Chapter 7.04 ANIMAL LICENSING AND CONTROL

The purpose of this chapter is to protect the health, safety, and welfare of the citizens of the city of Pomeroy and to provide for responsible and humane ownership of animals by establishing and enforcing regulations for the keeping and control of animals within the city. (Ord. 925, 2022).

7.04.010 Definitions.

Words used in this chapter shall have their normal and customary meaning unless the context indicates otherwise. The following words and terms shall mean:

“Abandon” means to voluntarily release possession of an animal with the intent, or apparent intent, of never again claiming an ownership or possessory interest in the animal.

“Allow” means to permit by neglecting to restrain or prevent.

“Animal” means any nonhuman vertebrate.

“Animal control officer” means any person designated by the city appointing authority to carry out the provisions of this chapter under the laws of the state of Washington and the city.

“Animal shelter” means any premises designated by the city authority for the purpose of impounding and caring for animals held under authority under this chapter.

“At large” means to be off the premises of the owner and not under the control of the owner or another.

“Dog” means any member, male or female, of the genus Canis familiaris.

“Domestic animal” means any tame animal kept or raised as a pet.

“Garfield County sheriff” means the sheriff or any other person acting under his orders or direction.

Harboring. The occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for three consecutive days (or more) is presumed to be harboring or keeping the animal within the meaning of this chapter.

“Keeper” means the owner of an animal or a person or entity having the immediate care, custody or control of an animal and any person apparently acting on behalf of a keeper with the express or implied permission of the keeper.

“Kennel” includes any place other than a veterinary hospital where four or more bitches are kept for breeding and the offspring thereof are sold for profit or given away, or where animals are received for care and boarding.

“Leash” includes a cord, thong, leash, or chain not more than twenty feet in length by which an animal is controlled by the person accompanying it, which is of sufficient strength to control an animal without breaking.

“Neutered animal” includes both male and female dogs rendered incapable of reproducing any offspring. Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian.

“Owner,” “custodian” or “keeper” means any person, firm, association, corporation or partnership owning, keeping or harboring an animal, or their agents or persons acting with their permission.

“Premises” means all the real property under one’s ownership inside the inner line of a sidewalk, or, if there is no sidewalk, inside the curb, ditch or shoulder marking the edge of the used public right-of-way. “Premises” also means the inside of a closed motor vehicle.

Service Animal. Under the ADA, a “service animal” is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability.

“Spayed female” includes a female dog which has been sterilized by a licensed veterinarian to avoid or prevent conception. Proof of such sterilization must be evidenced by the certificate of licensed veterinarian.

“Under control” means that the owner, by means of a leash, restrains an animal to the owner’s immediate proximity, preventing the animal from trespassing upon the property of others or annoying or chasing other persons, animals, or vehicles of any sort.

“Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis, treatment, and care of diseased or injured animals.

“Vicious animal” includes an animal whose temperament or habits create danger or injury to persons or other animals or create a reasonable probability of injury to persons or other animals.

“Wild animal” or “exotic pet” means any nondomestic animal which is normally found in a wild state or is imported from the wild state of another country, including, without limitation: poisonous snakes or snakes capable of inflicting physical harm to a human; monkeys, bats, coyotes, kinkajous, deer, beavers, skunks, raccoons, alligators, crocodiles, falcons, eagles, hawks; but not including hamsters, gerbils, guinea pigs, parakeets, canaries, white mice, or white and partial-colored rats. (Ord. 925, 2022).

7.04.015 Violations deemed civil infractions – Penalties – Forfeitures.

A. Any person or entity which violates the provisions of sections:

7.04.016 Stray dogs and other animals – Warning and violation notices of infraction.

7.04.020 Dogs – Licenses required.

7.04.060 License tag – Issuance – tag.

7.04.080 License tag – Transfer of ownership.

7.04.110 Running at large.

7.04.115 Dog control – Specifically, leash required – Exception.

7.04.120 Animal disturbances/noise.

7.04.130 Dogs biting.

7.04.131 Harboring biting dog prohibited.

7.04.132 Harboring biting dog – Complaint investigation.

7.04.135 Animal sanitation in public places.

7.04.138 Dogs on city property/sanitation.

7.04.136 Stray dogs and other animals – Nuisance – Impoundment.

7.04.137 Other acts prohibited.

7.04.139 Restricting pedestrians and dogs on the Pomeroy City golf course.

7.04.141 Dangerous animals – Keeping thereof.

7.04.160 Keeping of animals.

7.04.170 Kennel license – Required.

7.04.191 Rabies control – Quarantine of animals.

7.04.192 Rabies control – Killing of animals suspected of rabies prohibited.

7.04.198 Removal of impounded animal without payment of fees.

7.04.200 Impoundment – Interference with officer.

shall be deemed to have committed a civil infraction and for each violation shall be fined not to exceed the sum of five hundred dollars ($500.00). (Ord. 925, 2022).

7.04.016 Stray dogs and other animals – Warning and violation notices of infraction.

A. In place of impoundment and under the provisions of PMC 7.04.136, an animal control officer or Garfield County sheriff or deputy may issue a warning notice of infraction, or a violation notice of infraction to an animal’s keeper for the first offense of letting an animal (except a domestic cat) run at large in the city.

B. A Garfield County sheriff or deputy may issue a warning notice of infraction, or a violation notice of infraction to an animal’s keeper for the first offense of any civil infraction set forth as in PMC 7.04.015.

C. For all subsequent offenses of the same civil infraction, an animal control officer, sheriff, or sheriff’s deputy shall issue a violation notice of infraction. (Ord. 925, 2022).

7.04.017 Service by mail – When completed.

When under the provisions of this chapter, service of a notice of impoundment, warning notice of infraction, violation notice of infraction or any other notices permitted to be made by certified mail, return receipt requested, such service shall be deemed completed when the certified mail is receipted by the sheriff’s department. (Ord. 925, 2022).

7.04.018 General duty.

None of the provisions of this chapter are intended to create a nuisance of action or provide the basis for a claim against the city, its officials or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created in this chapter is intended to be a general duty or obligation running in favor of the general public. (Ord. 925, 2022).

7.04.020 Dogs – Licenses required.

Except as provided in PMC 7.04.050, no person or entity residing in the city shall keep a dog over four months of age within the city without having a valid dog license. Tags will be designed so that they may be conveniently fastened to a dog collar or harness. The sheriff’s department shall maintain a record of all dog license tags. This section shall not apply to dogs brought into the city for less than thirty days. In any prosecution for violation of this section, the absence of a tag to be appended to a dog, as provided in this chapter, shall be prima facie evidence that the dog has not been licensed. (Ord. 925, 2022).

7.04.030 License – Issuance – Rabies inoculations required.

Dog licenses will not be issued without proof of rabies inoculations from a licensed veterinarian. (Ord. 925, 2022).

7.04.040 License/impoundment fees.

The license fees on dogs for each year, or part thereof, shall be as follows: For the year 2001 and each year thereafter, the fees may increase by the most recent National Average Consumer Price Index – Urban increases for the previous year rounded to the nearest one cent. Reference the most current city resolution dog license fees and penalties.

A. Neutered male dog or spayed female – $30.00 lifetime.

B. Unaltered female or unneutered male dog – $20.00 annually.

C. Neutered dog or spayed female – $10.00 annually.

D. Replacement tag – $5.00.

All licenses, except lifetime, shall expire on December 31 of the year they are issued. There is no refund of a dog license fee or any part thereof. Refer to the most current resolution regarding dog licensing and violation fees.

The above fees shall apply if paid prior to the effective date of the ordinance codified in this chapter and prior to March 1 of each year thereafter, or within thirty days of acquisition of ownership; and a late fee for dog licensing and a late fee for kennel are set by resolution, on or after March 1 of each year thereafter, or if paid after thirty days of acquisition of ownership. The license for a dog for the upcoming year shall be available during the month of December each year, which shall be valid from purchase through December 31 of the next full year. (Ord. 925, 2022).

7.04.041 Dog lifetime licenses – Proof of sterility.

A dog license for sterile dog may be issued for the lifetime of the dog. Before issuing a lifetime dog license, proof of sterility must be presented by the applicant and verified by the city clerk. (Ord. 925, 2022).

7.04.050 License – Fee – Exemptions.

No license fee shall be required of any municipal animal shelter, veterinary hospital, humane society, or service dog. Under the ADA, a “service animal” is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability. The task(s) performed by the dog must be directly related to the person’s disability. (Ord. 925, 2022).

7.04.060 License – Issuance – Tag.

On payment to the city clerk of the amount of any such license fee, it shall be the duty of the clerk to issue a license to the person applying therefor, which license shall remain and be in force from its date through the thirty-first day of December next ensuing. The city clerk shall furnish with such license a metal tag upon which shall be stamped a number corresponding with the number of such license, the year for which it is issued, and shall bear the name POMEROY. This tag shall be attached to a collar to be constantly worn by the dog. In case the dog tag is lost or destroyed, a duplicate will be issued by the city clerk for a fee of $5.00. (Ord. 925, 2022).

7.04.061 Animals – Fees upon reclaiming – Unlicensed impound dogs.

The claimant, upon reclaiming an animal, shall pay an impoundment fee and boarding fee as established by resolution of the city council. If a dog for which no current license has been issued is impounded, the claimant shall also pay the regular applicable license fee; and if the dog has been impounded for more than thirty days after the expiration of a license, a late license fee as established by resolution of the city council shall apply. (Ord. 925, 2022).

7.04.070 License tag – Generally.

It is unlawful for any person to remove, steal, mutilate or destroy the license identification of any dog. It is unlawful for anyone to refuse to show or exhibit at any reasonable time to any license inspector, animal control officer, or sheriff’s department employee, any dog in his possession or custody and/or any license or identification tag issued therefor. (Ord. 925, 2022).

7.04.080 License tag – Transfer of ownership.

It is unlawful for any owner to use any license tag for any dog other than the one for which it has been issued. If there is a change of ownership of a licensed dog, the new owner must apply for and obtain a new license from the city clerk. (Ord. 925, 2022).

7.04.090 License – Revocation.

A. The sheriff may revoke any license if the person holding the license refuses or fails to comply with this chapter or any law governing the protection and keeping of dogs. The holder of a license that is revoked under this subsection may appeal in writing to the city council within ten days, asking for a hearing to determine the validity of the revocation. The city council will afford an appeal hearing at the next regular meeting. The consequence of an appealed revocation shall not be enforced until the hearing has been held.

B. Any person whose license is revoked shall, within ten days after the revocation or hearing upholding the revocation, if a hearing is requested, humanely dispose of all dogs owned, kept, or harbored by such person and no part of the license fee shall be refunded. (Ord. 925, 2022).

7.04.100 License – Denial – Reapplication.

A. If the applicant has withheld or falsified any information on this application, the city clerk shall refuse to issue a license.

B. Any person having been denied a license may not reapply for a period of thirty days. Each reapplication shall be accompanied by a $10.00 fee. (Ord. 925, 2022).

7.04.110 Running at large.

The keeper of any animal shall not cause, permit, or allow such animal, except a domestic cat, to be loose, roam, run at large or to be away from the premises of the keeper unless the animal is under control, or is on the premises of another with the express or implied consent of the owner or the person in possession thereof. (Ord. 925, 2022).

7.04.115 Dog control – Specifically, leash required – Exception.

A. Leash Required. The keeper of any dog owned, harbored, controlled or kept by the keeper in this city shall not cause, permit or allow any such dog to be away from the premises where the same is owned, harbored, controlled or kept and be loose, roam, or run at large in the city, unless such dogs shall be (at all times while away) controlled by the keeper or a responsible person by means of a leash as defined in PMC 7.04.010. It shall be prima facie evidence of a violation of this subsection when a dog is found by a law enforcement officer while it is away from its keeper’s premises and not under the control of the keeper or a responsible person.

B. Exceptions. A leash required pursuant to the provisions of subsection (A) of this section shall not be required:

1. For a dog which is securely confined while in or upon any vehicle.

2. For a dog while being exercised in any area designed by the city as a leash optional area.

3. For a dog while undergoing training at an organized dog obedience class where at least seventy-two hours’ advance notice has been given to the sheriff’s office and the public works department, if the class is to be held on city-owned property, in which case permission from the city superintendent shall be required prior to holding such an obedience class.

4. For a dog while being exhibited during an organized animal show, an American Kennel Club or similar organization sanctioned exhibition where at least seventy-two hours’ advance notice has been given to the sheriff’s department and the public works department if the show or exhibition is to be held on city-owned property, in which case permission from the city supervisor shall be required before holding such a show or exhibition.

5. For a trained seeing-eye dog while being used by a blind person.

6. For a dog trained to aid law enforcement officers while being used for law enforcement purposes, or during demonstrations of the dog’s capabilities to aid law enforcement officers.

In all such events above, dog owners are required to remove their animal’s waste and properly dispose of it. (Ord. 925, 2022).

7.04.120 Animal disturbances/noise.

It shall be illegal to keep or harbor any animal which by frequent or habitual howling, yelping, barking, or the making of other noises, or keep or harbor any fowl which by frequent crowing or the making of other noises shall annoy or disturb or interfere with the peace, comfort and cause a noise complaint to be made by two or more households or establishments, neither of which is within the same property boundary, or by one household or establishment and confirmed by a law enforcement officer. (Ord. 925, 2022).

7.04.121 Enforcement – Complaint – Penalty.

A. Only after a complaint has been received from an identified person or person who owns, rents, or leases property that is affected by a noise source may the Garfield County sheriff’s department issue a civil infraction notice. See the most current city of Pomeroy’s dog licensing and fee resolution.

B. For enforcement and penalty purposes, each twenty-four-hour period from midnight to midnight in which a violation of this chapter occurs shall constitute a separate violation.

C. It shall be a civil infraction for any person to violate the provisions of this chapter. The penalty for the first violation shall be in accordance with the city’s most current resolution concerning dog license fees and penalties. See the most current city of Pomeroy’s dog licensing and fee resolution. (Ord. 925, 2022).

7.04.130 Dogs biting.

A dog shall not, without provocation, bite, attempt to bite, charge, snap or behave in any other manner that is overtly aggressive and potentially harmful to, or toward any person or domestic animal within the corporate limits of the city. (Ord. 925, 2022).

7.04.131 Harboring biting dog prohibited.

It is unlawful for any person to keep or maintain within the city any dog of which he or she is the keeper who has been found, pursuant to the provisions of PMC 7.04.132 through 7.04.134, to have twice bitten or attempted to bite any person or persons, or domestic animal. (Ord. 925, 2022).

7.04.132 Harboring biting dog – Complaint investigation.

Upon receipt by an enforcement officer or sheriff’s deputy of a signed complaint made by any person, or the parent or guardian of such person, or owner of any animal, bitten by a dog which complaint alleges that at some time during the twenty-four-month period prior to the time the victim was bitten that the same dog bit the same victim or any other person or persons or domestic animal; or, if the enforcement officer has other evidence that the same dog has bitten another person at some time during the twenty-four-month period prior to the time the victim was bitten, the officer shall investigate the complaint and report the results of the investigation to the county prosecutor. If the prosecutor finds probable cause exists to believe and prove by a preponderance of credible evidence that the dog in question has twice bitten one or more persons without provocation or justification during the applicable period, the prosecutor may commence a civil action in the Garfield County district court requesting the hearing provided for in PMC 7.04.133. (Ord. 925, 2022).

7.04.133 Harboring biting dog – Hearing.

Upon the filing of an action by the prosecutor in Garfield County district court to determine whether a dog has, without provocation, twice bitten a person and/or domestic animal, within a consecutive twenty-four-month period, the court shall conduct a hearing and hear from witnesses. When it is proven by a preponderance of the evidence to the satisfaction of the court that the injured person provoked the dog into attacking, such facts shall be an absolute defense to that particular bite. The court may also consider whether the attack occurred on property under the control of the keeper of the dog, as well as the legal status of the victim on that property, in determining whether the biting incident shall be included within the twenty-four-month period or may have been justified and not included. (Ord. 925, 2022).

7.04.134 Harboring biting dog – Disposition.

Upon a finding by the court based upon a preponderance of the evidence that the dog in question has twice bitten a person or persons or domestic animal without provocation or justification within the consecutive twenty-four-month period, the court may order such action which the court, in its discretion, believes is appropriate, up to and including euthanasia, in order to ensure that the dog does not bite or attempt to bite persons and/or domestic animals in the city again. (Ord. 925, 2022).

7.04.135 Animal sanitation in public places.

The keeper of an animal, except a domestic cat, shall:

A. Remove for disposal any fecal matter deposited by his or her animal in the city on any public sidewalk, street, alley or any city park, playground or other public place, or on the premises of a person other than a keeper when such animal is on that premises without the express or implied permission of the owner or person in possession of such premises, before the keeper leaves the immediate area where the fecal matter was deposited. Dogs shall be on a leash no longer than twenty feet.

B. The keeper must have in his or her possession the equipment necessary for removal of the fecal matter when accompanied by such animal on the property described in subsection (A) of this section, and the dog shall be on a leash no longer than twenty feet. (Ord. 925, 2022).

7.04.136 Stray dogs and other animals – Nuisance – Impoundment.

Any stray dog or other animal which is not under control, or is running loose, roaming or running at large in the city on any street, alley, sidewalk, or in any city park, playground, or any other public place, or on the public or private premises of a person other than the keeper without the express or implied permission of the owner or person in possession of such public or private premises, is declared to be a nuisance. Any such stray dog or other animal may be seized while on such public or private property by the Garfield County sheriff’s department and impounded.

7.04.137 Other acts prohibited.

A. No person shall willfully open any door or gate on any private premises or unleash or coax away any dog or animal for the purposes of enticing or enabling any dog or other animal to leave such private premises and be at large as defined in this chapter.

B. No person shall willfully provoke, mistreat, or abuse any dog or other animal while confined to its keeper’s premises.

C. No person shall set up a “leg-hold” type or “noose” type trapping device to catch a dog or other animal.

D. No person shall abandon any dog or other animal, including a domestic cat, by dropping off or leaving such animal on any public street, alley, or sidewalk, or in any city park, playground, other public place or building, or on the premises of another.

E. No owner shall fail to provide his or her animal with adequate food and water, proper shelter and protection from the weather, veterinary care when needed to prevent sub-humane care and treatment. No person shall beat, cruelly ill-treat, torment, mutilate, overload, overwork or otherwise abuse any animal. No person shall cause or permit any dog fight, cock fight or bull fight, or other combat between animals or between animals and human beings, or train or permit to be trained for such combat. (Ord. 925, 2022).

7.04.138 Dogs on city property/sanitation.

No domestic animal shall be allowed to run freely in city parks or other city property, and they shall be restrained by the keeper with a leash no longer than twenty feet. Additionally, all fecal matter deposited by the owner’s dog shall be removed and disposed in a trash receptacle. (Ord. 925, 2022).

7.04.139 Restricting pedestrians and dogs on the Pomeroy City golf course.

Domestic animals are allowed in city parks and on the outer edges of the golf course while on a leash no longer than twenty feet. Dogs must be on a leash no longer than twenty feet and stay on the outer edges of the golf course. When golfers are present, walking pedestrians with or without animals are not allowed on the golf course, due to the increased risk of injury. Owners are responsible for removing fecal matter deposited by their dog. (Ord. 925, 2022).

7.04.140 Dangerous animals – Defined – Regulated.

A. For the purpose of this section, a “dangerous animal” is any animal, including but not limited to a dog, that:

1. Has a propensity, tendency or disposition known to the keeper to attack unprovoked, to cause injury to, or to otherwise endanger the safety of human beings or domestic animals; or

2. When unprovoked and while on any public sidewalk, street, alley, or other public place in the city, bites a human being or domestic animal on any public sidewalk, street, alley, or other public place in the city; or

3. When unprovoked and while on any public sidewalk, street, alley, or other public place in the city, in a vicious and terrorizing manner attacks by growling, snapping, charging at, or otherwise approaches in a vicious and terrorizing manner a human being or domestic animal on any public sidewalk, street, alley or other public place in the city; or

4. Is owned or harbored primarily or in part for the purposes of fighting, or any animal trained for fighting, or any animal bred to fighting, or any animal which is of a breed with predominant fighting characteristics; or

5. Has bitten or attempted to bite pedestrians or other persons as prohibited by PMC 7.04.130.

B. The keeper of a dangerous animal shall not allow such animal to go beyond the premises of the keeper unless the animal is securely leashed and securely muzzled or otherwise securely restrained and securely muzzled. (Ord. 925, 2022).

7.04.141 Dangerous animals – Keeping thereof.

A. It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued under this section. This section shall not apply to dogs that are used by law enforcement officials for work purposes.

B. The city clerk of the city shall issue a certificate of registration to the owner of such dangerous dog as the owner presents to the city clerk sufficient evidence of:

1. A proper enclosure to confine a dangerous dog. A proper enclosure shall be defined by RCW 16.08.070(4). Further, the owner has posted the premises with a clearly visible warning sign that indicates there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol and inform children of the presence of a dangerous dog.

2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the city clerk in the sum of at least fifty thousand dollars ($50,000), payable to any person injured by the vicious dog; or

3. A policy of liability such as homeowner’s insurance issued by an insurer qualified under RCW Title 48 in the amount of at least fifty thousand dollars ($50,000), insuring the owner for any personal injuries inflicted by the dangerous dog.

4. In addition to the annual license fees established under this chapter, there shall be a dangerous dog license fee of $500.00 to register dangerous dogs on an annual basis. (Ord. 925, 2022).

7.04.155 Nonappearance after written promise or completions of service by mail, misdemeanor.

Any person willfully violating his written and signed promise to respond to a notice of infraction or willfully failing to respond to a service by mail by forfeiting the proper penalty to the Garfield County district court, or by appearing in said court, shall be guilty of a misdemeanor regardless of the disposition of the notice of infraction; provided, that a written promise to appear in court or to respond to a written notice of infraction may be complied with by an appearance by counsel. (Ord. 925, 2022).

7.04.160 Keeping of animals.

No person who owns, harbors, controls, or keeps any dog in the city shall cause, permit, or allow any such dog or dogs, or any pen yard, enclosure or building in which such animals are kept, to be maintained in a manner as to be nauseous, foul, or offensive. Violation of this section is declared to be a public nuisance and adverse to the public health, safety and general welfare. The first citation shall be issued in the amount of $50.00, and each citation thereafter shall increase by an additional $50.00 (i.e., $100.00, $150.00, etc.). (Ord. 925, 2022).

7.04.170 Kennel license – Required.

No person shall operate or maintain a kennel within the city limits without first obtaining a business license. No license shall be issued unless the location of the proposed kennel is in accordance with the zoning laws and regulations as codified by the city as they currently exist or may hereafter be amended, and the zoning map of the city as it exists or may hereafter be amended. Violation of this section is declared to be a public nuisance. For the year 2001 and each year thereafter, the fees may increase by the most recent National Average Consumer Price Index – Urban increases for the previous year rounded to the nearest one cent. Reference the most current city resolution dog license fees and penalties. (Ord. 925, 2022).

7.04.180 Impoundment or citation.

Any dog or dogs found without a license or running at large, or in violation in any manner with the provisions of this chapter shall, at the discretion of the enforcement officer, be:

A. Impounded and placed in the city animal shelter, or, if deemed necessary, in a private animal shelter, and the officer upon taking this action shall make a complete registry, entering the breed, color, and sex of such dog and any available license information. If the dog is licensed, an entry shall be made showing the name and address of the owner and the number of the license tag; or

B. If the owner is known or may be determined, the animal control officer or the Garfield County sheriff’s department may issue to the owner or persons responsible a notice of infraction and notice to appear before the Garfield County district court. Reference the most current city resolution dog license fees and penalties. (Ord. 925, 2022).

7.04.191 Rabies control – Quarantine of animals.

A. Biting Animals. Any dog or other animal that bites a person or animal shall be quarantined for ten days. If a law enforcement officer determines that the risk of the biting animal being infected with rabies is possible, but not probable, the quarantine may be on the premises of the keeper. An animal quarantined on the premises of the keeper shall be securely confined in an enclosure which is at least fenced on all sides and from which the animal cannot escape, and which is not accessible to the public.

If an officer determines that it is probable that the biting animal is infected with rabies, the officer may require the keeper to surrender the animal for the quarantine period to the animal shelter or place the animal in a veterinary hospital. The keeper shall pay all costs incurred during a period of quarantine.

B. Animal Susceptible to Rabies. Any animal for which probable cause exists to cause an officer to believe that it may be rabid or susceptible to being rabid may be quarantined by an officer under the terms and conditions for biting animals set forth in subsection (A) of this section.

C. Removal of Quarantined Animals from Keeper’s Premises. An animal quarantined on the keeper’s premises under the provisions of either subsection (A) or (B) of this section may be taken from the keeper’s premises if it is under control by greater restraint than being “at heel.”

D. Removal of Quarantined Animals From the City. Any dog or other animal quarantined after biting or being susceptible to rabies under the provisions of subsections (A) and (B) of this section may be transported from the city during a period of quarantine if it has been vaccinated and a certificate to that effect certifying that such vaccination was in effect at the time the quarantine was imposed is shown to the officer. (Ord. 925, 2022).

7.04.192 Rabies control – Killing of animals suspected of rabies prohibited.

No person shall kill or cause to be killed any animal which has bitten a person or another animal, or any animal suspected of being rabid, except as needed to prevent immediate injury or death to another animal or to a person, until after the animal has been placed in quarantine and a diagnosis of suspected rabies is made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely destroyed, and an appropriate test performed if needed or desired by an animal control officer. (Ord. 925, 2022).

7.04.193 Impoundment of animals – Notification – Reclaiming – Disposition.

A. Place of Impoundment. Any dog or other animal impounded as authorized by the provisions of PMC 7.04.180 shall be confined to and kept in the city’s animal shelter, or other suitable animal shelter, not less than one hundred twenty hours, unless reclaimed by its keeper or an authorized representative thereof.

B. Notification. Upon impoundment of any dog or other animal under the provisions of subsections (A) and (B) of this section, the law enforcement officer shall give notice of the impoundment as follows:

1. As soon as possible after impoundment notify the keeper, if known, of the impoundment by telephone, or if notification is not possible by telephone, then in writing. The notification shall contain a description of the dog, cat or other animal, any license number, the reason for the impoundment, and the terms upon which such dog, cat or other animal may be reclaimed. Written notice shall be served personally upon the keeper, or if the keeper cannot be found, then upon any person of suitable age and discretion residing at the keeper’s residence. If personal or substituted services cannot be accomplished, then notice shall be served by certified mail, return receipt requested.

2. If the keeper of an impounded dog, cat or other animal is unknown, then written notice of the impoundment containing the information required under subsection (B)(1) of this section shall be posted as soon as possible after impoundment in a conspicuous place at the animal shelter and at City Hall.

C. Reclaiming. A keeper of a dog, cat or other animal may reclaim such dog, cat, or other animal by paying all:

1. Impound fees;

2. Boarding fees; and

3. Applicable license fees as established by resolution of the city council pursuant to the provisions of PMC 7.04.040 and 7.04.061.

D. Disposition. Any dog or other animal which is not claimed by its keeper or an authorized representative thereof within one hundred hours of notice of the impoundment having been given to its keeper shall become the property of the county and may be placed for adoption in a new home subject to the payment of applicable fees as established by resolution of the city council pursuant to the provisions of PMC 7.04.040 and 7.04.061, or the animal shall be humanely euthanized. (Ord. 925, 2022).

7.04.195 Care of impounded animals.

Injured or diseased animals impounded needing medical care may be delivered to a veterinarian for treatment and the cost of treating and maintaining an animal in a veterinary hospital shall be paid by the keeper of such animal. (Ord. 925, 2022).

7.04.198 Removal of impounded animal without payment of fees.

No person, unless authorized by the Garfield County sheriff’s department, shall remove, allow or cause to be removed from the animal shelter any animal without the payment of the impound fee, boarding fee and other fees established pursuant to the provisions of PMC 7.04.061. (Ord. 925, 2022).

7.04.200 Impoundment – Interference with officer.

A person shall be deemed to have committed a civil infraction and for each violation and shall be fined not to exceed the sum of $500.00. (Ord. 925, 2022).

7.04.210 Disposition of dangerous animal.

Whenever it appears to a law enforcement officer attempting to impound a dog (under the provisions of this chapter) that such a dog is dangerous to the public, and capture cannot be performed safely and promptly, the officer is authorized to destroy the dog. (Ord. 925, 2022).

7.04.220 Repeal of prior ordinances.

Ordinances 672, 675, and 680 are hereby repealed. (Ord. 925, 2022).