Chapter 6.16 DOG CONTROLS

D. “Code enforcement officer” shall mean any police officer of the city of Prosser, any limited commission officer, the building official, and the code enforcement officer.

E. “Harboring” means allowing any animal to remain, be lodged, fed or sheltered on a property one owns, occupies or controls for more than ninety-six hours.

F. “Kennel” means any kennel or structure wherein three but not more than five animals over ten weeks of age are kept.

G. “Neutered” means any animal which has been neutered or spayed as shown by written verification of such from a licensed veterinarian.

H. “Owner” means any person or legal entity having a possessory property right in a dog or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by them.

I. “Under control” shall mean the animal is under voice and/or signal control so as to thereby be restrained from approaching any bystander or other animal and from causing or being the cause of physical damage when off a leash or off the premises of the owner. (Ord. 3078 § 1, 2018: Ord. 2548 § 2, 2006).

6.16.020 Licensing required—Application—Tag issuance.

Every person who owns, keeps, or harbors any dog over the age of six months, within the city limits of the city of Prosser shall license such dog as provided herein. The owner, keeper, or harborer of the dog shall apply for a license in writing and the owner, keeper or harborer of the dog shall state the following on the application: the name, address and telephone number of the dog’s owner; the date of the application; the name, color, breed and age of the dog; that the dog has received a rabies vaccination; and that the dog’s rabies vaccination is current. After the city has accepted the dog license application and after the dog owner, keeper, or harborer pays the license fee to the city, the city shall issue to the dog owner a numbered receipt and a numbered metallic tag. The city shall deliver a copy of the receipt evidencing the dog license to the code enforcement officer. (Ord. 2548 § 3, 2006).

6.16.030 Fees.

The city council shall adopt a resolution establishing the amount of the fees pursuant to this chapter. (Ord. 2548 § 4, 2006).

6.16.050 Tags—Replacement fee.

In the event that the metallic license tag issued for an animal shall be lost, the owner may have the current metallic license tag replaced upon the payment of the established fee to the city of Prosser. (Ord. 2548 § 5, 2006).

6.16.060 Tags—Misuse prohibited.

No person shall use for any dog a license receipt or license tag issued for another dog. No person shall use a license tag which is not a current tag. (Ord. 2548 § 6, 2006).

6.16.070 Kennels—Animals to be licensed—Maximum number permitted.

Any dog kept within a licensed kennel shall be individually licensed. It shall be unlawful to keep or harbor more than three dogs which are ten weeks of age or older unless they are kept in an approved kennel. (Ord. 2548 § 7, 2006).

6.16.080 Kennels—Licensing procedure—Fees.

No person may operate a kennel within the city of Prosser without first having obtained a kennel license from the city. This section shall not apply to the city of Prosser which is exempt from the terms of this section. The city of Prosser shall only issue a kennel license in accordance with the following rules and procedures:

A. The applicant shall complete a kennel license application on a form provided by the city and pay to the city of Prosser a license fee, as established in the city’s fee schedule. Kennel licenses expire on December 31st each year. The owner of the kennel is required to renew their kennel license and pay the license fee as established in the city’s fee schedule. By applying for a kennel license, the applicant consents to a search of the kennel at any time without notice by the code enforcement officer.

B. Upon receipt of a completed application and payment in full of all application fees, the code enforcement officer shall inspect the kennel to ascertain whether the applicant is providing adequate shelter, water and sustenance for the number of proposed dogs for the kennel. The proposed kennel must be twenty-five feet from any neighboring residential structure. If the applicant intends to breed dogs, then the applicant shall provide proof that the applicant has a valid business license issued by the city of Prosser before the kennel license is issued. In the event that the code enforcement officer determines that the applicant is not in compliance with this section, then the code enforcement officer shall issue a statement to the applicant which notifies the applicant of the necessary changes required in order to proceed with the licensing procedure. In the event that the applicant does not make the necessary changes to his kennel or practices within thirty days after the code enforcement officer notifies him of his noncompliance with this section, then his application shall be deemed denied.

C. After the code enforcement officer determines that the applicant has complied with subsection B of this section, the code enforcement officer shall post for two weeks in a conspicuous place on the property notice that there is a pending request for a kennel license for the applicant’s property. In the event that the city of Prosser receives a written objection to the issuance of a kennel license within two weeks from the date that the notice was first posted on the property, then the city shall hold a public hearing within thirty days from the date the written objection was received by the city to determine whether the license should be issued. The city council shall determine whether the kennel license should be issued after balancing the conflicting factors of the need of the applicant for the license and the negative effect of the kennel on the surrounding neighborhood. In the event that the needs of the applicant outweigh the detriment to the surrounding neighborhood, then the city council shall approve the application. In the event that the negative effect of the kennel outweighs the needs of the applicant, then the city council shall deny the application. The city council shall make the final determination whether the kennel license shall be issued.

D. If the applicant’s dog has a litter then the applicant shall provide the code enforcement officer with the following information with regard to such litter on or before ten days after the date on which the litter is born:

1. The date on which the litter was born;

2. Number of puppies in the litter;

3. Breed of the puppies; and

4. Sex of the puppies.

E. The kennel license may be revoked by the code enforcement officer as follows:

1. If the applicant does not pay all fees to maintain his kennel license.

2. If the applicant fails to comply with the terms of this section.

3. If the applicant violates the provisions of this chapter, Chapter 6.40, or Chapter 6.45.

F. The code enforcement officer shall follow the following procedure to revoke a kennel license:

1. The code enforcement officer shall send a notice to the applicant that their kennel license is revoked effective to a date which is ten business days after the mailing of such notice.

2. The applicant may appeal such revocation by filing a written notice of appeal with the code enforcement officer before the effective date of the revocation of the kennel license. The code enforcement officer shall hold a hearing with the applicant and determine whether the kennel license should or should not be revoked. The revocation of the kennel license shall be stayed until ten days after the code enforcement officer notifies the applicant of the results of the code enforcement officer’s decision whether or not to revoke the kennel license.

3. If, after a hearing, the code enforcement officer determines that the applicant’s kennel license should be revoked, then the applicant may appeal the code enforcement officer’s decision to the Prosser city council on or before the date that the revocation becomes effective. This appeal shall be a de novo appeal and will be scheduled within thirty days before the city council upon the payment of the appeal fee. The revocation of the kennel license shall be stayed until ten days after the city council notifies the applicant of the results of the city council’s decision whether or not to revoke the kennel license. The decision of the city council shall be final. (Ord. 2999 § 1, 2017: Ord. 2548 § 8, 2006).

6.16.090 Tags—Animal to wear at all times.

Every owner shall securely fasten the metallic city of Prosser animal license tag to his or her animal’s chain, collar, or harness and shall ensure that the metallic license tag is worn by the animal at all times. (Ord. 2548 § 9, 2006).

6.16.100 Animals at large prohibited.

No owner shall allow his or her animal, licensed or not, to be at large. (Ord. 2548 § 10, 2006).

6.16.105 Barking animals.

A. It is unlawful for any person to permit any animal to cause annoyance, alarm, or disturbance for more than fifteen minutes at any time of the day or night by permitting the animal to repeatedly bark, whine, howl, or other like sounds which can be heard beyond the boundary of animal owner’s residence.

B. In addition to being cited for a civil infraction for the violation of this section, any person who harbors such an animal maintains a public nuisance and shall remove the offending animal from the city limits of the city of Prosser for a period of one year from the date any civil infraction is committed. A person who has been ordered to remove their animal from the city limits of the city of Prosser in accordance with this section and who allows that animal to be within the city limits of the city of Prosser during that one-year period shall be guilty of a gross misdemeanor and be punished as provided in RCW 9A.20.021(2) and shall be further ordered to remove the offending animal from the city limits of the city of Prosser for a two-year period from the date of the conviction.

C. The mayor, or his designee, is authorized to adopt administrative policies to enforce this section.

D. Violation of this section shall be a civil infraction punishable as provided for in Section 6.16.220. (Ord. 2978 §§ 1, 2, 2016: Ord. 2948 § 1, 2015: Ord. 2548 § 11, 2006).

6.16.115 Cleaning up after pets.

A. No person shall cause or allow any pen, yard, or kennel run, or other structure wherein any animal may be kept, to become unclean or unsanitary because of the failure to remove and dispose of filth, trash or excrement of any kind.

B. Any owner of an animal shall promptly remove and dispose of all feces left by the animal on any public property and on any private property not owned by such person or lawfully occupied by such person. All such feces shall be disposed of in a trash receptacle or other container commonly used for the disposal of waste products.

C. No owner shall allow their animal to scatter refuse upon the property of another person. In addition to any citation under this code, the code enforcement officer shall require the owner of an animal who has scattered refuse on the property of another to remove all such refuse scattered by his or her animal. An owner of an animal who fails to clean up the refuse scattered by his or her animal after ordered to do so by the code enforcement officer shall be in violation of this section. (Ord. 2548 § 12, 2006).

6.16.125 Nuisance abatement.

In addition to any criminal citation or citation for a civil infraction pursuant to this title, the city may seek an order from the Superior Court of the State of Washington to abate any nuisance established by this chapter. Sections 6.16.080, 6.16.100, 6.16.105 and 6.16.115 are hereby declared public nuisances under this code. In the event that the city files an action to abate such nuisance, then it shall be entitled to recover its reasonable attorneys’ fees and costs for maintaining such action. (Ord. 2548 § 13, 2006).

6.16.130 Impoundment—Code enforcement officer powers and duties.

In addition to the other penalties provided for violation of this chapter, the code enforcement officer may seize and impound any animal if the owner allows it to be in violation of any section of this chapter, or which is not licensed or tagged. The code enforcement officer shall use his sole discretion in determining whether an animal shall be impounded. (Ord. 2548 § 14, 2006).

6.16.140 Impoundment—Notice required—Method and contents.

If an animal is licensed and is wearing a license tag, or if the identity of the owner is known, then within twenty-four hours after the animal is impounded, the owner may be notified by posting notice on the front door of the owner’s residence or by certified mail that his animal has been impounded and may be redeemed as provided.

A notice that is sent by certified mail shall be in substantially the following form:

NOTICE OF IMPOUND

To Whom It May Concern: DATE:

I have this day seized and impounded in the City animal shelter a dog described as follows:

Sex ______ Color __________ Breed ___________ Approx. Age _____ Other Identification __________ Name of Owner _____________________

Notice is hereby given that unless said dog is claimed and redeemed on or before _____ o’clock __ m., the ____ day of ________ 20___, the same will be sold or destroyed as provided by Ordinance.

Signed ____________________

(Ord. 2548 § 15, 2006).

6.16.150 Redemption fees—Treatment of unredeemed animals.

Any impounded animal may be redeemed by the owner by the payment of an impound fee and a boarding fee; provided, that if the dog’s owner redeems the dog before midnight on the day the dog is impounded, then the impound and boarding fees shall not be assessed. If the animal has no valid license tag, then the owner shall also obtain a license tag for the current year. If an impounded animal is not claimed and redeemed within the first three business days, then the animal may be adopted or given away or destroyed, whichever the animal control officer deems necessary.

All impounded dogs shall be given an inoculation for the Parvo virus and all owners who redeem their dogs shall pay a fee for this inoculation. (Ord. 2548 § 16, 2006).

6.16.155 Adoption procedures and fees.

Any person who desires to adopt an animal from the city animal impound shall complete an application form provided by the city which will include a waiver of liability and pay the established fee. Application fees due to the city shall also be paid at the time the animal is delivered to the applicant. If, within six months of the date of adoption or such greater period of time as allowed by the city animal control officer, the applicant presents proof that the adopted animal which was not neutered at the time of adoption has been spayed or neutered, the city will refund fifty percent of the adoption fee. In the event that an animal is scheduled to be euthanized, the code enforcement officer may waive the adoption fee and license fee, provided a nonprofit animal rescue organization is willing to take and care for the animal. (Ord. 2548 § 17, 2006).

6.16.160 Impoundment of stray animals.

Any stray animal running at large within the city of Prosser may be seized and impounded. (Ord. 2548 § 18, 2006).

6.16.170 Biting to be reported.

In addition to and not in the way of limitation of the provisions of Chapter 6.40 or 6.45, any person who has knowledge of an animal bite shall report that animal bite to the code enforcement officer or after normal business hours to the Prosser police department, who shall investigate the case and may order the offending animal to be impounded at any time during the fourteen days next following the date of the bite. This may be done on the owner’s premises at the code enforcement officer’s discretion. This is in addition to the general authority of the code enforcement officer to impound such animal. (Ord. 2548 § 19, 2006).

6.16.180 Rabies—Procedure upon outbreak.

Upon the outbreak of rabies, in the judgment of the Benton-Franklin health department, quarantine of all animals for a period as required by the Benton-Franklin health department will be required, and all owners shall be required to vaccinate their animals against rabies by the administration of a vaccine that meets the applicable federal standards. (Ord. 2548 § 20, 2006).

6.16.200 Injury or death by vehicle—Duty to report.

It is the duty of every person operating or driving a vehicle involved in an accident resulting in an injury or death of an animal to immediately report the same to the Prosser police department or the code enforcement officer. (Ord. 2548 § 21, 2006).

6.16.210 Interference with code enforcement officer prohibited.

A. It is unlawful for any person to interfere with or molest the code enforcement officer or remove any animal in the custody of the code enforcement officer without his or her permission.

B. It is unlawful for any person to tamper with the city animal pound, or any animal therein, or to release or attempt to release any animal from the city animal pound, or for any person other than the animal control officer, a city police officer, or other authorized person to be in or about the premises of the city animal pound at any time.

C. Every person, firm or corporation convicted of a violation of this section shall be guilty of a gross misdemeanor and be punished as provided in RCW 9A.20.021(2). (Ord. 2548 § 22, 2006).

6.16.220 Violation—Penalties.

Except as otherwise provided in this chapter, any violation of this chapter shall constitute a civil infraction. Civil infractions shall be written in conformance with the procedures provided for in Chapter 6.50 of this title. The fine amount of the civil infraction shall be in accordance with Chapter 6.50. (Ord. 2548 § 23, 2006).

6.16.990 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. 2548 § 24, 2006).