Chapter 8.04 ANIMAL CONTROL

In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used herein shall be given their common and ordinary meaning. In addition, the following definitions shall apply:

1. “Abatement” means the termination of any violation by reasonable and lawful means determined by the animal control authority to seek and obtain compliance with this chapter.

2. “Adult dog” means one of either sex, altered or unaltered, that has reached the age of six months.

3. “Animal control authority” means the Port Townsend police department and any contracted service providers.

4. “Animal control officer” means any individual employed, contracted, 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 licensing of animals, control of animals, or seizure and impoundment of animals.

5. “At large” means off the premises of the owner and not under restraint by leash. An animal is not “at large” if it is on the property of another person and is off-leash with that person’s permission.

6. “Cat” means a member of the species Felis catus and commonly known as the domestic cat.

7. “City” means the city of Port Townsend or its designated service providers.

8. “Companion animal” means any species of animal commonly kept by inhabitants of Washington State as a pet or for companionship, except that snakes exceeding eight feet in length, venomous reptiles (regardless of whether the venom glands have been removed), and venomous amphibians (regardless of whether the venom glands have been removed) are not companion animals, even if such animals are commonly kept by inhabitants of Washington State as pets or for companionship.

9. “County” means Jefferson County or its designated service providers.

10. “Dangerous dog” means any dog that according to the records of the animal control authority: (a) has inflicted severe injury on a human without provocation while on public or private property as defined in Chapter 16.08 RCW; (b) has killed a domestic animal without provocation while off the owner’s property; or (c) has been previously found to be potentially dangerous, the owner has received notice of such potential and the dog subsequently aggressively bites, attacks, or endangers the safety of humans or domestic animals. This definition shall not include a police dog as defined in RCW 4.24.410.

11. “Dog” means a member of the species Canis lupus familiaris and commonly known as the domestic dog.

12. “Harboring, keeping, or maintaining an animal” means performing any of the acts of providing care, shelter, protection, refuge, food, or nourishment in such manner as to control the animal’s actions, or, that an animal is treated as living at one’s house by the homeowner.

13. “Infraction” means a noncriminal violation of any of the provisions of this chapter.

14. “Juvenile” means any dog or cat, altered or unaltered, that is under the age of six months.

15. “Kennel, animal” means any site where four or more companion animals of the same species over the age of one year are kept, whether such keeping is for pleasure, profit, breeding, or exhibiting, including places where said animals are boarded, kept for sale, or hire. For purposes of this chapter, the keeping of fish shall not count towards the limit on companion animals.

16. “Leash” shall mean a cord, strap, or chain of sufficient strength to prevent the dog from violating PTMC 9.02.165. For purposes of this definition, “leash” does not include an electronic leash or other similar device where a competent person in control of the animal is not holding a cord, strap, or chain directly attached to the animal.

17. “Livestock” means animals, such as horses, cattle, pigs, goats, or poultry, kept for their services or raised for food and other products.

18. “Owner” means any person having an interest in or right of possession, or having control or custody of any animal. By reason of the animal being seen residing consistently at a location, a person may be reasonably presumed to be the owner.

19. “Pack of dogs” means a group of two or more dogs running at large.

20. “Person” includes an individual, partnership, firm, joint stock company, corporation, trust or association or other legal entity.

21. “Potentially dangerous dog” means any dog that when unprovoked: (a) bites 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 (c) any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of humans or domestic animals.

22. “Securely enclosed” and “securely confined” shall have the same meaning: kept within a pen or structure which has secure sides and a secure top which prevents the entry of young children and is designed to prevent the animal from escaping. Such pen or structure shall provide protection from the elements for the animal. If the pen or structure does not have a bottom seamed to the sides, then the sides shall be embedded in the ground no less than one foot.

23. “Shelter” means a facility which is used to house or contain stray, homeless, abandoned, or unwanted animals and which is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization or person devoted to the welfare, protection, and humane treatment of animals.

24. “Small animal husbandry (commercial)” means the raising of mink, fox, nutria, rabbits, pigs, sheep, goats, chickens, turkeys, guinea hens, and similar small animals and fowl not for the primary consumption of or used by the occupants of the premises.

25. “Small animal husbandry (noncommercial)” means the raising of small animals for the primary consumption of or used by the occupants of the premises.

26. “Stables, private” means an accessory structure providing shelter for horses, ponies, etc.

27. “Wild or exotic animal” shall have the same definition as in PTMC 9.44.020. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 1, 1996; Ord. 2114 §§ 1, 4, 8, 1988; Ord. 2056 § 1, 1986; Ord. 1969 § 1, 1983).

8.04.015 State statutes adopted by reference.

The city adopts by reference, as now or hereafter amended, the following chapters of RCW Title 16: Chapters 16.08, Dogs; 16.24, Stock Restricted Areas; and 16.52, Prevention of Cruelty to Animals. Provisions of this code supplement and add to state statutes. In the event of any conflict between these statutes and any provision of this code, the state statute shall apply. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009).

8.04.020 Fees and fines deposited in expense fund.

All fees and fines collected under this chapter shall be deposited in the city current expense fund. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 43, 1983).

8.04.025 Adopted by reference includes amendments and additions – Copies of materials adopted by reference.

Other statutes, ordinances, schedules, codes or regulations that are referenced in this chapter or adopted by reference are hereby incorporated herein, and include all amendments and additions thereto. Copies of materials adopted by reference shall be maintained in the city clerk’s office and shall be available for use and examination by the public, and shall be made available for purchase at the city clerk’s office. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009).

Article II. Licenses

8.04.030 Dog license – Required.

It is unlawful for any person to own, keep, or have control of any dog over the age of six months in the city for more than 30 days unless the person has procured a license as provided in this chapter. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 25, 1983).

8.04.035 Proof of vaccination required.

All dogs, cats, or ferrets six months of age or older shall be vaccinated against rabies. If the animal is being licensed, the owner of such dog/cat shall provide the licensing agent with proof of vaccination of such dog/cat. This section shall not apply to any animal when a licensed veterinarian provides a statement that the animal is not able to be vaccinated because the animal has health issues that prevent vaccination without further risk to the animal. An owner who refuses to provide proof of such vaccination or veterinarian’s statement upon request by the licensing agent or his/her designee shall be deemed to have failed to provide such proof. (Ord. 3149 § 1 (Exh. A), 2017).

8.04.040 Dog license – Fees – Waived when.

A. The following fees shall be paid for licenses under this chapter:

1. For each dog spayed or neutered (upon proof of spaying or neutering), the fee in the fee schedule adopted by Jefferson County for this license or service;

2. For each dog not spayed or neutered, the fee in the fee schedule adopted by Jefferson County for this license or service.

B. Licenses and tags shall be provided free of charge by the city to hearing aid dogs properly trained to assist the hearing-impaired and to guide dogs properly trained to assist blind persons when such dogs are actually being used to assist the hearing-impaired or blind person in the home or in going from place to place; to dogs being currently trained for such purpose in a school or program approved or accredited by a professional organization or association, either for profit or not for profit; and to young dogs being raised, to be trained on reaching maturity as guide dogs, under the 4-H program known as “Guide Dogs for the Blind.” Licensing agents, in writing such licenses, shall insert the words “Hearing Aid” or “Guide Dog” in the space allotted for, and in place of, a stated fee. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2188 § 1, 1990; Ord. 1969 § 26, 1983).

8.04.050 Dog license – Issuance – Tags – Microchips.

A. Licenses shall be issued by the city or its agents to persons applying therefor upon payment of the license fee as provided in PTMC 8.04.040. A tag shall be issued for each dog licensed.

B. The license shall be dated and numbered, and shall bear the name of the city, the name and address of the owner or keeper of the dog licensed, the name of the dog, and a description of the dog, including its age and sex. The tag shall bear a serial number corresponding with the number on the license.

C. It shall be the duty of every owner or keeper of a dog to keep a substantial collar on the dog and attached firmly thereto the license tag for the current year; provided, that this provision shall not be maintained to apply to a hunting dog in a controlled hunt by a competent person or to show dogs on the show grounds or to dogs engaged in formal obedience training.

D. As an alternative to a license tag, an animal may be identified as licensed by having a microchip implanted, with the microchip number on file with the animal licensing agent. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 28, 1983).

8.04.060 Dog license – Available when.

Dog licenses shall be made available to applicants for a two-year period from the date of purchase. Dogs wearing expired licenses may be seized and impounded. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 27, 1983).

8.04.070 Dog license – Due when – Late penalty.

Repealed by Ord. 3023. (Ord. 1969 § 27, 1983).

8.04.080 Lost tags – Replacement fee.

Lost tags may be replaced by a substitute identification tag upon payment of the fee in the fee schedule adopted by Jefferson County for this fee or service. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 30, 1983).

8.04.090 License tag removal unlawful.

It is unlawful for any person other than the owner or keeper to remove a license tag from any dog licensed under the provisions of this chapter. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 31, 1983).

8.04.100 Unlicensed dogs – Impoundment.

All dogs not licensed under this chapter, or which do not exhibit the license identification tag as provided in PTMC 8.04.050, are in violation of this chapter and may be seized or impounded. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 32, 1983).

8.04.110 Animal kennel – License required.

It is unlawful for any person to own, maintain, or operate a kennel in the city unless the person has procured a kennel license. Kennel licenses shall be issued by the city. A person may have more than four chickens on residential property, without having a kennel license, as long as the chickens are kept as companion animals. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 33, 1983).

8.04.120 Animal kennel license – Fees – City authorization required.

The following fee shall be paid for a kennel license under this chapter:

A. The fee in the fee schedule or ordinance adopted by Jefferson County for this license or service regardless of the size of the kennel operation shall be paid. All kennel licenses granted under this chapter shall be due and payable the first day of January each year. If the kennel license fee is not paid on or before February 28th of each year, the applicant shall pay a penalty fee in the fee schedule or ordinance adopted by Jefferson County for penalty in addition to the regular fee as stated above; provided, the applicant shall not pay the penalty fee if the applicant has owned, maintained, or operated a kennel for one month or less.

B. No kennel license shall be issued without the applicant first obtaining written authorization for such kennel from the city, and presenting such authorization to the licensing agent at the time of applying for the kennel license. Such written authorization to the licensing agent at the time of applying for the kennel license shall not be required in subsequent years unless the location of the kennel has changed. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 35, 1983).

8.04.130 Kennel license – Inspection required.

Prior to the issuance of a kennel license, or the yearly renewal of same, the city or its authorized agent may, between the hours of 9:00 a.m. and 5:00 p.m., upon notice, enter the premises of the applicant and make a personal inspection to ascertain the number of dogs, cats, or other small animals maintained by the applicant, to determine if the applicant has proper facilities to maintain and care for such dogs, cats, or other small animals, and to determine if the applicant is providing the dogs, cats, or other small animals with the necessary sustenance and drink. Entry for such inspection shall not constitute a trespass. Upon issuance of the kennel license, the premises of the licensee may be subject to inspection upon the same conditions as above, for the reasons stated in this section. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 36, 1983).

8.04.140 Kennel license – Dogs to be tagged.

Repealed by Ord. 3023. (Ord. 1969 § 34, 1983).

Article III. Regulations

8.04.150 Leash requirements.

Repealed by Ord. 3149. (Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 13, 1983).

8.04.160 Animals at large prohibited.

A. Unless otherwise allowed by this section, it is unlawful for any person to allow an animal to be at large;

B. Except as provided for in subsection A of this section, a dog may be at large within the city limits only in areas designated by the city council by resolution;

C. Any animal in violation of this section is declared to be a nuisance and may be immediately seized and impounded. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2963 § 1, 2008; Ord. 1969 § 4, 1983).

8.04.170 Running in packs prohibited.

It is unlawful for any person to permit or fail to prevent any animal under that person’s control to run in a pack. The same is a nuisance and any such animal may be seized and impounded. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 11, 1983).

8.04.180 Animals at large – Impoundment.

Any animal at large in the city is a nuisance, and may be seized and impounded. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 12, 1983).

8.04.190 Animals at large – Release to authorities.

Each person who shall take into his/her possession any at large animal not placed in his/her possession by the person having lawful ownership, custody or control thereof, should notify the city. It is unlawful to refuse to release such animal to the city upon demand and without charge. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 14, 1983).

8.04.195 Mandatory spaying or neutering of adopted animals.

Any person adopting an unspayed or unneutered dog or cat from any animal shelter, pound, humane society or similar shelter or association in or under contract with the city shall have the animal spayed or neutered on or before the date to be specified in a written adoption agreement. However, if a licensed veterinarian states in writing that the date specified in the adoption agreement is inappropriate for the animal in question, the adoption agreement may be modified accordingly upon submission of a written statement from a licensed veterinarian to the officer at the shelter or pound who is responsible for ensuring compliance with this section. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2188 § 4, 1990).

8.04.200 Barking and other noise prohibited.

Animal noise shall be regulated as set forth in PTMC 9.09.030(C)(8). (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2447 § 1, 1995; Ord. 1969 § 7, 1983).

8.04.210 Accessible female in heat prohibited when.

It is unlawful for any owner to keep a female animal, while in heat, under circumstances where the animal is accessible to other animals except for purposes of controlled and planned breeding. Any such animal, while in heat, accessible to other animals is a nuisance and may be immediately seized and impounded. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 5, 1983).

8.04.220 Chasing or obstructing vehicles prohibited.

It is unlawful for any owner or keeper to suffer or permit any animal to in any manner obstruct, chase, run after or jump at vehicles lawfully using the public streets, avenues, alleys, and ways. The same is a nuisance, and any such animal may be seized and impounded. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 9, 1983).

8.04.230 Injuring property prohibited.

It is unlawful for any owner to suffer or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value. The same is a nuisance and any such animal may be seized and impounded. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 8, 1983).

8.04.240 Harassing pedestrians prohibited.

It is unlawful for any owner to keep or harbor without restraint or confinement any animal that frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys or public places. The same is a nuisance and any such animal may be seized and impounded. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 1969 § 10, 1983).

8.04.250 Destruction of injured or diseased animals.

Decodified. (See PTMC 8.04.372.) (Ord. 3023 § 1(Exh. A), 2009; Ord. 2188 § 2, 1990; Ord. 1969 § 15, 1983).

8.04.255 Owner surrender fees.

An owner of any companion animal may surrender and relinquish to the animal control authority, and the animal control authority in its discretion may accept, any such companion animal to be placed for adoption or other disposition. In the event that such a pet is surrendered to the animal control authority, the animal control authority shall collect from the owner a surrender fee in the amount established in the Jefferson County fee schedule. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2188 § 5, 1990).

8.04.260 Quarantine for biting animals.

A. Any animal that bites or otherwise breaks the skin of any person, regardless of whether that person is on public or private property, may be impounded and quarantined for at least 10 days to determine whether the animal is infected with any disease that may have been transmitted to the victim. If approved by the impounding authority, the owner or keeper may quarantine the animal on his/her premises. It is a violation of this chapter to refuse required quarantine of an animal which has broken the skin of any person.

B. Kennel fees for the quarantine period are to be paid by the owner of the animal, and release of the animal is conditioned upon payment of these fees. Ownerless animals shall be humanely destroyed and referred to the local health department for analysis.

C. During the period of any quarantine, the owner or keeper of a quarantined animal shall not allow the animal to come into contact with any other animal or person or permit such animal to run at large outside of the premises where quarantined or upon the premises itself unless said premises be enclosed by a secure fence from which the animal cannot escape. When the fence encloses the access to the premises, the animal must be restricted to leave free access to those persons lawfully entering the premises. The owner or keeper shall not remove or cause the animal to be removed from the premises without the prior consent of the health officer. These restrictions shall continue until the animal is released from quarantine. Any animal found running at large or which is removed from the premises where quarantined shall be impounded, and unless claimed and redeemed by its owner or keeper within two days after the expiration of the quarantine period may be destroyed by the proper authorities. Further, a dog under quarantine which attacks or bites any person or domestic animal while running at large shall be deemed and automatically declared to be a potentially dangerous dog or dangerous dog under PTMC 8.04.010(10) and/or (21) and shall be destroyed at the end of the quarantine period, and in addition to any other penalties prescribed herein, the owner or keeper or person having care of such dog shall be in violation of PTMC 8.04.274 and subject to the penalties set forth therein. Upon redemption of a dog, cat, or other animal released from quarantine from the city’s animal shelter the owner or keeper shall pay the same service fee and board fee for any dog, cat, or other animal quarantined in the shelter as provided for in this chapter; provided, however, that if the animal is brought to the pound by the owner or keeper, the service fee shall be waived. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2114 § 3, 1988; Ord. 2056 § 3, 1986; Ord. 1969 § 16, 1983).

8.04.270 Declaration of dogs as potentially dangerous – Procedure.

A. The animal control authority shall classify potentially dangerous dogs. The animal control authority may find and declare a dog potentially dangerous if an animal control officer has probable cause to believe that the dog falls within the definitions set forth in PTMC 8.04.010(21). The finding must be based upon:

1. The written complaint of a citizen; or

2. Any dog bite report filed with the shelter or city; or

3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or

4. Other substantial evidence.

B. The declaration shall be served in the same manner as a notice of declaration that a dog is dangerous as set forth in RCW 16.08.080.

C. If the owner of the dog wishes to object to the declaration, he or she may request a meeting with the police chief by filing a request for such a meeting not later than 10 calendar days from the date of the notice. No person other than the dog’s owner may object to the declaration. The police chief may order restrictions placed on the dog as set forth in PTMC 8.04.272, or that the dog be confined or impounded pending the meeting and final decision.

D. The meeting shall be informal, but shall generally be conducted in accordance with the hearing examiner’s rules of procedure. The city shall bear the burden of proving that the dog is potentially dangerous by a preponderance of the evidence.

E. If the police chief finds the dog is potentially dangerous, he or she may, in addition to the requirements of this chapter, impose any additional conditions of confinement set forth in Chapter 16.08 RCW, as now exists or as may be amended hereafter, including, but not limited to, posting of warning signs and maintenance of liability insurance coverage. The police chief’s decision is the final administrative decision of the city. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3118 § 1, 2014).

8.04.271 Dangerous dogs.

There are hereby adopted for the city RCW 16.08.070 through 16.08.100 concerning dangerous dogs, as now or later amended, which are hereby incorporated by reference and constitute a part of the city’s animal control regulations codified in this chapter, except and in addition as follows:

A. RCW 16.08.080(1) is amended to read as follows:

The City department providing animal control service, and/or another public entity providing such service in the City pursuant to City contract, is authorized to declare a dog a potentially dangerous dog or dangerous dog as defined in RCW 16.08.070, and must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested.

B. “Authority” means the city department providing animal control service, and/or another public entity providing such service in the city pursuant to city contract.

C. “Local jurisdiction” means the city department providing animal control service, and/or another public entity providing such service in the city pursuant to city contract.

D. For purposes of RCW 16.08.070 through 16.08.100 concerning dangerous dogs, all functions and authority for actions authorized by said sections are under the control and authority of the city department providing animal control service, and/or another public entity providing such service in the city pursuant to city contract.

E. If an owner wishes to appeal a declaration that a dog is dangerous, the appeal must be filed with the city not later than 10 calendar days after the date of the declaration. The appeal will be heard by the hearing examiner. The hearing examiner’s decision is the final administrative decision of the city. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3118 § 2, 2014; Ord. 3023 § 1(Exh. A), 2009; Ord. 2943 § 1, 2007).

8.04.272 Restrictions on potentially dangerous dogs.

A. The owner of a dog that has been declared to be potentially dangerous must register the dog in the same manner as a dangerous dog as set forth in PTMC 8.04.274. The fee for registering a potentially dangerous dog shall be 75 percent of the amount to register a dangerous dog as set forth in fee schedule adopted by Jefferson County for this fee or service. This registration fee is in addition to regular licensing fees.

B. While on the owner’s property, a potentially dangerous dog shall be restrained by a physical fence, kennel, or sufficiently strong chain, leash, or other confinement suitable to prevent the dog from leaving the owner’s property (radio, electronic, or invisible fencing is not considered suitable).

C. While off the owner’s property, a potentially dangerous dog shall be under physical restraint with a leash and a muzzle. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3118 § 3, 2014).

8.04.274 Registration of a dangerous dog.

A. Registration Required. The owner of a dog declared to be dangerous by the animal control authority or by a court shall register the dangerous dog with the animal control authority pursuant to RCW 16.08.080 within 30 days of the date the dog is declared dangerous. Thereafter, the owner of the dangerous dog shall register the dog annually before or during the month of July.

B. Registration Expiration. Certificates of registration for dangerous dogs shall expire on June 30th of each year.

C. Registration Fee. The annual registration fee for a dangerous dog is the fee in the fee schedule adopted by Jefferson County for this fee or service. This registration fee is in addition to regular licensing fees.

D. Certificate of Registration Application. An application to obtain a certificate of registration of a dangerous dog shall contain the following information:

1. Name, address, and telephone number of the applicant owner;

2. Type, name, age, color, sex, and distinguishing characteristics of the dog;

3. A diagram to approximate scale, showing the secure enclosure proposed to confine the dangerous dog;

4. Evidence of the posting of the owner’s premises with a clearly visible warning sign that there is a dangerous dog on the property, and a conspicuously displayed sign with a warning symbol that informs children of the presence of a dangerous dog;

5. Pursuant to RCW 16.08.080, sufficient proof of:

a. A surety bond issued by a surety qualified under Chapter 48.28 RCW in the amount prescribed in RCW 16.08.080, including any amendments or additions thereto payable to any person injured by the dangerous dog; or

b. Sufficient proof of a liability insurance policy in the amount prescribed in RCW 16.08.080, including any amendments or additions thereto insuring the applicant owner for personal injuries inflicted by the dangerous dog.

E. Precertificate On-Site Inspection. An employee of the animal control authority shall make an on-site inspection of the applicant’s site for keeping the dangerous dog to ensure that the site is securely enclosed and posted. The inspection shall occur within 30 days of the dog being declared dangerous.

F. Noncompliance. In the event the owner of a dangerous dog fails to comply with the requirements of this section or RCW 16.08.080, the animal control authority may take immediate action to confiscate the dog pursuant to RCW 16.08.100. Rules and regulations for notifying owners of the confiscation of a registered dangerous dog shall be formulated by the animal control authority. In addition, and in accordance with RCW 9A.20.021 and 16.08.100, the noncompliant owner shall be guilty of a gross misdemeanor.

G. Issuance of Certificate of Registration. The animal control authority shall issue the certificate of registration, if the registration fee is paid and the application and site inspection show the applicant meets the requirements of this section and applicable state law. The certificate of registration shall contain its expiration date, and a statement of the applicable criminal penalties. The certificate of registration shall be prominently displayed by the owner of the dangerous dog in an appropriate location, as determined by the animal control authority.

H. Annual Inspections. Prior to the renewal of a certificate of registration, the animal control authority shall inspect the premises where the dangerous dog is kept at a time mutually convenient to both the animal control authority and the owner of the dangerous dog. The purpose of the annual inspection shall be to ascertain that the site remains in compliance with this section. The inspection shall occur during the month of June before the expiration of the certificate of registration. Failure of the owner of the dangerous dog to cooperate in the inspection may result in confiscation of the dog and further action pursuant to RCW 16.08.100 and subsection F of this section.

I. Change of Ownership Prohibited. An owner of a dog declared dangerous shall not sell or otherwise transfer the ownership, custody, or residence of the dog without first obtaining a written permission from the city authorizing the transfer. An owner or keeper seeking court approval shall notify the animal control authority of its intent. In determining whether to grant or deny approval, the city shall consider the following criteria:

1. The information set forth in subsection D of this section;

2. Any previous violations of this title by the proposed new owner;

3. The facilities (secure enclosure) proposed to contain the dog at its new site;

4. The characteristics of the neighborhood surrounding the proposed new owner’s premises, i.e., number of children, schools, day care facilities, etc.; and

5. If the transfer is outside the city limits, the city shall notify the receiving jurisdiction of the status of the dog as a dangerous dog. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 5, 1996).

8.04.276 Penalty for violation.

A. A person who is convicted of violating requirements imposed in accordance with PTMC 8.04.270 or 8.04.271 shall be guilty of a misdemeanor. The maximum penalty shall be a fine in the amount of $1,000, including statutory fees or incarceration in jail for a period not exceeding 90 days, or both such fine and imprisonment.

B. A person who is convicted of violating requirements imposed in accordance with PTMC 8.04.274 shall be guilty of a gross misdemeanor. The maximum penalty shall be a fine in the amount of $5,000, including statutory fees or incarceration in jail for a period not exceeding one year, or both such fine and imprisonment. Further, and in addition to such penalty, the dog shall be immediately confiscated and impounded by the animal control authority.

C. Any person found guilty of violating PTMC 8.04.271 or 8.04.274 shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the dog, and boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog. In addition, any potentially dangerous dog or dangerous dog, as defined in this chapter, which attacks a human being or domestic animal may be ordered destroyed at any time pursuant to court order.

D. In addition to all other penalties and remedies available to the city herein, any dog not controlled in accordance with PTMC 8.04.271 or 8.04.274 is declared to be a nuisance, subject to the abatement authority of the city of Port Townsend. The animal control authority shall be authorized to seize and impound any at large potentially dangerous dog or any dangerous dog found outside a secure enclosure.

E. The penalties stated in this section shall not be construed to limit or restrict prosecution of owners of potentially dangerous dogs and dangerous dogs under circumstances as stated in RCW 16.08.100(2), (3) and (4), as amended. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3118 § 4, 2014; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 6, 1996).

Article IV. Impoundment

8.04.280 Impoundment – Authorized officers – Location.

All confiscation and impounding of animals as provided for in this chapter shall be done by the animal control authority. Animals shall be impounded in the Jefferson County animal shelter or such other location as approved by the city manager. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 2, 1983).

8.04.290 Impoundment – Delegation of authority.

Whenever a power is granted to or a duty imposed upon the Port Townsend police department and/or the chief of police, that power may be exercised or the duty performed by an authorized officer under his/her direction, or by a specially commissioned agent, including but not limited to the animal control authority, as defined in PTMC 8.04.010. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 3, 1983).

8.04.300 Animal control authority and animal shelter – Interlocal agreement.

The city council may, by interlocal agreement, authorize Jefferson County and Jefferson County animal control services to act as the city’s animal control authority, and to provide animal shelter services on behalf of the city. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 17, 1983).

8.04.310 Animal control authority – Duties.

The animal control authority shall have all duties as defined by interlocal agreement and city ordinance, and shall be authorized to confiscate and impound all animals subject to confiscation or impoundment as prescribed by city ordinance, and such animals shall be provided with proper care, food and water while so confined. The animal control authority shall collect and dispose of all dead animals found on public lands in the city, and, if the owner is known, a reasonable fee may be collected therefrom for such services. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 18, 1983).

8.04.320 Enforcement – Police powers of animal control authority employees.

Designated employees of the animal control authority over the age of 21 years may be made special city police officers and charged with the duty of enforcing all ordinances of the city and the statutes of the state relating to the care, treatment, control, confiscation, impounding and licensing of animals. A special police officer’s commission shall be issued to such employees by, and at the discretion of, the chief of police and may be revoked at the will of the chief of police, and when so revoked, such appointment shall cease and be null and void. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 19, 1983).

8.04.330 Impoundment – Notice to owner – Holding period.

A. When any animal is confiscated and impounded under the provisions of this chapter, the animal control authority shall as soon as feasible notify the owner, if the owner is known, of such confiscation and impoundment and the terms upon which the animal can be redeemed. If the owner of the animal so confiscated and impounded is unknown, then the animal control authority shall make all reasonable efforts to locate and notify the owner of the impounding of the animal.

B. Any animal so impounded shall be held for the owner at least five days. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 20, 1983).

8.04.340 Redemption and disposition of animals other than livestock.

A. The owner of any animal, except livestock, which is impounded may redeem it subject to the following conditions: Payment of the fee in the fee schedule adopted by Jefferson County for this fee or service, plus meet other conditions for release of animal.

1. In addition to the impound fees, the owner shall also pay any and all unpaid license fee or fees in the case of a dog;

2. For all impounded animals, the owner shall pay prior to redeeming the animal the fee in the fee schedule adopted by Jefferson County for this fee or service, for board, care and feeding of the animal during the impound period.

B. If the animal is not redeemed by the owner within five days, the animal control authority, after complying with PTMC 8.04.330, may take the following action:

1. Hold the animal for an additional length of time for the owner;

2. Sell the animal as a pet to another person; or

3. Destroy or otherwise dispose of the animal.

C. If the animal is diseased such as to be an imminent threat to the public health or other animals, the animal may be immediately destroyed; provided the animal control authority has made a reasonable attempt to locate and notify the owner. Veterinary consultation at the discretion of the animal control authority may be provided.

D. For dogs and cats impounded the first time, the animal control authority may waive the impound fee for any such animal which is not spayed or neutered if, prior to the release of the animal, the owner volunteers the animal for spaying or neutering, deposits the fees for the spaying or neutering with the animal control authority, and the animal is spayed or neutered on or before a date specified in writing by the animal control authority or its agent.

E. For dogs and cats not spayed or neutered which are impounded a third time, the animal control authority shall require that the animal be spayed or neutered as a condition of its release to the owner on or before a date specified in writing by the animal control authority or its agent, and the owner shall deposit with the animal control authority, in addition to any other applicable fees, the fee for spaying or neutering of the animal.

F. In connection with the impoundment and redemption of dogs and cats not spayed or neutered, the animal control authority shall also do the following:

1. After the first impound and upon redemption, provide the owner with a notice, in a form established by the animal control authority, which shall include an acknowledgment by the owner that it does not want the animal spayed or neutered and have impound fees waived, if such is the case; that the animal will be required to be spayed or neutered upon the third impound of the animal within 12 months; and that the owner will have to pay all applicable fees and spay or neuter fees as a condition to redemption of the animal. Receipt of this notice shall be acknowledged by the owner in writing prior to redemption of the animal;

2. After the second impound within 12 months of the first, and upon redemption, a copy of the notice set forth in subsection (F)(1) of this section shall again be provided to the owner, specifying that this is the second impound within 12 months. The receipt of this notice shall be acknowledged by the owner in writing prior to redemption;

3. After the third impound within 12 months of the first, and upon redemption, a copy of the notice described in subsection (F)(1) of this section and specifying that this is the third impound within 12 months shall again be provided to the owner, and shall include a date by which the owner shall have the animal spayed or neutered. The receipt of this notice shall be acknowledged by the owner in writing prior to redemption.

G. Failure of an owner to have its animal spayed or neutered on or before the date specified by the animal control authority pursuant to this section, or failure by the owner to do so as may otherwise be required by this chapter, shall be a violation and punishable as set forth in PTMC 8.04.390. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 2188 § 3, 1990; Ord. 1969 § 21, 1983).

8.04.350 Adoption of unredeemed animals.

Any dog, cat, or other household pet which has not been redeemed, and which is subject to being destroyed under the terms of this chapter, may, at the option of the animal control authority, be retained and placed for adoption upon such terms and conditions as the animal control authority may deem appropriate. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 23A, 1983).

8.04.360 Redemption of livestock.

The owner of any livestock may redeem it within 72 hours from the time of its impoundment subject to the following conditions:

A. Payment of an impound fee in the fee schedule adopted by Jefferson County for this fee or service;

B. Payment of fee for board of the animal during the impound period beyond the first day of impoundment in the fee schedule adopted by Jefferson County for this fee or service;

C. In the case of livestock for which special transportation has been utilized, payment of a transportation fee in the fee schedule adopted by Jefferson County for this fee or service. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 22, 1983).

8.04.370 Sale – Notice required.

Any livestock not claimed and released upon required payment shall, at the expiration of 72 hours, be sold at public auction upon 10 days’ notice published in the city official newspaper, setting forth the time and place and describing the animal with reasonable certainty, and stating the name of the owner, if known, and if unknown, so stating. A copy of such notice shall be served upon the owner, if known to the animal control authority, at least one day before the sale. The animal control authority shall deduct from the proceeds of sale all expenses of feeding and caring for the animal and all expenses of advertising and selling the same, and shall retain the balance in reserve for six months from date of sale, and if unclaimed at the expiration of such period it shall revert to the animal control authority for operation of the animal shelter. No such money shall be paid any claimant except upon proof satisfactory to the animal control authority that he/she is entitled to the same. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 23, 1983).

8.04.372 Destruction of injured or diseased animals.

A. Any animal suffering from serious injury or disease may be destroyed by the animal control authority; provided, that the animal control authority shall notify the owner prior to destruction, if the owner is known, and, if the owner is unknown, make a reasonable attempt to locate and notify the owner. Veterinary consultation at the discretion of animal control authority may be provided.

B. At the request of the owner, and upon satisfactory proof of ownership, the animal control authority may destroy any dog, cat or other pet suffering from serious injury, advanced age, or disease.

C. The following fees shall be paid by the owner for services described in subsections A and B of this section: for each animal destroyed, the fee in the fee schedule adopted by Jefferson County for this fee or service. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996).

8.04.380 Interference with impounding prohibited.

Any person who opens the Jefferson County animal shelter or attempts to remove any animal impounded without permission, or in any way tampers with or damages the Jefferson County animal shelter, or who hinders, delays or impedes any officer in enforcement of the impounding provisions of this chapter commits a violation punishable as provided in PTMC 8.04.390 and/or under other applicable criminal laws. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 7, 1996; Ord. 1969 § 24, 1983).

Article V. Violations

8.04.390 Violation – Penalty – Subsequent violations.

Except as provided in PTMC 8.04.260, 8.04.274 and 8.04.276, any person who violates any provisions of this chapter shall have committed a civil infraction. The first violation shall be a Class 2 civil infraction. The subsequent violations of the same section of this chapter shall be a Class 1 civil infraction. The penalty for each violation shall be the default rate as provided for in RCW 7.80.120, and is inclusive of any mandatory statutory assessments. For each violation of a continuing nature, each day shall constitute a separate offense. A notice of civil infraction may be issued by the chief of police or his/her appointed officers or by a specially commissioned police officer. In the case of violations of PTMC 8.04.260, 8.04.274, and 8.04.276, the violations shall be prosecuted in accordance with applicable criminal court rules, and the city may also proceed under Chapter 1.20 PTMC to abate any such violation or violation constituting a nuisance. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 2056 § 4, 1986; Ord. 2036, 1986; Ord. 1969 § 37, 1983).

8.04.400 Violation – Nuisance abatement – By city when – Hearing – Costs.

Repealed by Ord. 3149. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 38, 1983).

8.04.410 Notice of infraction – Contents.

Repealed by Ord. 3149. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 39, 1983).

8.04.420 Notice of infraction – Response required – Contested determination – Hearing.

Repealed by Ord. 3149. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 40, 1983).

8.04.430 Hearing to contest determination of infraction – Procedure.

Repealed by Ord. 3149. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 41, 1983).

8.04.440 Payment of penalty.

Repealed by Ord. 3149. (Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 42, 1983).

8.04.450 Severability.

If any clause, sentence, paragraph, section or part of this chapter or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this chapter. To this end, the provisions of each clause, sentence, paragraph, section, or part of this law are declared severable. (Ord. 3149 § 1 (Exh. A), 2017; Ord. 3023 § 1(Exh. A), 2009; Ord. 2547 § 8, 1996; Ord. 1969 § 44, 1983).