer shall serve notice of such designation to the dog owner in person or by regular and certified mail, return receipt requested. Such notice shall state the municipal code authority for the determination; the reasons the officer considers the dog dangerous or potentially dangerous; a statement that the dog is subject to registration and controls required by this chapter, including as applicable, the controls found in Sections 6.04.100 and 6.04.110; and an explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous or potentially dangerous.

(b) Appeal. Once the animal control officer has issued its determination and the owner has been notified by written notice, the owner will be entitled to an administrative appeal and opportunity to meet with the chief of police, at which time the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous or potentially dangerous. The meeting must occur prior to the expiration of ten calendar days following the delivery of the notice. In the event the chief of police declares a dog to be dangerous or potentially dangerous, the order shall include a brief, concise statement of the facts that support the determination. The owner shall receive a written notice of the final determination signed by the chief of police and the animal control officer.

The owner may appeal the administrative final determination that the dog is dangerous or potentially dangerous to the municipal court. The owner must make such appeal within fifteen days of receiving the final determination. While the appeal is pending, the city may order the dog to be confined or controlled in compliance with Section 6.04.220. If the final determination of the dog is dangerous or potentially dangerous, the owner must pay all costs of confinement and control. (Ord. 1567 § 1, 2021).

6.04.130 Dog in estrus at large prohibited.

It is unlawful for any person to permit a female dog in estrus, also known as being in season or in heat, to be accessible to any male dog not owned by the female dog’s owner, except by agreement of the owners of both the male and female dogs for the purpose of controlled breeding for the betterment of the breed. (Ord. 1567 § 1, 2021).

6.04.140 Abuse of dogs prohibited.

(a) It is unlawful for any person to physically abuse any dog or to fail to furnish adequate care, including without limitation water, food, shelter and medical attention, or to confine a dog with any dangerous dog.

(b) Any person entering a dog in a dog fight is guilty of a class C felony. (Ord. 1567 § 1, 2021).

6.04.150 Abandonment of dogs prohibited.

No owner or person harboring a dog shall permit his/her dog to be abandoned, or left without supervision and/or medical attention for a period exceeding twenty-four hours. Any police officer or animal control officer may provide food and water to and/or impound the abandoned dog. The owner shall reimburse the city for all expenses incurred for such services. If the dog is impounded, notice of impoundment under this section shall be posted, as soon as practical, at the residence or mailed to the owner; or, if the owner of the dog is unknown, to the address at which the dog was found. (Ord. 1567 § 1, 2021).

6.04.160 Confinement in motor vehicle prohibited.

It is unlawful for any person to leave any dog confined within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the dog, including without limitation conditions involving dangerous temperature, lack of food, water or attention. (Ord. 1567 § 1, 2021).

6.04.170 Removal of dog waste from public areas.

It is unlawful for the owner or other person with custody of a dog to fail to remove any feces excreted by the dog from any public place not designed to receive dog waste, including without limitation streets, sidewalks, parking strips and public parks, or any private place off the dog owner’s premises. (Ord. 1567 § 1, 2021).

6.04.180 Dogs at large prohibited—Presumption of ownership.

(a) No person, dog owner or custodian shall permit any dog to be at large.

(b) The owner or rightful occupant of any premises is presumed to own any dog kept at the premises. (Ord. 1567 § 1, 2021).

6.04.190 Barking dogs prohibited.

(a) No person shall keep on any premises a dog that howls, yelps, barks or makes other noises in such a manner as to deprive a neighboring person or persons of peace and quiet.

(b) It shall be an affirmative defense to subsection (a) of this section that the howling, yelping, barking or other noise complained of was by a guard dog or watch dog which was responding to intruders, trespassers or other persons entering onto the premises of the dog owner. (Ord. 1567 § 1, 2021).

6.04.200 Dog bites to be reported.

Any person who is bitten by a dog, or who otherwise is exposed to dog saliva through an open wound on the person, or any doctor, veterinarian or hospital employee having information that a person has been bitten by a dog or has otherwise been exposed to dog saliva through an open wound, within the city, shall notify the city of such bite or exposure, giving a description of the dog, the name and address of the owner, and location of the incident, if known to said person. (Ord. 1567 § 1, 2021).

6.04.210 Tethering.

It shall be unlawful for any person to tether or confine an animal in such a manner that it can become entangled so that it cannot move freely, cannot reach shelter or water, or such that it can become entangled with another animal; the area where the animal is tethered or confined must be free of extraneous material that may cause it injury (such as, but not limited to, glass, sharp metal, nails, etc.). Tether must be a minimum length of five times the length of the animal as measured from the tip of its nose to the base of its tail;

No person shall attach any dog by use of any device to any of the following:

(a) Any tree, pole, parking meter, sign, building, fire hydrant, building or other object on a public street, alleyway, parking lot, sidewalk, or public right-of-way;

(b) Any object on premises other than his own, without permission of the owner of such premises;

(c) Any object on private premises, in a manner which would allow the dog to have access to any public street, sidewalk or right-of-way. (Ord. 1567 § 1, 2021).

6.04.220 Biting dogs—Impoundment and/or quarantine.

(a) When the animal control officer receives a report that any person, another dog, or another animal has been bitten by a dangerous dog, such dog shall forthwith be impounded by the animal control officer or any police officer. The owner of such dog or the person in possession thereof shall surrender said dog to the animal control officer or police officer. The dog shall be impounded and quarantined at the city animal shelter for a period of no less than ten days or for such period as determined by the animal control officer. The impoundment will be at the expense of the owner. Release and/or destruction of such dangerous dog shall be in accordance with the provisions of this chapter relating to dangerous dogs.

(b) Any dog that is not declared as being dangerous, which bites any person, another dog, or other animal, shall be quarantined for a period of ten days as follows:

(1) If, in the judgment of the animal control officer or police officer, the owner can properly secure the biting dog on the owner’s premises in a manner which would prevent the dog from being in contact with any person or another dog, or other animal, the biting dog may be left with the owner.

(2) If, in the judgment of the animal control officer or police officer, the dog cannot be secured as aforementioned on the owner’s premises, or if the owner does not agree to keeping the dog in such secured location on his premises, the dog will be impounded at the city animal shelter, at the expense of the owner, or at another suitable location as determined by the animal control officer. (Ord. 1567 § 1, 2021).

6.04.230 Dogs exhibiting symptoms of rabies.

(a) When either the animal control officer or the department of public health and sanitation has grounds to suspect that a dog is infected with the disease of rabies, there shall be delivered to the owner of such dog a written notice thereof. The biting of any person, another dog, or other animal shall constitute grounds for suspecting the dog to be so infected. The delivery of said notice to a member of the owner’s family, fourteen years of age or older, at the premises where such dog is kept, or at the owner’s usual place of abode, shall be considered a delivery of the notice to the owner. Upon such notification, the owner of such dog, or the person in possession thereof, shall forthwith be required to quarantine such dog for ten days in the same manner as specified in Section 6.04.220.

(b) No person shall unnecessarily kill, or cause to be killed, any dog suspected of being rabid, except after such dog has been placed in quarantine and the diagnosis of rabies has been made by a licensed veterinarian. Upon diagnosis of rabies by a licensed veterinarian, the dog so diagnosed shall be humanely killed, and the head of such dog shall be submitted to the Washington State Department of Health. (Ord. 1567 § 1, 2021).

6.04.240 Impoundment of dogs.

Dogs found or reasonably believed to be kept in violation of this chapter may be impounded by the city’s enforcement officers or agents; provided, that if a complaint identifying the dog owner of a dog at large, a barking dog or an unlicensed dog is received and the dog owner can be immediately located, the dog shall be left with the dog owner, and a summons and notice to appear in regard to the violation may be issued to such dog owner. (Ord. 1567 § 1, 2021).

6.04.250 Notice of impoundment.

Upon the seizing and impounding of any dog, the animal control officer shall give notice of such impounding in the following manner:

(a) If the dog is licensed and wearing a license tag, then as soon as reasonably practical after the dog is impounded, the animal control officer shall notify the owner by telephone, mail, by posting notice at the owner’s residence, or otherwise that his/her dog has been impounded and may be redeemed as provided in Section 6.04.260.

(b) If the dog is licensed and wearing a license tag, but the owner cannot be notified under the provisions of subsection (a) of this section, the dog will be held at the animal shelter for fifteen days. If the dog has not been claimed by its owner before expiration of the fifteen-day period, then the disposition of the dog shall be in accordance with Section 6.04.270.

(c) If the dog is unlicensed and not wearing a license tag, the animal control officer shall post within twenty-four hours from the time of impoundment, a notice identifying the time the dog was impounded, where picked up from and any description available of the dog. The notice shall be posted at the Othello police department and the animal shelter. (Ord. 1567 § 1, 2021).

6.04.260 Recovery of impounded dogs.

(a) The owner or keeper of any impounded dog, other than those classified as dangerous, may redeem the same by providing proof of a current rabies vaccination valid for a year, displaying a valid dog license for the impounded animal and paying the city clerk’s office the impounding fee together with the boarding fee as follows:

(1)	Impounded fee for each offense in any twelve-month period:
(A)	First offense:	$25.00
(B)	Second offense:	$50.00
(C)	Each subsequent offense thereafter:	$100.00
(2)	Board fee, per day or portion thereof:	$50.00 for the first day. $15.00 each additional day for each dog that has not been determined to be a dangerous dog.
(2)	Board fee, per day or portion thereof:	$300.00 fee regardless of the impound duration for each dog that has been designated as a dangerous dog.

(b) If the dog is unlicensed, the license fee, along with the aforesaid fees, shall be paid to the city clerk’s office, and upon presentation of the license tag, together with the receipt for impounding and boarding fees, to the animal control officer, the dog shall be released immediately. Payment of the fees provided in this section shall be exclusive of any fines or penalties imposed upon the owner upon the conviction or violation of any provision of this chapter.

(c) If an impounded dog is determined to be a dangerous dog or potentially dangerous dog, then it shall be released only in accordance with Section 6.04.280. (Ord. 1567 § 1, 2021).

6.04.270 Impounding regulations—Disposition of impounded dogs.

(a) The police department and animal control officer shall keep any dog impounded for the period of time hereinafter specified. A daily record of such dogs shall be kept at the place of impoundment and shall be made available to the public. It shall, however, be the sole responsibility of the dog owner to ascertain that his or her dog has been impounded. The animal control officer shall, except as set forth in subsection (c) of this section, dispose of such dogs in accordance with the following provisions:

(1) An unlicensed dog, for which the owner is unknown, which has not been redeemed within three days, excluding holidays, after impoundment may be destroyed.

(2) A licensed dog, for which the owner is known, which has not been redeemed within fifteen days, excluding holidays, after notification of the owner by telephone, or by certified mail of the notice of impoundment, may be destroyed.

(b) The animal control officer may elect to sell the dog to defray all or part of the expenses of boarding it, or to release the dog to any person or organization as the animal control officer may see fit. The animal control officer may also require the owner of a licensed dog, whom the animal control officer is unable to contact or who has been notified but refuses to reclaim or consent to the destroying of the dog, to pay for the boarding of the dog in the city animal shelter at the scheduled per-day fee until the dog is destroyed. The city may enforce this subsection in a civil action.

(c) A dog impounded under this chapter shall not be disposed of/released if its owner or his agent requests a hearing as provided in this subsection prior to the date the dog has been disposed of/released as authorized in this chapter, and the dog is ordered released by the court. In the event of a hearing at which the city prevails, the dog shall be humanely destroyed/released to any person or organization as the animal control officer sees fit. The person requesting the hearing shall be liable to the city for the costs of impounding and keeping the dog as provided in this chapter. Requests for such hearing shall be filed with the Adams County District Court, Othello Precinct by the dog owner or his agent with a copy served upon the clerk-administrator or his designee and shall be made on a form which shall read substantially as follows:

IN THE DISTRICT COURT FOR ADAMS COUNTY, OTHELLO PRECINCT
		)
		)
IN RE THE CONFISCATION OF A DOG NAMED:		)	No.:__________
_________________ Dog’s name and description		)	Request for Dog
_________________ Dog’s name and description		)	Confiscation
		)	Hearing
_________________ Owner’s name		)
_________________ Owner’s name		)
	I, _______________, as owner or the
	(full name)
	owner’s agent of a: ____________________
	(dog’s name and description)

	Request a hearing to contest its confiscation. The dog is currently being held at the City impoundment facility. I understand that if I fail to appear at the time set by the Court for hearing, the dog shall be humanely destroyed or surrendered to persons or organizations deemed fit by the Animal Control Officer.

	________________________ Signature of owner or agent Address Telephone number

(Ord. 1567 § 1, 2021).

6.04.280 Potentially dangerous and dangerous dogs—Registration requirements—Fee.

(a) In addition to any other registration and licensing requirements provided in this chapter, it is unlawful for a person to keep any dog which has exhibited Level 3, 4, or 5 behavior as described in Section 6.04.100 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.

(b) The city shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the department sufficient evidence of:

(1) A proper enclosure to confine the dangerous dog and the posting of the premises with clearly visible warning signs that there is a dangerous dog on the property. In addition, the owner shall conspicuously display warning symbols that inform children of the presence of a dangerous dog and the dog must wear, at all times, a city-designated tag that identifies the dog as a dangerous dog.

(2) For any dog which has exhibited Level 3, 4, 5 or 6 behavior as defined in Section 6.04.100, either (A) a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control officer in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous dog; or (B) 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 two hundred fifty thousand dollars and acceptable by the animal control officer.

(3) Dog will be spayed or neutered at owner’s expense.

(4) Dog will be microchipped at owner’s expense.

(d) Violation—Confiscation—Penalty. Any dangerous dog shall be immediately confiscated by the animal control authority or law enforcement officer if the:

(1) Dog is not validly registered under this section;

(2) The owner does not secure/maintain the surety bond or liability insurance coverage required by this section;

(3) The dog is not maintained in a secure enclosure; or

(4) The dog is outside the dwelling of the owner, or outside the secure enclosure and not under physical restraint of the responsible person.

(e) When a dangerous dog or potentially dangerous dog is confiscated per subsection (d) of this section, the owner must pay the costs of confinement and control pursuant to this section and RCW 16.08.080. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days.

(f) If either (1) a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, or (2) a dog of an owner aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, then such owner shall be subject to a class C felony per RCW 16.08.100 and punishable in accordance with RCW 9A.20.21. The owner shall be entitled to those defenses, if applicable, set forth in RCW 16.08.100(2) and (3). (Ord. 1567 § 1, 2021).

6.04.290 Kennel license—Requirements.

It is unlawful for any person to own, maintain or operate a kennel unless such person has obtained the applicable license as provided hereinafter. If there is a change in the ownership of any kennel, the new owner shall have the license transferred to his name upon receipt of a new updated application and payment of a twenty-five dollar transfer fee. (Ord. 1567 § 1, 2021).

6.04.300 Use of premises—Kennels.

Commercial kennels, as defined in Section 6.04.020, are permitted only in the industrial zones subject to the following requirements:

(a) A commercial kennel permit must be applied for and obtained from the city prior to the establishment of a commercial kennel. Any person desiring to obtain such a permit must file an application on a form provided by the city with the animal control officer or his/her designee containing such information as the animal control officer shall require.

(b) In addition to obtaining a business license pursuant to Section 4.04.290, the annual fee for a commercial kennel permit is one hundred dollars. Commercial kennel permits shall expire one year from the date of issuance. The permit may be revoked for noncompliance prior to the expiration date.

(c) All commercial kennels shall be operated so as to provide for the proper care of the animals, including but not limited to sufficient food, drink, shelter, protection, veterinary care, and sanitation.

(d) No commercial kennel shall be operated so as to constitute a nuisance to any neighboring properties.

(e) Should any animals be sold to a city resident and said animal is required to be licensed pursuant to Section 6.04.040 the commercial kennel operator and/or owner shall ensure that said animal is properly licensed as part of the sale. (Ord. 1567 § 1, 2021).

6.04.310 Kennel license—Application.

(a) Information Required. Any person making application for a kennel license shall submit to the city the following information:

(1) The name, address and phone number of the owner of the kennel;

(2) The name, address and phone number of a person having primary supervision of the kennel;

(3) The address or location and phone number of the kennel;

(4) The maximum number of adult dogs that the kennel will contain at any time;

(5) The name and address of the person designated by the applicant as agent for service of legal process or notice;

(6) A statement giving permission for the inspection of the kennel at any reasonable time; and

(7) A certificate of zoning compliance by the community development/planning department of the city.

(b) Notice of Deficiencies. In the event any kennel license applicant fails to provide all required information or fees, the city shall notify such applicant by first class mail at the mailing address stated on the application of any such deficiency, demanding that any required information or fees be provided to the city within thirty days and stating that if such required information or fees are not timely received, any fees paid shall be forfeited and the application shall be voided.

(c) Failure to Provide Information. If any applicant fails to provide information requested under this section, a new application and fee shall be required after the thirty days have expired, and any license previously supplied shall be voided.

(d) Disposition of Fees Received. After thirty days have passed since the applicant was notified of any deficiency of information or fees, such fees shall be forfeited to the city. Any overpayment of fees shall be refunded to the applicant if the request for overpayment refund is made within ninety days of such overpayment.

(e) Appeals. Any decision made concerning the type of kennel to be licensed and the fee required may be appealed to the city manager. If the applicant is not satisfied with the decision of the city manager, such decision may be appealed to the city council. Should the appeal be determined in favor of the applicant, the excess license fee shall be refunded from the date the appeal was filed, or prorated on a monthly basis. (Ord. 1567 § 1, 2021).

6.04.320 Kennel license—Fees and late penalties.

(a) The application for a kennel license shall be accompanied by a fee as follows:

(1) Commercial or foster shelter kennel: two hundred fifty dollars per year upon submission, inspection and approval of the enforcement agency.

(2) Hobby kennel: fifty dollars per year upon submission, with a surcharge of ten dollars per unaltered dog, upon inspection of the enforcement agency.

(3) Late penalty: one-half of the applicable amount.

(b) The late penalty shall be assessed if the kennel license is not applied for within thirty days of its due date. (Ord. 1567 § 1, 2021).

6.04.330 Kennel license—Inspection of facilities.

Upon application for a kennel license, the city or its designee shall inspect the subject facilities to determine if they may be properly licensed. (Ord. 1567 § 1, 2021).

6.04.340 Kennel license—Display.

The license issued for a kennel shall be posted in a conspicuous place upon the premises where such kennel is located. (Ord. 1567 § 1, 2021).

6.04.350 Kennel license—Expiration and renewal.

Kennels shall be licensed in January on a yearly basis ending December 31st. Fees for new applications shall be prorated and charged one-twelfth the fee for each month remaining in the calendar year. License renewals shall be processed in the same manner as the original application, except that a certificate of zoning compliance is not required. (Ord. 1567 § 1, 2021).

6.04.360 Kennel license—Revocation, denial or refusal to renew.

A license for any kennel may be revoked, denied or not renewed for failure to comply with the provisions of this chapter, and such action by the city shall be final and conclusive unless within twenty days of written notification thereof an appeal is received by the city manager’s office. (Ord. 1567 § 1, 2021).

6.04.370 Kennel license—Records required.

Each kennel shall prepare, maintain and make available to the department a current record of all dogs auctioned off, sold, let or otherwise disposed of, proof of vaccination, and a current record of all dogs born within such facility or acquired from other sources. Such records shall include the origin, the age and type of dog, and the name and address of the transferee or transferor. A kennel shall have available for inspection at any time all required records, tags or tattoos or microchip numbers for each dog. (Ord. 1567 § 1, 2021).

6.04.380 Vaccination required.

Each kennel shall cause each dog owned or sold by it to receive current and proper rabies inoculation for dogs over four months of age. (Ord. 1567 § 1, 2021).

6.04.390 Impoundment and disposition of other animals.

(a) Any other animals, either domestic or wild, excluding domestic cats, not covered by the above sections of this chapter, that are found within the city limits to be roaming or straying away, abandoned, running at large, off the premises of the owner and not under direct control of the owner or his agent or found causing damage to personal or private property other than that of the owner or occupant, or in any manner causing or creating a dangerous or hazardous condition to the public, may be impounded by the animal control officer or any police officer.

(b) All notices, fees, release, and disposal terms of Sections 6.04.240 through 6.04.270 applicable to unlicensed dogs shall apply to other animals impounded hereunder.

(c) Any animal found in violation of this section, which because of its disposition or diseased condition is too dangerous to apprehend, may be destroyed by the animal control officer or any police officer. (Ord. 1567 § 1, 2021).

6.04.400 Animal control officer—Authority and duties.

(a) There is established an office of the animal control officer for the city. The animal control officer shall be appointed by the mayor, shall be under direct supervision of the city administrator, and shall have the power and responsibility to restrain and impound dogs or other animals in accordance with the provisions of this chapter. The animal control officer shall be general supervision of, and be responsible for, the management of the city animal shelter.

(b) The animal control officer shall make public reasonable rules and regulations for the maintenance, conduct and operation of the animal shelter. The animal control officer shall destroy any dog or other animal, in a humane manner, at the written request of the owner. The fee for such destruction shall be ten dollars. (Ord. 1567 § 1, 2021).

6.04.410 Interference with the animal control officer.

It shall be unlawful for any person to take or attempt to take from the animal control officer or any police officer, any dog or other animal seized by him in compliance with this chapter, or in any manner interfere with or hinder the animal control officer, or his assistant, in the discharge of his duties under this chapter. (Ord. 1567 § 1, 2021).

6.04.420 Interference with police dogs.

It is a gross misdemeanor for any person to willfully tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure or kill, or to interfere or meddle with any dog while such animal is being utilized by the city of Othello’s police department, or any deputy, in the performance of any function or duty of said department, or such police officer or employee. (Ord. 1567 § 1, 2021).

6.04.430 Animal control officer—Right of entry.

While in the course of the duties of enforcing the terms of this chapter, the animal control officer, or any police officer, may make reasonable and necessary entry upon any privately owned premises, to pursue, restrain or capture any dog or other animal which is at large, or in any other violation of this chapter. (Ord. 1567 § 1, 2021).

6.04.440 Enforcement.

Any police officer of the city of Othello is authorized to aid the animal control officer in the enforcement of this chapter. Nothing in this chapter shall be deemed to prevent any police office from seizing any dog or other animal violating this chapter and delivering such dog or other animal to the city animal shelter. In the absence of the animal control officer, it shall be the duty of the chief of police to enforce the terms of this chapter. (Ord. 1567 § 1, 2021).

6.04.450 Severability.

Should any section or provision of the ordinance codified in this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 1567 § 1, 2021).

6.04.460 Violation—Penalty.

Any person or persons violating any provisions of this chapter shall be deemed to have committed a civil infraction and shall be subject to a C-8 penalty (not less than two hundred ten dollars). If any violation is continuing, each day’s violation shall be deemed as a separate violation. (Ord. 1567 § 1, 2021).