Chapter 6.12
ANIMALS AT LARGE AND KEEPING1
Sections:
6.12.020 Trespass and nuisance.
6.12.030 Hearing on classification.
6.12.040 Aid to animal control officer.
6.12.060 Citation – Impoundment – Discretion of animal control officer.
6.12.070 Impoundment – Unlawful recovery.
6.12.080 Destruction of animal.
6.12.090 Apprehension – Impoundment.
6.12.160 Inside animals – Keeping of.
6.12.170 Outdoor animals – Keeping.
6.12.200 Livestock – Herding and containment.
6.12.210 Best management practices for manure storage and disposal.
6.12.300 Existing uses of land – Horses/equine animals.
6.12.010 Definitions.
As used in this chapter, unless the content clearly indicates otherwise, the following words shall mean:
A. “Owner” means any person or persons, firm, association or corporation who has the title of, control of, possession of or the responsibility for any of the animals described in this chapter. “Owner” also means any person having control, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location, to an extent such that the person could be presumed to be the owner.
B. “Animal” means any living creature except Homo sapiens, insects and worms.
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 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 immediate control of the owner or the owner’s agent, as with horses, cattle, and dogs.
E. “The city” means the city of Pacific or, if the context so indicates, within the incorporated limits of the city of Pacific.
F. “City official” means animal control officer.
G. “Domesticated animal” means any of various animals adapted so as to live and breed in a tame condition in intimate association with and to the advantage of humans; to include, but not limited to, the dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, or hog.
H. “Livestock” means all horses, cows, cattle, sheep, goats, swine and jackasses, and similar domesticated animals.
I. “Poultry” means domesticated birds that may serve as a source of eggs or meat, including, but not limited to, chickens, turkeys, ducks, geese, guinea fowl, peafowl, pigeons, and pheasants.
J. “Vicious” means a propensity to do any act that might endanger the safety of any person, animal or property of another, including, but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play or outbreak of untrained nature. (Ord. 1773 § 1, 2010; Ord. 1717 § 2, 2009; Ord. 1210 § 3, 1994; Ord. 747 § 2, 1979; Ord. 449 (1), 1969).
6.12.020 Trespass and nuisance.
It is unlawful to suffer or permit any animal to trespass on private or public property so as to damage any property or thing of value. Such trespass is a nuisance, and any such animal may be impounded by the animal control officer. Whenever it is affirmed in writing by a person or persons having separate residence(s), and verified by the animal control officer that any animal is a habitual nuisance by reason of trespassing, squawking, squealing or other noise, or damage to property, being vicious or by its actions potentially vicious or in any other manner causing undue annoyance, the animal control officer, if he finds such nuisance to exist in fact, shall serve notice upon the owner or custodian that such nuisance must be abated within 48 hours, after which the animal control officer shall decide whether such nuisance has been abated and if not, any such animal shall be impounded. Such notice shall be in writing and shall include the owner’s right to a hearing as described in PMC 6.12.030. Refusal to release to the animal control officer any such animal constitutes a violation of this chapter. Violations of this chapter shall be abated in accordance with the chapters adopted by reference in PMC 6.05.010 or Chapter 8.28 PMC, Nuisances, depending on the nature of the violation. (Ord. 1717 § 2, 2009; Ord. 449 (2)(A), 1969).
6.12.030 Hearing on classification.
Any owner or custodian aggrieved at the classification of his animal as vicious, destructive, depredatory, or a public nuisance, may request a hearing before the hearing examiner in accordance with the procedures established within PMC 6.05.270 to determine the justification of such classification. If the classification is affirmed, the owner or custodian appealing shall pay the costs of the hearing and fees to the witnesses called by the animal control officer and/or chief of police in support of the classification. (Ord. 1773 § 2, 2010; Ord. 1717 § 2, 2009; Ord. 449 (2)(B), 1969).
6.12.040 Aid to animal control officer.
Any police officer of the city 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 officer from seizing any animal violating this chapter and delivering the same to the animal control officer or the designated animal control shelter. (Ord. 1717 § 2, 2009; Ord. 449 (3)(A), 1969).
6.12.050 Citation – Impoundment – When.
Repealed by Ord. 1717. (Ord. 449 (3)(B), 1969).
6.12.060 Citation – Impoundment – Discretion of animal control officer.
The animal control officer or other officer shall follow the procedures found in the chapters adopted by reference in PMC 6.05.010 to determine whether an animal shall be impounded or its owner issued a citation, or both, under the provisions of this chapter. (Ord. 1773 § 3, 2010; Ord. 1717 § 2, 2009; Ord. 449 (3)(C), 1969).
6.12.070 Impoundment – Unlawful recovery.
It is unlawful for any unauthorized person to open or attempt to open any city-owned, animal-confining device, or to take or let out any animals therein, or to take or attempt to take from any officer any animal seized by him in compliance with, or in any way hinder such officer in the performance of, his duty under this chapter. (Ord. 1717 § 2, 2009; Ord. 449 (3)(D), 1969).
6.12.080 Destruction of animal.
In the event of emergency, endangering of any person or person’s health or safety, where seizure and impoundment are deemed inadvisable or impracticable for humane considerations, the animal control officer or police officer may humanely destroy such animal. (Ord. 1717 § 2, 2009; Ord. 449 (3)(E), 1969).
6.12.090 Apprehension – Impoundment.
It shall be the duty of the animal control officer or any police officer to apprehend any animal found running at large in violation of this chapter, and impound such animal in the city pound or other suitable place. (Ord. 1717 § 2, 2009; Ord. 449 (4)(A), 1969).
6.12.100 Impoundment – Registration – Notice to owner.
Repealed by Ord. 1717. (Ord. 1210 § 4, 1994; Ord. 449 (4)(B), 1969).
6.12.110 Unclaimed – Disposal.
Repealed by Ord. 1717. (Ord. 1210 § 5, 1994; Ord. 449 (4)(C), 1969).
6.12.120 Redemption – Impoundment costs.
Repealed by Ord. 1717. (Ord. 449 (4)(D), 1969).
6.12.130 Service fee.
A service fee as established by separate city resolution shall be charged for destroying any animal at the request of the owner or otherwise, and for finding homes for unwanted animals at the request of the owner. (Ord. 1773 § 4, 2010; Ord. 1717 § 2, 2009; Ord. 1210 § 6, 1994; Ord. 1157 § 2, 1991; Ord. 449 (4)(E), 1969).
6.12.140 Disposition of moneys collected.
Repealed by Ord. 1210. (Ord. 449 (4)(F), 1969).
6.12.150 Cruel and inhumane treatment of animals.
Repealed by Ord. 1210. (Ord. 449 (5)(A), 1969).
6.12.160 Inside animals – Keeping of.
For residential dwellings, keeping of small animals which can be kept inside the home, such as dogs, cats or other domestic animals which are not vicious by nature, and which do not create an odor or noise which is offensive to a person of normal sensibilities on adjoining, adjacent, or neighboring premises, is permissible, provided all licensing requirements shall be met per PMC 6.05.010.
It shall be considered a nuisance by the keeping of any animal in such a manner as to endanger the public health; to annoy the neighbors by the accumulation of animal wastes which cause foul and offensive odors, or are considered to be a hazard to any animal or human being; or by continued presence on the premises of another or other behavior or acts that are nuisances as defined by PMC 6.12.020 and 8.28.030.
Violations of this chapter may be subject to enforcement actions as prescribed within Chapter 8.28 PMC. (Ord. 2068 § 3, 2023; Ord. 1717 § 2, 2009).
6.12.170 Outdoor animals – Keeping.
A. Animals that are kept indoors, but are allowed outside for more than one hour per day, shall be defined as an outdoor animal.
1. RS Districts. Not more than five domestic animals such as dogs or cats, seven months of age or older, shall be permitted per single-family dwelling unit, provided all licensing requirements shall be met per PMC 6.05.010. Livestock and poultry are prohibited, except as noted in subsection B of this section.
2. RML and RMH Districts. Not more than five domestic animals such as dogs or cats, seven months of age or older, shall be permitted per dwelling having access to ground level usable open space, provided all licensing requirements shall be met per PMC 6.05.010. Livestock and poultry are prohibited.
3. All Other Districts. Not more than five domestic animals such as dogs or cats, seven months of age or older, shall be permitted per single-family dwelling unit, provided all licensing requirements shall be met per PMC 6.05.010, except where expressly prohibited.
B. Poultry or small livestock (under 300 pounds) are permitted in R-O and RS-11 districts provided only one accessory building is used and that it shall not exceed 300 square feet in floor area. The roaming area shall not exceed 500 square feet in area. The housing shall not be closer than 65 feet or the roaming area not less than 35 feet away from any adjacent place of habitation other than the owner’s.
C. Keeping of large livestock (horses, cattle, sheep and other similar animals) is permitted in R-O and RS-11 districts, provided shelters are provided for animals at least 50 feet from the side lot of adjoining lots, and 100 feet from any public street. Adjoining lot owners may locate the above described shelters on their common lot line, provided they each desire to provide a shelter to house one or more of the above described animals. A lot area, in addition to the minimum required for a dwelling, shall be provided equivalent to one acre for each animal over 300 pounds in weight. This regulation shall not be construed to permit the keeping of animals in any place or manner which will endanger public health or safety.
1. Horses are permitted in R-O and RS-11 districts provided the stables be 100 feet and the roaming area not less than 35 feet from the adjacent place of habitation other than the owner’s. The building and location shall be approved by the public works director. The number of horses, not including sucklings, shall be limited to one head of small livestock per one-half acre, and one head of large livestock per acre. (Ord. 2068 § 4, 2023; Ord. 1717 § 2, 2009; Ord. 449 (6)(C), (6)(D), 1969).
6.12.200 Livestock – Herding and containment.
A. Herding. The herding of livestock on any street, road or alley within the city limits is prohibited.
B. Containment. Any livestock confined or kept within the city limits shall be in a secure pen or restricted by a secure leash and not allowed to run at large as defined in PMC 6.12.010; and provided further, that no such animal shall be confined as provided in this section on ground that is marshy or subject to water overflow, nor within 200 feet of any stream or other source of water supply, nor within 100 feet of the animal owner’s residence; and provided further, that no person shall be allowed to keep more than any one head of small livestock per one-half acre, and one head of large livestock per acre owned or used by the owner of said livestock. An owner of small or large livestock may apply in writing for a limited exception of one additional animal per half acre or acre respectively. The community development director or his/her designee shall consider such requests based upon best management practices. (Ord. 1717 § 2, 2009; Ord. 747 § 3, 1979; Ord. 449 (8), 1969).
6.12.210 Best management practices for manure storage and disposal.
No organic material furnishing food or breeding place for flies will be allowed to accumulate on the premises. It shall be unlawful for any person to store or dispose of manure except by best management practices. Best management practices for the proper storage and disposal of manure must eliminate or minimize the potential of runoff containing pollutants and leaching of nutrients into groundwater or surface waters from areas where manure accumulates or is temporarily stored, and are as follows:
A. Manure Storage on Private Property.
1. Manure shall be removed from stalls, paddocks, arenas, corrals and other livestock keeping areas on a regular basis, i.e., daily is best but at a minimum weekly is required.
2. Manure shall be stored in containers which are approved by the city or in a designated manure waste storage area constructed in conformance with the minimum guidelines established in this chapter.
3. Manure storage whether in a cart, dumpster bin, roll-off box or constructed structure shall be stored at least 35 feet from the nearest neighboring dwelling unit.
4. Approved containers are those approved by the director of public works.
5. Manure storage areas shall be constructed in such a manner as to minimize potential runoff. No manure storage structure or container shall be placed within 25 feet of a flood control channel or open storm drain. Storage areas shall be approved by the public works director.
6. Manure runoff which discharges onto adjacent property, onto city streets, horse trails, or into flood control channels is prohibited, and allowing such to occur, intentionally or negligently, shall be in violation of this chapter.
B. Manure Collection Services. Persons who keep livestock shall regularly dispose of accumulated and stored manure. Manure shall be removed from properties on a weekly basis unless a variation is approved by the public works director.
C. Manure Spreading and Composting.
1. Manure spreading over arenas, pastures, corrals or other livestock areas as an alternative means of disposal is prohibited and shall be in violation of this chapter.
2. Manure composting is prohibited without receiving a composting permit from the public works director. (Ord. 1717 § 2, 2009; Ord. 449 (9), 1969).
6.12.220 Public emergency.
If a general emergency due to natural or manmade disaster, or outbreak of disease, should arise, the mayor may claim that such an emergency does exist. If the emergency provides reasonable concern for human life or safety, the mayor may order all species of animals confined to the owner’s premises and/or muzzled. The mayor may also order any species of animal, subsequently found running at large, slain. (Ord. 1717 § 2, 2009; Ord. 449 (10), 1969).
6.12.300 Existing uses of land – Horses/equine animals.
Any horse/equine animal located on property that does not conform to the requirements of this chapter on the effective date of the ordinance codified in this chapter or amendment thereto shall be excepted and allowed to remain on the property; provided, that the horse/equine animal is kept in a clean and safe environment and shall be subject to this chapter and the following provisions. No additional horse/equine animals shall be allowed on said property except as described in subsection B of this section. This exception is only for those horse/equine animals that are being kept on the relevant properties as of the effective date of the ordinance codified in this chapter.
A. Should an excepted horse/equine animal be removed from a parcel of property for a period of more than six months, that cessation shall constitute prima facie evidence of the intent to abandon the exception for horses/equine animals.
B. Should an excepted horse/equine animal produce progeny, the progeny may be allowed on the property up to a maximum of nine months from the date of birth. (Ord. 1717 § 3, 2009).
For statutory provisions authorizing cities and towns to prevent and regulate the running at large of domestic animals within the city limits, see RCW 35.24.290.