Chapter 6.08
DOGS
Sections:
6.08.015 Requirements for the keeping of dogs.
6.08.031 Dog license required – Procedure.
6.08.045 Dogs must be restrained.
6.08.051 Unrestrained dogs subject to impoundment – Notice of impoundment.
6.08.061 Dangerous and potentially dangerous dogs prohibited.
6.08.062 Potentially dangerous dog – Requirements to keep dog in the city.
6.08.072 Impoundment and bond pending appeal of dangerous or potentially dangerous dog adjudication.
6.08.081 Public nuisance prohibited – Penalty for violation.
6.08.110 Interference with enforcement of this chapter prohibited.
6.08.011 Definitions.
The following terms shall have the following definitions:
A. “Animal control officer” means a person designated by the city to enforce this chapter.
B. “Animal shelter” means a facility operated by the city or its authorized agents to care for dogs impounded or held by authority of this chapter or state law.
C. Impounded. A dog shall be considered as being “impounded” upon seizure by an animal control officer.
D. “Household” means a home, house, apartment or other property where one or more dogs are kept by one or more owners or keepers of a dog or dogs.
E. “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 or private grounds other than the grounds of the dog’s owner or keeper, in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack when unprovoked, or a known propensity, tendency, or disposition to cause injury or otherwise threaten the safety of humans or domestic animals.
F. “Dangerous dog” means any dog that, according to records of the animal control officer or city police: (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. “Public nuisance” means a dog which:
1. Chases vehicles upon streets or other public grounds;
2. Is running at large or otherwise not restrained as required under the provisions of this chapter;
3. Damages public or private property other than that of its owner or keeper;
4. Continuously barks, whines or howls in such a manner as to disturb or annoy neighbors or the public; or
5. Defecates on public or private property other than that of its owner or keeper.
H. “Restraint or restrained” means any dog: (1) secured by a leash or lead under the immediate control of a person of sufficient age and competence to control the dog; or (2) any dog which is secured by a leash or confined within a kennel, residence, cage, or other building or structure located on its owner’s or keeper’s private property, and which is constructed in such a manner so as to keep the dog confined at all times within the building or structure; or (3) any dog present on the property of its owner or keeper which is not physically confined or secured by a leash or lead, but is confined to the property by training, habit, or voice command.
I. “Owner,” “keeper,” or “person who maintains, keeps, or harbors a dog” shall be given their ordinary and usual meanings. Additionally, the terms shall include any person(s) who own(s), rent(s), or otherwise has the immediate control or possession of a home or property whereupon a dog is kept, maintained, or harbored. Proof of such control or possession shall include, but shall not be limited to, certified copies of official land title records, certified copies of current city clerk-treasurer’s records reflecting who is regularly billed for city utilities furnished to the property, and current telephone directories indicating in whose name telephone service to the property is furnished. [Ord. 1029 §2, 2024].
6.08.015 Requirements for the keeping of dogs.
The following requirements shall apply to the raising and keeping of all dogs within the city of Palouse:
A. No dog shall be confined or kept in an enclosure or cage or by leash, rope or tether in an area smaller than 75 square feet in size. All dogs shall be provided with sanitary and humane quarters, reasonably protected from inclement weather.
B. The maximum number of dogs over the age of six months shall not exceed three per household. [Ord. 1029 §2, 2024].
6.08.031 Dog license required – Procedure.
All dogs three months of age or older kept or harbored within the city must be continuously licensed by the owner or keeper of the dog as follows:
A. Written application for a license shall be made to the city clerk-treasurer or animal control officer. The application shall include the applicant’s name and address, a description of the dog, and a rabies vaccination certificate issued by a licensed veterinarian or clinic.
B. Any application for a neutered or spayed dog shall be accompanied by a veterinarian’s certification that the dog has been neutered or spayed.
C. Upon completion of the application and payment of the appropriate fee, the clerk-treasurer shall issue a license in the form of a tag. Any dog three months of age or older kept or harbored within the city must at all times have a current year tag attached to its neck. The tag shall bear an identification number and year of its issuance.
D. Dog licenses shall be valid for one year, from January 1st through December 31st. The clerk-treasurer shall maintain a record of the identifying number of each tag issued, and shall make this record available for public inspection.
E. Duplicate dog tags shall be issued upon payment of a replacement fee.
F. No person shall use a tag for any dog other than the dog for which it was issued. [Ord. 1029 §2, 2024].
6.08.045 Dogs must be restrained.
A. Any dog within the city must be continuously kept under restraint. No dog shall be tethered in such a manner as to permit it to enter within 10 feet of any public street, alley, sidewalk, or area open to the public, or to enter upon any neighboring property without the authorization of the occupant of the neighboring property.
B. Every female dog in heat shall be reasonably restrained in a building or secure enclosure in such a manner that such dog cannot come into contact with another dog except for planned breeding purposes. [Ord. 1029 §2, 2024].
6.08.051 Unrestrained dogs subject to impoundment – Notice of impoundment.
A. Any dog not restrained as required under PMC 6.08.045 shall be subject to impound by the police chief, his officers, or animal control officer. Upon impound, if the owner or keeper of the dog is known or can be reasonably identified, the impounding officer shall immediately notify the owner or keeper by telephone, mail or in person. The impounding officer shall advise the owner or keeper that the dog has been impounded, and that the dog may be reclaimed by payment of an impoundment fee equal to $10.00 for each calendar day or part-day the dog has been impounded.
Also, if the dog does not have a current year tag, in addition to the impound fee, the owner or keeper shall be advised that the dog cannot be reclaimed until a current year tag is secured.
B. Upon payment of all impound and licensing fees, an impounded dog shall be released to its owner or keeper.
C. If a dog has not been reclaimed within 72 hours following notification to the owner or keeper, or within 72 hours after impoundment if the owner or keeper cannot be reasonably identified, the dog shall become the property of the city and shall be placed for adoption in a suitable home, or shall be humanely destroyed.
D. The impound fee and dog license requirement shall be in addition to any fine or penalty which may subsequently be assessed as a result of any violation of this chapter. [Ord. 1029 §2, 2024].
6.08.061 Dangerous and potentially dangerous dogs prohibited.
No dog meeting the definition of a dangerous or potentially dangerous dog as defined in PMC 6.08.011(E) and (F) shall be kept, harbored, or present at any time within the city, except as otherwise provided in this chapter. At all times during the pendency of any legal proceeding upon a complaint or citation alleging a violation of this section, the dog in question shall either be removed from the city, or impounded by the city. The cost of keeping any dog impounded under this section shall be assessed to the owner or keeper of the dog if the dog is adjudged a dangerous or potentially dangerous dog; otherwise, the city shall bear the cost. [Ord. 1029 §2, 2024].
6.08.062 Potentially dangerous dog – Requirements to keep dog in the city.
If a final determination has been issued declaring a dog to be potentially dangerous under the provisions of this chapter, then strict compliance with each of the following requirements is required to keep a potentially dangerous dog in the city:
A. The owner of a potentially dangerous dog shall provide for proper enclosure of potentially dangerous dog as set forth in PMC 6.08.045 within 20 days of service upon an owner of a final determination that an animal is a potentially dangerous dog under this chapter. A potentially dangerous dog may not be outside the dwelling of the owner or outside of a proper enclosure for a potentially dangerous dog unless restrained by a substantial chain or leash and under the control of a responsible person.
B. The owner of a potentially dangerous dog shall post the owner’s premises in two conspicuous places on the property with clearly visible warning signs that there is a potentially dangerous dog on the property within 20 days of service upon an owner of a final determination that an animal is a potentially dangerous dog under this chapter. At least one of the signs shall display a warning symbol that informs children of the presence of a potentially dangerous dog. For the signs to be removed, the owner must show their dog has passed the AKC Good Citizen test, or any equivalent professional behavioral evaluation to the city clerk or animal control officer.
C. In addition to any license required under the provisions of this chapter, all owners of potentially dangerous dogs must obtain a “city of Palouse potentially dangerous dog certificate of registration” within 20 days of service upon an owner of a final determination that an animal is a potentially dangerous dog under this chapter. The owner shall apply for such a certificate upon the forms supplied by the city administrator. The certificate of registration shall reflect that the owner has:
1. Provided for proper enclosure of a potentially dangerous dog as required by subsection (A) of this section.
2. Posted the owner’s premises with warning signs as required by subsection (B) of this section.
Failure to comply with these provisions will result in the dog in question being removed from the city, or impounded by the city, per PMC 6.08.061. Any other infraction that meets the description of a potentially dangerous or dangerous dog shall result in the dog being deemed a dangerous dog and result in the dog being removed from the city per PMC 6.08.061. [Ord. 1029 §2, 2024].
6.08.072 Impoundment and bond pending appeal of dangerous or potentially dangerous dog adjudication.
Pending appeal from an order adjudging a dog to be kept, harbored, or present in violation of PMC 6.08.051 or 6.08.061, the subject dog shall, at the option of the owner or keeper, either be removed from the city or impounded by the city. If impounded by the city, the owner or keeper must bear the cost of keeping the dog and must post a cash bond for the dog in the amount of the daily animal shelter charge multiplied by 30 days. Such bond shall indemnify the city against the cost of keeping the dog. [Ord. 1029 §2, 2024].
6.08.073 Potentially dangerous and dangerous dogs – Notice – Preliminary determination – Final determination.
A. Declaration of Preliminary or Final Determination. In making a preliminary or final determination that a dog is a potentially dangerous or dangerous dog as defined by PMC 6.08.011(E) or (F), the animal control officer shall serve notice of the determination upon the owner of the animal, if the owner is known.
B. Notice. Notice of the preliminary or final determination that a dog is a potentially dangerous or dangerous dog as defined by PMC 6.08.011(E) or (F) shall contain:
1. The name and address, if known, of the owner of the animal;
2. The license number, if available, and the description of the animal; and
3. The statutory basis for the proposed action; a statement that the animal control officer has made a preliminary or final determination that the animal is a potentially dangerous or dangerous dog as defined by PMC 6.08.011(E) or (F); the reasons the animal control officer considers the dog is potentially dangerous or dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls and an explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous or potentially dangerous.
4. Service of the notice shall be delivered personally, or by first class and certified mail with return receipt requested.
C. Preliminary Determination. Upon the issuance of a preliminary determination and within 15 calendar days following the service of the notice, the owner of the animal declared to be a potentially dangerous or dangerous dog may meet with the animal control officer to state, orally or in writing, why the animal should not be declared a potentially dangerous or dangerous dog. If the owner actually meets with the animal control officer, any statements made at the meeting shall be considered by the animal control officer before making a final determination.
D. Final Determination. Within either 15 calendar days of the animal control officer’s meeting with the animal’s owner pursuant to subsection (C) of this section, or within 15 calendar days of the expiration of the 15-calendar-day period following service of the notice pursuant to subsection (C) of this section, the animal control officer shall issue its final determination. The final determination, unless appealed to the county court within 30 days of notice, shall be a final determination that the animal is potentially dangerous or dangerous. Notice of a final determination shall also include:
1. Recital of the authority for the action;
2. The signature of the person who made the determination;
3. A statement that the declaration of final determination concerning a potentially dangerous or dangerous dog is a final determination unless appealed and that the appeal must be filed within 30 calendar days after the date of such final determination with the city clerk. [Ord. 1029 §2, 2024].
6.08.081 Public nuisance prohibited – Penalty for violation.
In the event of a dog meeting the definition of a public nuisance as defined in PMC 6.08.011(G), the owner or keeper shall be fined not less than $25.00 for the first violation, and the owner or keeper shall be required to take reasonable steps to abate any further public nuisance. In the event of a second violation involving the same dog, the owner or keeper shall be fined at least $50.00 and shall be required to take reasonable steps to abate any further public nuisance. In the event of a third violation involving the same dog, the owner or keeper shall be fined at least $100.00, and the court shall enter an order directing the owner or keeper to destroy the dog or permanently remove it from the city. If the dog is not then destroyed or removed as ordered within 24 hours after entry of the order, it shall be the duty of the police chief, his officers, or the animal control officer to remove or destroy the dog, wherever it may be found within the city. [Ord. 1029 §2, 2024].
6.08.091 Care.
No owner or keeper of a dog within the city shall:
A. Malnourish the dog, or fail to provide reasonable shelter and veterinary care for the dog;
B. Beat, torment, abuse, or otherwise inhumanely treat and care for the dog;
C. Cause the dog to engage in a fight with another dog, animal, or person; or
D. Abandon the dog.
Any person convicted of violating this section shall immediately forfeit any dog license issued to such person and no further future dog license shall be issued to such person. [Ord. 1029 §2, 2024].
6.08.110 Interference with enforcement of this chapter prohibited.
No person shall knowingly and willfully interfere with, or attempt to prevent, the city in the enforcement of this chapter. [Ord. 1029 §2, 2024].