Chapter 6.08
LIVESTOCK AT LARGE*
Sections:
6.08.010 Prohibited within city limits.
6.08.020 Impoundment—Notice—Adoption of animals.
6.08.030 Costs for services of city of Prosser.
6.08.040 Procedure to determine owner of animal.
6.08.090 Release of impounded livestock prohibited.
* For statutory authority for towns to prevent or regulate the running at large of any or all domestic animals within the city limits, and to cause the impounding and sale of any such animal, see RCW 35.24.290(2); for statutory provision for code cities to have the powers of cities of any class, see RCW 35A.21.160.
6.08.010 Prohibited within city limits.
It is unlawful for any owner or other controller of any horses, cattle, mules, asses, swine, sheep or goats, domestic fowl or other such livestock to allow such animals to be at-large within the city limits of the city of Prosser. In addition to its ordinary meaning, the term “allow” shall include the failure to adequately maintain or secure any fence, corral, pen or other such enclosure or animal transportation equipment when such failure results in the above-listed animals being at-large within the city limits of the city of Prosser. (Ord. 2549 § 2, 2006: Ord. 2154 § 1, 2000: Ord. 19 § 1, 1899).
6.08.020 Impoundment—Notice—Adoption of animals.
Any such animal referenced in Section 6.08.010 found so running at large in the city limits of the city of Prosser shall be impounded in the city pound or other suitable place by the code enforcement officer. The procedures for the impoundment of dogs provided for in Chapter 6.16 shall be used for the impoundment of animals pursuant to this section except as provided for in Section 6.08.030. If the owner cannot be found, then the animal may be adopted in the same manner as dogs may be adopted pursuant to Chapter 6.16. No city employee or official may adopt such animal. (Ord. 2549 § 3, 2006: Ord. 19 § 2, 1899).
6.08.030 Costs for services of city of Prosser.
In order for an owner to redeem or for a person to adopt an animal impounded pursuant to this chapter any such owner or person who adopts an animal impounded by the city of Prosser pursuant to this chapter shall, in addition to all adoption fees due, pay all costs incurred by the city of Prosser due to the impoundment of the animals described in Section 6.08.010, which shall include but is not limited to the wages and benefits of all city employees together with the cost of use of any equipment and the actual cost of maintaining such animals including any attorneys’ fees incurred by the city. (Ord. 2549 § 4, 2006: Ord. 2154 § 2, 2000: Ord. 19 § 3, 1899).
6.08.040 Procedure to determine owner of animal.
Before an animal impounded pursuant to this chapter is returned to its owner such person shall provide proof that he or she is the owner of such animal. Either a bill of sale showing ownership of the animal or in the absence thereof a statement by the owner given under penalty of perjury that he or she is the owner of the animal shall be sufficient. In the event that more than one person claims ownership of the animal, then the two owners shall resolve the dispute in a court of competent jurisdiction. All costs as provided for in Section 6.08.030 shall continue to accrue until the dispute between the alleged owners is resolved. (Ord. 2549 § 5, 2006: Ord. 19 § 4, 1899).
6.08.090 Release of impounded livestock prohibited.
If any person shall break open or in any manner aid or assist in breaking open any pen, pound or enclosure with the intention of releasing any animal therein confined by virtue of this chapter, every such person shall, on conviction, be punishable as set forth in Section 1.28.010 of this code. (Ord. 917 § 2(c) (part), 1974; Ord. 19 § 9, 1899).
6.08.110 Violation—Penalty.
Except as otherwise provided herein, violation of this chapter shall be a civil infraction. (Ord. 2549 § 7, 2006: Ord. 2154 § 4, 2000).
6.08.990 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2549 § 8, 2006).