Chapter 6.05 REGULATIONS

“Animal control officer” means the mayor and/or any person(s) designated by, and under the direction and control of, the mayor for the purpose of enforcing this title, or any part thereof, or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, which may include any state or municipal peace officer, sheriff or other employee whose duties in whole or in part include assignments which involve animal control activities. Such animal control officers shall also be considered animal control officers for purposes of Chapter 16.52 RCW (Prevention of Cruelty to Animals).

“Animal shelter” shall have the meaning as that term is given in Chapter 18.20 RMC (Development Regulations – Definitions).

“Domestic animal” means any tame or domesticated animal that lives and breeds in a tame condition and is retained by a person as a companion. This generally refers to dogs, cats and does not include livestock.

“Livestock” means animals not meeting the definition of “domestic animal” kept either in open fields or structures for training, boarding, home use, sales, or breeding and production use or profit, including, but not limited to, horses, mules, donkeys, ponies, cattle, llamas, emus, goats, pygmy goats, sheep, fowl, bees, rabbits, swine, or other animals similar in nature and size.

“Miniature pot-bellied pig” and “pot-bellied pig” shall mean a domesticated miniature pot-bellied or pot-bellied pig not exceeding 180 pounds in weight and 26 inches in height measured at the shoulder.

“Owner or custodian” means any person owning, keeping, having charge of, harboring or feeding any domestic animal or livestock in the city of Roslyn.

“Pygmy goat” shall mean a breed of miniature domestic goat not exceeding 100 pounds in weight and 26 inches in height measured at the shoulder.

“Rooster” means an adult male domestic chicken.

“Vicious dog” means any dog which has evidenced characteristics rendering it reasonably apparent to a prudent person that such dog is likely to harm persons or other animals. [Ord. 1123 § 1, 2016.]

6.05.020 Dogs/cats not permitted at large.

No owner or custodian of any dog or cat shall permit the same to go at large. A dog is considered at large when it is free of restraint or confinement, without leash, and without a person to control the animal. A cat is considered at large when it is on private or public property without the consent of the owner or custodian of the property. A dog or cat shall not be “at large” if it remains on the owner’s premises, or is in the presence of the owner within the area commonly known as the Roslyn urban forest, as depicted on the map attached to the ordinance codified in this section as Attachment “A”; the owner shall be in possession of a leash and shall maintain control of the animal when in the urban forest. Any dog chasing or molesting wildlife in the Roslyn urban forest or any other violation of this section is declared to be a nuisance and dangerous to the public health, safety and welfare. [Ord. 1076 § 2, 2011; Ord. 565 § 2, 1980.]

6.05.025 Requirement for disposal.

All pet owners and custodians are required to immediately and properly dispose of their pet’s solid waste deposited on any property, public or private, not owned or possessed by that person; provided, however, that any owner or keeper who requires the use of a disability assistance animal shall be exempt from the provisions of this section while such animal is being used for that purpose. [Ord. 1076 § 7, 2011.]

6.05.030 License and registration required.

A. All dogs and cats in the city of Roslyn must be licensed and registered if over three months of age. The animal license shall be an annual license which shall expire at midnight on December 31st of each year. Upon payment of the license fee, the city shall issue to the owner or custodian a license fee receipt and a metal tag for each animal so licensed. The license shall be stamped thereon with the city’s name, the current year, and the number corresponding with the number on the issued receipt. Every owner or custodian must provide each dog and cat with a collar to which the license tag must be securely fastened, and must ensure that the collar and tags are worn by the dog or cat at all times. Dog and cat tags are not transferable from one animal to another. No refund shall be made on any animal license fee as a result of death to a dog or cat or for any other reason.

B. Animal license applications must include:

1. Proof of current rabies vaccination for dogs, and proof of rabies vaccination for cats; and

2. Proof of current DHPP vaccination for dogs; or

3. Proof of current FVRCP vaccination for cats; or

4. A signed recommendation from a licensed veterinarian stating a medically sound reason for not receiving DHPP for dogs and/or FVRCP for cats.

C. This section shall not apply to dogs and cats brought temporarily into the city. [Ord. 1090 § 2, 2012; Ord. 1087 § 1, 2012; Ord. 1076 § 3, 2011; Ord. 937 § 1, 2002; Ord. 882 § 1, 1999; Ord. 801 § 1, 1995; Ord. 588, 1983; Ord. 565 § 3, 1980.]

6.05.040 Tag and collar.

Repealed by Ord. 1076. [Ord. 1071 § 1, 2011; Ord. 801 § 2, 1995; Ord. 565 § 4, 1980.]

6.05.050 Limitation on number.

No person, owner, household or custodian shall keep, have charge of, harbor or feed more than three dogs and three cats of any kind more than three months of age in the city of Roslyn. [Ord. 801 § 3, 1995; Ord. 759, 1994; Ord. 734, 1992; Ord. 565 § 5, 1980.]

6.05.060 Excessive noise by dogs/fowl prohibited.

No owner or custodian of any dog or fowl shall permit the same to remain outside of the dwelling of such owner or custodian or outside of the closed building where the dog or fowl is kept while any such dog or fowl is causing excessive or frequent noises which disturb or are likely to disturb the comfort or repose of other persons in the neighborhood. A violation of this section is declared to be a public nuisance and adverse to the public health and welfare. [Ord. 1076 § 5, 2011; Ord. 565 § 6, 1980.]

6.05.070 Manner of keeping dogs.

No owner or custodian of any dog shall keep or harbor or maintain any such dog, or maintain any place in which such dog is kept, in such manner as to be filthy or unsanitary. Violation of this section is declared to be a public nuisance and adverse to the public health and welfare and punishable under Chapter 8.10 RMC, as that chapter has been or may be amended. [Ord. 565 § 7, 1980.]

6.05.080 Impounding of dogs.

For any violation of this chapter, any animal control officer may impound any such offending dog in the animal shelter or at such place as approved by the mayor. [Ord. 1123 § 2, 2016; Ord. 565 § 8, 1980.]

6.05.090 Notice of impounding.

Not later than two days after the impounding of any dog under the provisions of this chapter, the animal control officer shall notify the owner or custodian, if known, either in person or by first class United States mail, registered and with a return receipt requested, of said impounding, describing the dog and the place and time of taking and advising where the dog is held. If the owner or custodian is unknown, written notice shall be posted for not less than five calendar days in three public places in the city of Roslyn. The notices shall also advise that unless the dog is redeemed within five days after date of service or posting of notices, the dog may be sold or destroyed. [Ord. 1123 § 3, 2016; Ord. 841 § 1, 1997; Ord. 565 § 9, 1980.]

6.05.100 Redemption of impounded dogs.

The owner or lawful custodian of any dog impounded under the provisions of this chapter may reclaim such dog within five days after the personal service, mailing or date of posting of notice as above provided; however, said dog shall be released to the owner or custodian only upon payment of the annual license fee for such dog, if unpaid, and all costs and charges incurred by the city of Roslyn for impounding and maintenance of the dog. These charges shall be paid to the Roslyn city clerk, and consist of the following: (1) For impounding any dog, $25.00 for the first impounding, and $50.00 for the second impounding, and $75.00 for each subsequent impounding; (2) for giving of notice, $15.00; (3) for feed and care, $10.00 per day per dog. [Ord. 841 § 2, 1997; Ord. 565 § 10, 1980.]

6.05.110 Destruction or release of unclaimed dogs.

All dogs impounded under the provisions of this chapter, if unclaimed, shall be retained in the animal shelter for a minimum period of five days. If at the expiration of five days from the date of notice to the owner or the date of posting of notice or mailing of notice, such dog shall not have been reclaimed, it may be destroyed; or, except in the case of vicious dogs, it may be released to any person upon such person’s obtaining a license as provided in this chapter and paying all of the fees and charges which may be due, as set forth in RMC 6.05.100. [Ord. 565 § 11, 1980.]

6.05.120 Purchase of unclaimed dog.

In the event any dog is released to any person other than its owner or lawful custodian pursuant to and in accordance with the provisions of RMC 6.05.110, such person to whom such dog is so released shall be deemed a purchaser of the same from the city of Roslyn. The purchaser shall receive from the city clerk a certificate of purchase, and such certificate shall be conclusive evidence of the vesting of complete title to such dog in the purchaser and of the termination of all interest and rights of the former owner in and to such dog. [Ord. 565 § 12, 1980.]

6.05.130 Records to be maintained.

The animal control officer shall prepare in duplicate a detailed record of each dog impounded, showing the time and place of taking, description of the dog, name and address of the owner if known, date and type of notice given, name and address of the person to whom released, date of release, or other disposition of the dog. The original copy of this record shall be filed with and maintained by the Roslyn city clerk, and one copy thereof shall be filed and maintained in the records of the animal control officer. [Ord. 1123 § 4, 2016; Ord. 565 § 13, 1980.]

6.05.140 Disposition of dangerous dogs.

Whenever it shall reasonably appear to an animal control officer attempting to impound a dog under the provisions of this chapter that such dog is dangerous to the public, if capture cannot be effected safely and promptly, said person is authorized to destroy the animal forthwith. [Ord. 565 § 14, 1980.]

6.05.150 Impounding for observation.

Any animal control officer, upon receiving notice that a dog has bitten any person or has acted in such manner as to indicate that it has rabies or other similar dangerous disease, is authorized to impound such dog after its identification by the victim or a witness, and the dog shall be held under observation and for examination by a veterinarian for a period of not less than 10 days. The veterinarian’s fee and the cost of impounding and care must be paid before the dog can be redeemed, and if the dog is not redeemed by the owner or custodian, it may be sold or destroyed as otherwise provided in this chapter. [Ord. 565 § 15, 1980.]

6.05.160 Vicious dogs may be destroyed.

Any vicious dog impounded under the provisions of this chapter and remaining unredeemed after notice has been given as provided herein, or any dog which has bitten any person and after examination by a qualified veterinarian has been determined by him to have rabies or other disease rendering such dog dangerous to persons, may be destroyed by an animal control officer. [Ord. 565 § 16, 1980.]

6.05.170 Interference with enforcement.

It shall be unlawful for any person, firm, organization or corporation to interfere with, hinder, delay or impede any animal control officer in the enforcement of the provisions of this chapter. [Ord. 565 § 17, 1980.]

6.05.180 Penalty for violation.

A. Civil Penalties – First and Second Violations. Any person and any owner or custodian violating any provisions of this chapter (with the exception of RMC 6.05.210) shall incur a fine in the amount of $50.00 for a first violation, and a fine in the amount of $100.00 for a second violation within the 12-consecutive-month period following the date on which the first violation was found to be committed if the second violation is for a violation of the same provision.

B. Criminal Penalties – Third and Subsequent Violations. A third violation of the same provision of this chapter (with the exception of RMC 6.05.210) within the 12-consecutive-month period following the date on which the first violation was found to be committed shall be a misdemeanor, punishable by not more than 90 days in jail and a fine of not more than $500.00. A fourth violation of the same provision of this chapter (with the exception of RMC 6.05.210) within the 12-consecutive-month period following the date on which the first violation was found to be committed shall be a gross misdemeanor, punishable by not more than one year in jail and a fine of not more than $5,000. A fifth or subsequent violation of the same provision of this chapter (with the exception of RMC 6.05.210) shall be a gross misdemeanor, regardless of the passage of time from the date on which the first violation was found to be committed, punishable by not more than one year in jail and a fine of not more than $5,000. [Ord. 1076 § 8, 2011.]

6.05.190 Abandonment of animals.

It is unlawful for any person to abandon within the city any domestic animal by dropping off or leaving such animal on any street, road, alley, highway or any other public place or upon private property without the consent of such private property owner. An animal is abandoned when left in any such place without any provision made for the care and feeding of such animal by its owner or keeper. [Ord. 694, 1991.]

6.05.200 Animal abuse.

No person shall beat, cruelly treat, torment, overload, overwork or otherwise abuse an animal or cause, instigate or permit any dog fight, cock fight, bull fight or other combat between animals or between animals and humans. [Ord. 694, 1991.]

6.05.210 Cruelty to animals.

A. Injuring Animal with Vehicle. No person shall willfully injure, beat, abuse or run down any animal with a vehicle. Any person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable, shall make reasonable efforts to locate and identify themselves to the owner or to any person having custody of the animal and shall report the accident immediately to the police department.

B. Feeding and Care of Animals. It is unlawful for any person to keep or harbor an animal within the city without providing a suitable amount of wholesome food and clean water for the nutrition and comfort thereof, and without providing a clean sleeping area, or to leave the premises upon which the animal is confined or through which it customarily returns for more than 24 hours without providing for the feeding and care of such animal in the absence of the person.

C. Poisoning of Animals. It is unlawful for any person to willfully or maliciously poison any domestic animal or bird or to lay out or expose any kind of poisoned food or drink for man, animal or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled any kind of poison or poisonous or deadly substance or fluid whatever, on any premises or in any unenclosed place, or to aid or abet any person in doing so; except, that the provisions of this section shall not apply to the killing by poison of any animal or bird in a lawful and humane manner by the owners thereof or by a duly authorized servant or agent of such owner, or by the owner, or by a person acting pursuant to the instructions from a duly constituted public authority, in accordance with the exceptions provided in RCW 16.52.190.

D. Injury to Animal – Neglect of Injured Animal. It is unlawful for any person to: (1) willfully and cruelly injure or kill any animal by any means causing it fright and pain, except for the humane slaughter of animals and fowl used for human food; (2) by reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury such person has caused to any animal; or (3) maintain any place where fowl or any animals are suffered to fight upon exhibition or for sport upon any wager.

E. Criminal Penalty. Any person and any owner or custodian found to have violated this section shall be guilty of a misdemeanor, punishable by not more than 90 days in jail and a fine of not more than $500.00. [Ord. 1076 § 9, 2011; Ord. 694, 1991.]

6.05.220 Dangerous dogs.

Chapter 16.08 RCW as now enacted and as hereafter may be amended is hereby adopted by reference. [Ord. 960 § 1, 2004.]

6.05.230 Authority to enforce.

The animal control officer as defined in RMC 6.05.010(D) may enforce this chapter, including but not limited to the filing of tickets in the upper Kittitas County district court as notice of civil infractions. [Ord. 978 § 2, 2005.]