Chapter 5.20 ANIMAL CONTROL

It is the intent of the city council of the city of Ritzville to secure and maintain such levels of animal control as will protect human health and safety and to the greatest degree practicable to prevent injury to property; to provide a means of licensing and controlling animals to prevent public nuisance; and further to assist in the return of licensed animals to their owners. (Ord. 742 § 1, 1985).

5.20.020 Definitions.

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

“Abatement” means the termination of any violation by reasonable and lawful means determined by the animal control officer in order that a person or persons presumed to be the owner shall comply with this chapter.

“Animal control officer” means any individual employed, contracted or appointed by the mayor of the city of Ritzville for the purpose of aiding in the enforcement of this chapter. With respect to enforcement powers, animal control officer also refers to the health officer, whether or not specifically referenced, or his/her lawful deputies and other law enforcement officers.

“At large” means unrestrained, not under control of the owner or his authorized, competent representative as hereinafter defined.

“Dog” means a domesticated male or female canis familiaris, bred in a great many varieties, over the age of six months.

“Dog hybrid” means any animal which genetically is the result of cross-breeding between any type of dogs (canine familiaris) and wolves (canis lupus) or coyotes (canis latrans).

“Exotic or dangerous animal” includes all animals except domestic livestock including cows, sheep, goats, pigs, horses, oxen, fowl, burros, donkeys, ponies and except nonpredatory birds, fish and nonpoisonous amphibians, spiders and insects. Exotic or dangerous animals include but are not limited to wild animals, tigers, lions, leopards, cheetahs, pumas, wolves, coyotes, porcupines, venomous snakes, poisonous spiders, poisonous reptiles, crocodiles, alligators, boas, skunks, foxes or raccoons. Notwithstanding the foregoing, exotic or dangerous animals include animals otherwise prohibited by law or declared by the health officer or animal control officer, in exercise of reasonable discretion, to comprise a threat or danger to the public health and safety.

“Guard or attack dog” or “guard or attack animal” is a dog or animal specially bred, selected, trained or conditioned to exhibit aggressive tendencies to strangers for the purpose of protection of the owners’ property or safety.

“Owner” means any person having an interest in or right of possession to an animal or any person having control, custody or possession of any animal. Persons occupying premises where an animal is seen residing consistently at said premises, shall be presumed to be its owner. A veterinarian or kennel operator keeping another person’s dog in the course of their business shall not be considered the owner of that animal.

“Premises” means the area of land surrounding a house or dwelling unit, or units, and actually, or by legal construction, forming an enclosure with it and to which the owner of a dog has a legal and/or equitable right.

“Under control” means the dog or other animal, when off a leash, which is under voice control and/or restrained from approaching any bystander or other animal, and from causing damage to physical property.

“Vicious animal” means:

1. Any wild animal, whether or not tamed;

2. Any animal which has exhibited any vicious or dangerous propensity;

3. Any animal dangerous by nature;

4. Any animal with the propensity to do any act that might endanger the safety of any person, animal or property of another, including, but not limited to a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play or outbreak of untrained nature. (Ord. 942 § 1, 1997; Ord. 742 § 2, 1985).

5.20.030 Adoption of Chapter 16.52 RCW, Prevention of Cruelty to Animals.

Chapter 16.52 RCW, Prevention of Cruelty to Animals, as now enacted or hereafter amended, is adopted by reference as if fully set forth in this chapter. (Ord. 742 § 33, 1985).

5.20.040 Guard animals – Firefighters.

The city of Ritzville adopts, by reference, those provisions of Chapter 48.48 RCW relating to guard animals registration and warning notices – firefighters as if set forth in full in this chapter. (Ord. 742 § 23, 1985).

5.20.050 Animal control officer.

The animal control officer shall be appointed by the mayor of the city of Ritzville. The animal control officer shall be responsible to and under the direct control and supervision of the chief of police of the city of Ritzville. The animal control officer shall have the authority and power to issue notices of infraction, to make determinations of viciousness, and to issue criminal citations related to violations of this chapter. The animal control officer shall impound all strays and shall properly provide for the feeding and care of said animals and perform all duties necessary for the enforcement of this chapter. (Ord. 742 § 31, 1985).

5.20.060 Animal control officer – Obstruction.

No persons shall deny, prevent, obstruct, or attempt to deny, prevent or obstruct any officer, including the animal control officer, from pursuing any animal observed to be in violation of this chapter or otherwise seeking to enforce this chapter. No person shall fail or neglect, after proper warrant has been presented, to properly permit the animal control officer to enter private property or private dwelling homes to perform any duty imposed by this chapter. Violation of this provision shall be a misdemeanor punishable by a fine of not more than $1,000 and one year in jail or both. (Ord. 742 § 32, 1985).

5.20.070 License – Required.

Every person who shall own, harbor or maintain any dog over the age of six months shall license said animal with the city. The owner shall complete an application form prepared by the city clerk/treasurer, or his/her designee, providing information as to the breed, sex, description, birth date and medical history of the animal, name and address of the owner, and such other information as the city clerk/treasurer, or his/her designee, shall determine necessary. No person may supply false information in obtaining any license required in this chapter. If there is a change of ownership of an animal during the license year, the owner shall complete a new application form and pay a license transfer fee and the new license shall be issued.

As a condition of obtaining the license, applicant shall be required to exhibit evidence of current rabies vaccination for said animal. (Ord. 746 § 3, 1985; Ord. 742 § 4, 1985).

5.20.080 License – To be affixed.

Every person who shall keep as custodian or owner, any dog over the age of six months, shall obtain and firmly affix to the animal by collar or chain a license tag. No person may affix or use a license other than on the animal for which it was issued. (Ord. 742 § 3, 1985).

5.20.090 License – Fees.

The city council of the city of Ritzville shall by resolution establish animal licensing fees. The city council may, in said resolution, establish to late fees and replacement of license fees as determined proper. The license fee shall be paid to the city clerk/treasurer who, upon receipt of such fee, shall issue to the applicant a written license together with a metal tag bearing the year of issuance. A late fee shall be charged for any animal not licensed prior to March 1st of any year, or for any animal not licensed prior to reaching the age of eight months. (Ord. 742 § 5, 1985).

5.20.100 License – Revocation or suspension.

The city reserves the right to revoke, suspend or decline to issue a license for any violation of this chapter, and in such instance, possession of an unlicensed animal is a violation of this chapter. (Ord. 1092 § 104, 2005; Ord. 742 § 6, 1985).

5.20.110 Animal control violations.

The penalty for any violation outlined herein shall be as set forth in RCC 5.20.280. Any person who commits any of the following acts shall be guilty of a violation:

A. Allow or permit a dog or other animal to enter any place where food is stored, prepared, served, or sold to the public or any public building or hall. This shall not apply to Seeing Eye or hearing dogs, veterinary offices or hospitals, show dogs, animal exhibitions, organized animal training classes, dogs used by armor car services, or other special cases as may be authorized by the city council;

B. Allow or permit a female dog in heat to be accessible to male dogs except by male dogs specifically and intentionally admitted by said female’s owner for breeding purposes;

C. Allow or permit a dog or other animal to howl, yell, whine, bark, or make other noise which disturbs the public peace and quiet. This offense applies to dog or animal owners and to owners or occupiers of premises whereon the dog or other animal is kept or harbored;

D. Allow or permit a dog or other animal or fowl, except a domestic cat, to run at large from the building or premises where it is harbored whether licensed or not. This section shall not apply to the following: a person walking or exercising a dog or other animal in public, when such dog or animal is on a leash, tether or chain not longer than eight feet; a blind person using a seeing-eye dog or a deaf person using a hearing dog; or any animal safely and securely confined or completely controlled while in or upon any vehicle;

E. Allow or permit a dog or other animal at large or on a leash to be on the city golf course or in the city parks for any reason at any time. (Ord. 2093 § 1, 2016; Ord. 2051 § 1, 2011; Ord. 742 § 8, 1985).

5.20.120 Property damage.

No owner or custodian of any animal may cause or permit the animal to enter upon and do damage to any public park or place or the private property of another to the injury or annoyance of the owner or occupant of said premises. (Ord. 742 § 9, 1985).

5.20.130 Nuisances.

No person shall allow an animal in his possession or control to:

A. Chase, run after, or jump at vehicles using public streets and alleys;

B. Snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using public sidewalks, streets, alleys, or other public ways;

C. Exhibit vicious propensities which constitute a danger to the safety of persons or livestock.

The penalty for any violation outlined herein shall be as set forth in RCC 5.20.280. (Ord. 2093 § 1, 2016; Ord. 742 § 10, 1985).

5.20.140 Health violations.

No person shall:

A. Allow the accumulation of dog or cat feces in any open area, run, common area (hallways, lobbies, foyers, cellars, basements, etc., of multifamily dwelling structures), cages or yards wherein dogs and/or cats are kept and/or to fail to maintain the premises in a sanitary manner at all times;

B. Fail to remove the fecal matter deposited by his animal, or an animal in his custody or control, on public property, such as parks, sidewalks, streets, playgrounds, and other public ways, or private property of another, before the owner leaves the immediate area where the fecal matter was deposited;

C. Keep, harbor, or maintain any exotic or dangerous animal or hybrid canine.

The penalty for any violation outlined herein shall be as set forth in RCC 5.20.280. (Ord. 2093 § 1, 2016; Ord. 1092 § 105, 2005; Ord. 942 § 3, 1997; Ord. 742 § 11, 1985).

5.20.150 Nuisance and health misdemeanors.

No person shall:

A. Keep, harbor or maintain any animal known to have a contagious disease unless under treatment of a licensed veterinarian;

B. Keep, harbor or maintain any animal which exhibits vicious propensities that manifest in the killing of domestic animals or poultry;

C. Have possession or control of an animal sick or afflicted with zoonotic disease and fail to provide treatment for such disease. Zoonotic diseases are those diseases transmitted primarily from animals to man, including, but not limited to the following: anthrax, brucelosis, cat scratch fever, leptospirosis, plague, psittacosis, rabies, ringworm, salmonellosis, trichinosis, toxocariasis, toxoplasmosis, tularemia, visceral larval migrans, or other disease declared a hazard to the public health by the health officer.

Violation of this section shall be a misdemeanor. (Ord. 742 § 12, 1985).

5.20.160 Nuisance – Abatement.

A. Persons violating any provision of this chapter are declared to maintain a public nuisance.

B. Animal control officers, the health officer, or any other law enforcement officer lawfully engaged in the discharge of his duties are authorized to abate any violations of this enactment at the sole expense of a person or persons responsible therefor, in addition to any applicable fines or penalties prescribed herein.

C. Animal control officers, the health officer, or any other law enforcement officer are further authorized to enter upon private premises or private property for the purposes of abating a violation of this enactment when in hot pursuit or with prior consent of the owner of the premises. (Ord. 1092 § 106, 2005; Ord. 742 § 13, 1985).

5.20.170 Impoundment.

All animals engaged in activities prohibited by this chapter are subject to immediate impoundment. The animal control officer or his duly appointed representative may, in lieu of impoundment, return the animal, if licensed, to the licensed owner together with a notice of a violation of this chapter; provided, if the animal is not returned to its owner immediately, the animal control officer shall notify the owner, if reasonably ascertainable, within 48 hours by telephone, personal or posted notice that the animal has been impounded and where it may be reclaimed. Any animal impounded shall be held for at least three business days after the actual notice by telephone or by posted notice or by personal notice or other reasonable efforts to contact owner by the animal control officer. Where the animal is licensed, notice shall be to the licensed owner. Where the animal is unlicensed, a reasonable effort shall be made to ascertain the owner. The notice shall specify that the animal is impounded and that it may be humanely destroyed at the discretion of the animal control officer three days after notice given or in the event no owner is known, after reasonable attempts to locate the owner have been made. The owner of an animal impounded pursuant to the provisions contained in this section may recover the animal when all billable costs, redemption fees, penalties, license fees, late fees, and boarding costs incurred in such impoundment are paid. (Ord. 742 § 14, 1985).

5.20.180 Impoundment – Charges.

The animal control officer shall make such charges for the impounding of any animal as are set forth by the city council of the city of Ritzville by resolution. Said charges shall include but not be limited to the actual costs of impoundment, feeding, boarding, selling of said animal, as well as all notices required by this chapter. The payment of all fees prescribed in this chapter shall not relieve anyone from the imposition of additional penalties for violations of this chapter. (Ord. 742 § 15, 1985).

5.20.190 Impoundment – Disposition of animals.

Three business days after notice is given, as provided in RCC 5.20.170, any animal impounded may, in the discretion of the animal control officer, be humanely destroyed, sold or held for a longer period and redeemed by any person on payment of the fees prescribed by the city council by resolution or ordinance. (Ord. 742 § 16, 1985).

5.20.200 Proceeds of the sale of animals.

In the event of the sale of any animal as prescribed by this chapter, there shall first be paid, from the proceeds thereof, the expense of impounding, keeping, giving notice, and the selling of said animal and any excess, if any there be, shall be paid to the city and placed in the current expense fund. (Ord. 742 § 17, 1985).

5.20.210 Rabies.

WAC 248-100-450, Rabies, as now enacted or hereafter amended, is adopted by reference as if fully set forth in this chapter. The animal control officer shall determine where the animal shall be restricted for the observation period. Any costs associated with said restriction shall be borne by the animal’s owner. (Ord. 742 § 18, 1985).

5.20.220 Animal injury or disease – Immediate destruction.

Any animal determined by the animal control officer to be suffering from serious injury or disease may be humanely destroyed at the discretion of the animal control officer. (Ord. 742 § 19, 1985).

5.20.230 Vicious animal – License required.

No person shall own or harbor a vicious dog or vicious animal, or guard dog or guard animal, without first obtaining a vicious dog or guard animal license. Failure to disclose an animal’s vicious propensities is a violation of this chapter. The animal control officer may determine that an animal he observes, or one coming into his custody, is vicious based upon his own observation and other information, if available. Upon the request of a peace officer or upon presentation of a petition of any person supported by an affidavit stating:

A. The name, address and telephone number of the petitioner;

B. A description of the animal;

C. The name and address of the alleged owner of the animal;

D. The facts upon which the allegation of ownership is based;

E. The whereabouts of the owner;

F. The facts upon which it is believed the animal is vicious;

The animal control officer, upon such notice and procedure as is reasonable under the circumstances may determine if the animal is vicious. If the animal control officer determines that an animal is vicious, the owner is required to license it as such, and if the animal be in custody of the animal control officer after having been at large, to pay the impound fee as provided in this chapter. (Ord. 742 § 20, 1985).

5.20.240 Guard or attack animal – License required.

No person may own or harbor a guard or attack animal or animal trained for aggressive response of like nature without a guard or attack animal license. Failure to disclose an animal’s guard or attack training or nature is a violation of this chapter. The applicant for said license shall truthfully certify the following information:

A. The name and address of the owner of the guard or attack animal, a description of the animal and the address and business name, if any, of the premises the animal will guard;

B. The name and address of the trainer, and the name and address of the purveyor of the animal;

C. Evidence that the premises where the animal is to be used are properly secured against accidental intrusion by a member of the public to the satisfaction of the animal control officer;

D. Signs of at least one-half-inch lettering on contrasting background conspicuously displayed at all entrances stating “Caution! Premises protected by guard dogs,” or words of nearly like meaning;

E. The user of the guard or attack animal is aware of and understands the aggressive nature of the animal. (Ord. 742 § 21, 1985).

5.20.250 Control of vicious or attack animals.

Every owner or custodian of a vicious animal or an animal having a vicious propensity is required, at all times, to confine and control such animal so as to prevent it from running at large upon any public or private property or endangering any person or property. It is lawful for a person to use force against and kill, if necessary, an obviously vicious animal for the purpose of protecting or defending any person or person’s property against such animal. A person acting reasonably under this section is excused from any prohibition against discharging a firearm. (Ord. 742 § 22, 1985).

5.20.260 Violation of RCC 5.20.250 – Penalty.

Any persons violating the provision of RCC 5.20.250 shall be guilty of a misdemeanor punishable by a fine of not less than $500.00 or imprisonment of no more than 90 days or both. Upon determination of a violation of said section, the court may, in addition to any penalties or jail time imposed, require the owner of a vicious or attach animal to cause said animal to be destroyed or removed from the jurisdiction. The owner of the animal has within 96 hours from the issuance of the court order to permanently relocate the animal outside the boundaries of the city of Ritzville, or if the owner fails to relocate said animal, turn the animal over to the animal control officer for disposal. If removal is not ordered, any animal found to have vicious propensities or to have been trained as a guard or attack animal shall thereafter be kept securely on leash, tether, or chain at all times, or in the alternative, fenced in on the owner’s property with a fence of adequate height to prevent escape, and further to be licensed thereafter as a vicious guard or attack animal. (Ord. 1092 § 107, 2005; Ord. 807 §§ 1, 2, 1988; Ord. 746 § 2, 1985; Ord. 742 § 24, 1985).

5.20.270 Vicious animal – Immediate destruction.

Any animal as may be determined by the animal control officer to be a vicious animal, where said animal control officer or another peace officer has determined that said animal presents an immediate threat to persons or other animals, may be immediately destroyed at the discretion of the animal control officer. (Ord. 742 § 25, 1985).

5.20.280 Penalties.

Unless otherwise designated, a first violation of this chapter is a civil infraction with a penalty of $50.00, exclusive of any statutory assessments. Unless otherwise designated, the second violation of this chapter within one year is a civil infraction with a penalty of $150.00, exclusive of any statutory assessments. A third violation of this chapter within a one-year period or any violation of RCC 5.20.150 shall be designated a misdemeanor, punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. The court may suspend any, or all, of the monetary penalty and/or jail time of any violation of this chapter upon appropriate conditions to be established by the court in its discretion, including payment of restitution to any injured party as set forth.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. (Ord. 2093 § 1, 2016; Ord. 742 § 26, 1985).

5.20.290 Notice of infraction.

A law enforcement officer, including an animal control officer, has the authority to issue a notice of animal control infraction when the infraction is committed in the officer’s presence or if an officer investigating a complaint has reasonable cause to believe that a violation has occurred and that the person or persons to be cited are responsible for the violation. A court may issue a notice of animal control infraction upon receipt of a written statement of the officer or of another person of facts showing reasonable cause to believe a violation has occurred and that person or persons to be cited were responsible for the violence. (Ord. 742 § 27, 1985).

5.20.300 Form of notice of infraction.

A notice of animal control infraction represents a determination that an infraction has been committed. The determination shall be final unless contested as provided in this chapter. Notices shall include at least the following statements:

A. The notice represents a determination that an animal control infraction has been committed by the person named in the notice and that the determination will automatically become final unless contested;

B. The infraction is a noncriminal offense and no imprisonment may be imposed for the infraction itself;

C. Specification of the infraction and statement of monetary penalty;

D. Statement of rights relating to hearing or option of forfeiture of the penalty;

E. The city must prove that the named person committed the infraction by a preponderance of the evidence if a hearing is requested;

F. The named party may subpoena witnesses, including the citing officer at the hearing;

G. The named party must deliver to the Ritzville district court clerk a written request for hearing within seven calendar days of the date the notice is issued;

H. A statement to be signed by the named party, promising to respond by either requesting a hearing or paying the infraction penalty within seven calendar days;

I. Statement that failure to respond timely may be punished by a criminal fine and imprisonment. (Ord. 2093 § 1, 2016; Ord. 742 § 28, 1985).

5.20.310 Response – Contest – Failure to appear.

Persons receiving notices of infraction must respond in 10 calendar days of the date the notice is issued by either delivering to the Ritzville district court clerk a completed form requesting a hearing, as provided on the response portion of the citation, or by paying the civil penalty in accordance with the established schedule, submitting with payment a copy of the response portion of the citation. Persons who properly and timely complete and deliver to the Ritzville district court clerk a request for a hearing shall be promptly thereafter notified by the court of a time and date for the hearing. The hearing shall not be set any earlier than seven calendar days after a timely request, unless otherwise set by mutual agreement. Upon failure to timely respond or failure to appear at a duly scheduled hearing, the court shall enter an order assessing a monetary civil penalty as provided herein, in addition to any applicable criminal sanctions. (Ord. 2093 § 1, 2016; Ord. 807 §§ 3, 4, 1988; Ord. 742 § 29, 1985).

5.20.320 Hearings.

Requested hearings for infractions shall be before the Ritzville district court, without a jury. The court may consider the notice of animal control infraction and any other written report under oath submitted by the officer who issued the notice or whose written statement was the basis of the issuance of notice, in lieu of the officer’s personal appearance. The person charged may subpoena witnesses, including the citing or reporting officer, present evidence and cross-examine witnesses. The city shall be required to prove its case by preponderance of the evidence. The court shall enter an order finding the infraction committed or not committed and, if committed, assess the civil penalty provided for by the city council by resolution or ordinance. If the immediate full payment of a penalty is not possible, the court may, in its discretion, order a limited extension of time to pay and/or substitute a suitable obligation of community service for all or any portion of the penalty. (Ord. 2093 § 1, 2016; Ord. 742 § 30, 1985).

5.20.330 Violation – Penalty.

Repealed by Ord. 2093. (Ord. 742 § 7, 1985).