Chapter 6.05
ANIMAL CONTROL
Sections:
Article I. General Provisions
6.05.010 Title.
6.05.020 Purpose and policy.
6.05.030 Definitions.
6.05.040 Severability.
6.05.050 Responsibility for enforcement.
6.05.060 Right of entry and inspection.
6.05.070 Obstructing animal control officer – Misdemeanor.
Article II. Dog and Cat License
6.05.080 License required.
6.05.090 Dog license – Issuance – Wearing.
6.05.100 Dog and cat license – Fees.
6.05.110 Dog and cat license – Late penalty.
6.05.120 Dog and cat license – Late penalty exceptions – New licenses.
6.05.130 Dog and cat license – Transferability.
6.05.140 Dog license – Tag removal.
Article III. Kennel License
6.05.150 License required.
6.05.160 Kennel licensing procedure.
6.05.170 Kennel license fees.
6.05.180 Denial of kennel license – Reasons.
6.05.190 Revocation of license – Reasons.
6.05.200 Denial of license – Notice.
6.05.210 Denial or revocation of license – Appeal.
6.05.220 License revoked – Disposal of animals.
Article IV. Regulations
6.05.230 Number allowed.
6.05.240 Leash requirements.
6.05.250 Running at large prohibited.
6.05.260 Harassing pedestrians prohibited.
6.05.270 Chasing or obstructing vehicles prohibited.
6.05.280 Injuring property prohibited.
6.05.290 Barking and other noise prohibited.
6.05.300 Accessible female in heat.
6.05.310 Animals confined in motor vehicles.
6.05.320 Sick and injured animals.
6.05.330 Animals that are hit by a car.
6.05.340 Vicious animal.
6.05.350 Cruelty to animals.
Article V. Dangerous Dogs
6.05.360 Certificate of registration.
6.05.370 Requirements for restraint.
6.05.380 Confiscation.
Article VI. Penalties
6.05.390 Animal control cost.
6.05.400 Transportation costs.
6.05.410 Violation – Penalty.
6.05.420 Violation – Impoundment.
6.05.430 Violation – Misdemeanor.
Article I. General Provisions
6.05.010 Title.
This chapter shall be cited as “animal control.” (Ord. 326 § 1.1, 2003; Ord. 319 § 1.1, 2002)
6.05.020 Purpose and policy.
(1) It is declared the public policy of the town to encourage, secure, and enforce those animal control measures deemed desirable and necessary for the protection of human health and safety, and to the greatest degree practicable to prevent injury to property and cruelty to animal life.
(2) It is the purpose of this chapter to provide means of licensing and regulation of dogs and other animals and the facilities to house them, to provide animals with legal protection, to protect the property rights of owners and nonowners of animals, and to provide for the health, safety and welfare of the people residing in the town.
(3) The fees, charges and penalties collected under this chapter shall be budgeted to pay all expense of administration and enforcement. (Ord. 326 § 1.3, 2003; Ord. 319 § 1.3, 2002)
6.05.030 Definitions.
As used in this title:
(1) “Abandoned” means the act of leaving an animal without food, water or care for 24 hours or more; or in a situation where the conditions present an immediate, direct and serious threat to the life, safety or health of the animal.
(2) “Adult dog/adult cat” means any dog or cat over the age of six months.
(3) “Animal” means live member of the class’s reptile, bird, or mammal except man.
(4) “At large” means any animal found off the premises or outside the vehicle of the owner or custodian of the pet animal and not under control of a person by means of a leash.
(5) “Dangerous dog” means any dog that has:
(a) Inflicted injury on a human being without provocation while off the owner’s property;
(b) Killed a domestic animal without provocation while off the owner’s property; or
(c) Been previously found to be potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks or endangers the safety of humans or domestic animals.
(6) “Harboring” means allowing any animal to remain, to be lodged, fed or sheltered on the property one owns, occupies or controls, for more than 24 hours.
(7) “Impound” means to take control by authorized officials of any animal found to be in violation of this chapter and pursuant to the terms of this title.
(8) Kennel.
(a) “Commercial kennel” means a place where adult dogs or cats are kept by persons providing facilities for breeding and the offspring therefore are sold for profit, or where such dogs or cats are received for care, training and boarding for compensation, but not including a small animal hospital, clinic or pet shop.
(b) “Hobby kennel” means a noncommercial kennel at or adjoining a private residence where adult dogs or cats are bred and/or kept for hunting, training and exhibition or enjoyment of the species. A private residence may keep a total of four adult dogs and/or cats, with a maximum of three dogs at any given time.
(9) “Officer” or “official” means any police officer, animal control officer or other official designated by the town to issue licenses or citations for, pick up, restrain, impound, sell, dispose of, or give notice for, or any other acts, duties or functions prescribed by this chapter.
(10) “Owner” means a person who harbors, keeps, causes or permits an animal to be harbored or kept, or who has an animal in his/her possession or custody, or who permits an animal to remain on or about his/her premises, or who has legal title to an animal.
(11) “Pack of dogs” means a group of three or more dogs running upon land, either public or private, not that of their owner, when such dogs are not restrained or controlled.
(12) “Permit” means human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent or negligent.
(13) “Person” means any individual, partnership, corporation, trust, estate or other legal entity.
(14) “Potentially dangerous dog” means any dog that when provoked:
(a) Inflicts bites on a human being or 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.
(15) “Proper enclosure of dangerous dog” means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top and shall also provide protection from the elements for the dog and comply with all applicable provisions of the King County Building and Zoning Code.
(16) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(17) “Trespassing” means any animal which enters upon the property of another person without the authorization of the lawful occupant.
(18) “Vicious animal” means any pet animal which creates a reasonable apprehension of injury to personal property, any human being or any pet animal, for which two or more written, verified complaints have been received alleging that the pet animal has injured a human being. (Ord. 326 § 1.4, 2003; Ord. 319 § 1.4, 2002)
6.05.040 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 326 § 1.5, 2003; Ord. 319 § 1.5, 2002)
6.05.050 Responsibility for enforcement.
(1) The Skykomish town council shall designate those with the responsibility to enforce this chapter.
(2) The town council shall designate a shelter for detaining animals and a county animal shelter for detaining animals which has facilities for handling animals that are injured or ill, and facilities for humane disposal of animals.
(3) Persons designated to enforce this chapter shall provide for impounding of animals found to be in violation of this chapter. (Ord. 326 § 1.6, 2003; Ord. 319 § 1.6, 2002)
6.05.060 Right of entry and inspection.
(1) Pursuant to consent of the owner or occupant of any premises, an officer may enter and inspect said premises to determine compliance with the provisions of this title.
(2) An officer may enter the private property of another with or without a warrant when in hot-pursuit to take possession of any animal observed at large.
(3) An officer may enter the private property of another to enforce this chapter with a search warrant or when otherwise authorized by law.
(4) An officer may enter the private property of another in the absence of the owner or occupant when in his/her judgment an animal on such premises needs immediate assistance or to prevent its death or serious injury. (Ord. 326 § 1.7, 2003; Ord. 319 § 1.7, 2002)
6.05.070 Obstructing animal control officer – Misdemeanor.
It is unlawful for any person to interfere with, hinder, delay or impede any officer in the enforcement of this chapter, and such violation constitutes a misdemeanor. (Ord. 326 § 1.8, 2003; Ord. 319 § 1.8, 2002)
Article II. Dog and Cat License
6.05.080 License required.
(1) Except for licensed veterinarians and commercial kennels, it is unlawful for any person to own, keep or have control of any dog or cat in the town unless the person has procured a license therefor.
(2) Licenses are valid for the calendar year for which issued; unless provided, this section is not applicable to dogs or cats less than six months old.
(3) Visitors with dogs need not obtain a town license for their dog if the animal wears a valid license from their place of permanent residence. (Ord. 326 § 2.1, 2003; Ord. 319 § 2.1, 2002)
6.05.090 Dog license – Issuance – Wearing.
(1) The town clerk shall issue license tags for each dog licensed to persons applying therefor upon payment of the license fee as shown in SMC 6.05.100.
(2) License tags shall be worn by dogs at all times.
(3) It is the responsibility of the owner of a dog to keep a substantial collar on the animal and attach firmly thereto the identification license tag for the current year. A dog not wearing an authorized identification tag shall be considered unlicensed. (Ord. 326 § 2.2, 2003; Ord. 319 § 2.2, 2002)
6.05.100 Dog and cat license – Fees.
(1) License fee for dogs and cats which are not neutered or spayed: $20.00.
(2) Annual license for dogs and cats which are neutered or spayed: $6.00. Note: proof that the animal has been spayed or neutered is required.
(3) Annual license for dogs and cats where owners are senior citizens (age 65 or older): fee $3.00 (must obtain tag).
(4) Annual license for seeing eye dogs presently in service: free (must obtain tag).
(5) License transfer fee: $1.00.
(6) License replacement for lost tag: $1.00.
(7) Penalties for late licensing of dogs and cats: $25.00.
(a) For late penalty exceptions, see SMC 6.05.120.
(8) Prorated license for new dog when owner moved into town after December 31st.
(9) Any subsequent amendments to this section may be made by resolution. (Ord. 326 § 2.3, 2003; Ord. 319 § 2.3, 2002)
6.05.110 Dog and cat license – Late penalty.
Town residents may purchase licenses through December 31st, or within 30 days of acquisition by the owner, whichever occurs later; after which a late penalty shall be assessed according to the schedule provided in SMC 6.05.100. (Ord. 326 § 2.4, 2003; Ord. 319 § 2.4, 2002)
6.05.120 Dog and cat license – Late penalty exceptions – New licenses.
No late penalty shall be charged on a new license application if:
(1) The owner submits proof of purchase or acquisition of the animal within the preceding 30 days; or
(2) The owner has moved into the town within the preceding 30 days; or
(3) The animal is currently or has been within the preceding 30 days under the age that requires a license; or
(4) The owner purchases the license(s) voluntarily prior to contact by an authorized officer regarding said animal. (Ord. 326 § 2.5, 2003; Ord. 319 § 2.5, 2002)
6.05.130 Dog and cat license – Transferability.
(1) Dog and cat licenses, as provided for in this chapter, are not transferable from one animal to another.
(2) License information may be transferred to a new owner upon payment of a license transfer fee as set forth in SMC 6.05.100. (Ord. 326 § 2.6, 2003; Ord. 319 § 2.6, 2002)
6.05.140 Dog license – Tag removal.
It is unlawful for any person to remove a license tag from any dog without the permission of the owner or issuing authority. (Ord. 326 § 2.7, 2003; Ord. 319 § 2.7, 2002)
Article III. Kennel License
6.05.150 License required.
It is unlawful for any person to own, maintain or operate a kennel in the town of Skykomish unless the person has procured a kennel license. (Ord. 326 § 3.1, 2003; Ord. 319 § 3.1, 2002)
6.05.160 Kennel licensing procedure.
(1) Application for a kennel license shall be made to the town clerk by payment of the application fee and annual kennel license fee (as set forth in SMC 6.05.170).
(2) Prior to the issuance of a kennel license, or the yearly renewal of the same, the animal control officer or other authorized agent may, between the hours of 9:00 a.m. and 5:00 p.m., with notice, enter the premises of the applicant and make a personal inspection of the premises to determine if the applicant has proper facilities to provide for the humane care for such animals, to determine if the applicant is providing the animals with necessary sustenance and is otherwise complying with all regulations and applicable provisions of this chapter and other state and federal laws.
(3) 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. 326 § 3.2, 2003; Ord. 319 § 3.2, 2002)
6.05.170 Kennel license fees.
(1) Application fee: $35.00.
(2) Annual kennel fee:
(a) Hobby kennel, $65.00;
(b) Commercial kennel, $125.00.
(3) The town shall refund the annual license fee paid after denial of the license and hearing if conducted. No refund shall be made upon relocation of kennel.
(4) The annual license fee expires December 31st of the year for which issued.
(5) Penalty for late kennel license fee payment, in addition to annual fee, if not paid on or before December 31st of each year: $60.00.
(6) Late penalty exception: if applicant has owned, maintained or operated a kennel for one month or less. (Ord. 326 § 3.3, 2003; Ord. 319 § 3.3, 2002)
6.05.180 Denial of kennel license – Reasons.
A kennel license may be denied for any of the following reasons:
(1) Conviction for violation of any provision of this chapter;
(2) Conviction for violation of any applicable state or federal law, rule, order or regulation pertaining to any activity for which licensing is sought;
(3) Furnishing false information on an application for licensing;
(4) Conviction of the applicant or any person in his/her employ or any person to whom the applicant entrusts supervision of the facility, of any offense involving cruelty to animals, whether in this or any other state;
(5) Refusal to allow the town official to inspect all animals and the kennel premises at any reasonable time or with just cause. (Ord. 326 § 3.4, 2003; Ord. 319 § 3.4, 2002)
6.05.190 Revocation of license – Reasons.
(1) The town shall investigate any reasonable complaint concerning licensed kennels.
(2) A kennel license may be revoked for any of the reasons listed in SMC 6.05.180. (Ord. 326 § 3.5, 2003; Ord. 319 § 3.5, 2002)
6.05.200 Denial of license – Notice.
The denial of a license shall be in writing and shall include a recital of the authority for the action and a brief and concise statement of facts which constitute the grounds for denial. A copy of the notice including notification of the right to a hearing shall be mailed to the applicant. (Ord. 326 § 3.6, 2003; Ord. 319 § 3.6, 2002)
6.05.210 Denial or revocation of license – Appeal.
(1) If an application for licensing is denied or revoked, the applicant may appeal such denial upon filing a written request to the town council within 10 days of the date such denial or revocation was served upon him/her by certified mail.
(2) Hearing upon such duly requested appeal shall be conducted before the town council within 30 days of such request, with notice to the applicant no later than 10 days prior to the hearing. (Ord. 326 § 3.7, 2003; Ord. 319 § 3.7, 2002)
6.05.220 License revoked – Disposal of animals.
Any person whose license is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept or harbored by such person and no part of the license fee shall be refunded. (Ord. 326 § 3.8, 2003; Ord. 319 § 3.8, 2002)
Article IV. Regulations
6.05.230 Number allowed.
A private residence may keep a total of four dogs/and or cats with a maximum of three dogs at any given time. (Ord. 326 § 4.0, 2003; Ord. 319 § 4.0, 2002)
6.05.240 Leash requirements.
No dog shall be permitted at large off the premises of the owner of the dog except when kept upon a leash not more than eight feet in length, held by a person of reasonable age and discretion. (Ord. 326 § 4.1, 2003; Ord. 319 § 4.1, 2002)
6.05.250 Running at large prohibited.
It is unlawful for any owner to permit their dog to be at large as defined in this chapter; provided, however, that this section does not prohibit the dog’s participation in an organized dog show or training, exercise or hunting session in a location designed and authorized for such purpose. (Ord. 326 § 4.2, 2003; Ord. 319 § 4.2, 2002)
6.05.260 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. (Ord. 326 § 4.3, 2003; Ord. 319 § 4.3, 2002)
6.05.270 Chasing or obstructing vehicles prohibited.
It is unlawful for any owner to permit any animal to in any manner obstruct, chase, run after or jump at vehicles lawfully using the public streets, avenues, alleys and ways. (Ord. 326 § 4.4, 2003; Ord. 319 § 4.4, 2002)
6.05.280 Injuring property prohibited.
It is unlawful for any owner to permit any animal to trespass on private or public property so as to destroy or cause damage to property (including garbage cans) or things of value.
Every person who owns or who has under his or her control or care any animal shall be responsible for picking up and immediately removing any offal or manure left by any such animal upon any public place or private property not owned by him or her. (Ord. 379, 2006; Ord. 326 § 4.5, 2003; Ord. 319 § 4.5, 2002)
6.05.290 Barking and other noise prohibited.
It is unlawful for any owner to keep any animal which, by frequent or habitual howling, yelping, barking or the making of other noises, disturbs any person. (Ord. 326 § 4.6, 2003; Ord. 319 § 4.6, 2002)
6.05.300 Accessible female in heat.
It is unlawful for any owner to keep a female domesticated animal, whether licensed or not, while in heat, under circumstances where the animal is accessible to other animals except for purposes of controlled and planned breeding. (Ord. 326 § 4.7, 2003; Ord. 319 § 4.7, 2002)
6.05.310 Animals confined in motor vehicles.
It shall be unlawful for any owner to confine an animal within or on a motor vehicle at any location under conditions which may endanger the health or well being of the animal, including, but not limited to, extreme temperatures, lack of food, water or attention, or confinement with a dangerous animal. Any official of the town is authorized to impound said animal when he/she reasonably believes it is confined in conditions as described above. (Ord. 326 § 4.8, 2003; Ord. 319 § 4.8, 2002)
6.05.320 Sick and injured animals.
All seriously sick and injured animals may be seized when not in the owner’s possession and may be euthanized or given emergency medical treatment. Costs for any medical treatment provided in this matter will be the responsibility of the owner of the animal. The impounding officer shall immediate notify the owner, if the owner is known, and if the owner is unknown, make all reasonable efforts to locate and notify the owner. (Ord. 326 § 4.9, 2003; Ord. 319 § 4.9, 2002)
6.05.330 Animals that are hit by a car.
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal’s owner. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to the King County sheriff. (Ord. 326 § 4.10, 2003; Ord. 319 § 4.10, 2002)
6.05.340 Vicious animal.
(1) It is unlawful for any owner to keep or maintain within the town a vicious dog or other animal, as defined in this chapter, unless the animal is securely confined on the owner’s premises in a manner so as not to endanger a person lawfully entering the owner’s property or other property.
(2) Any animal identified as vicious under this title, and not appropriately confined as required by this chapter, may be seized and impounded. Such animal may be redeemed by the owner or keeper, with adequate proof of provisions made for the appropriate control of the animal. Any animal not maintained in accordance with such agreement may be impounded and humanely destroyed. (Ord. 326 § 4.11, 2003; Ord. 319 § 4.11, 2002)
6.05.350 Cruelty to animals.
It is unlawful for any person to:
(1) Injure, kill, or physically mistreat any animal except as is expressly permitted by law;
(2) Lay out to expose or leave exposed any kind of poison or poisoned food or drink where accessible to an animal, or place such poisoned materials in a stream or other body of water, endangering fish or shellfish; provided, that nothing shall prevent the reasonable use of rodent poison, insecticides, fungicides or slug bait for their intended purposes; and provided, further, that nothing in this section shall prohibit any governmental agency acting in the course of its governmental duties;
(3) Tease or provoke any animal with the intent to cause fear or anger;
(4) Tether or confine any animal in such a manner or in such a place as to cause injury or pain or to endanger an animal; or to keep an animal in quarters that are injurious to the animal due to inadequate ventilation, inadequate protection from heat or cold, or that are insufficient in size to permit the animal to move about freely;
(5) Keep an animal in an unsanitary condition or fail to provide sufficient food, water, shelter, or ventilation necessary for the good health of that animal for more than 24 consecutive hours.
(6) Fail to provide his/her animal the medical care that is necessary for its health or to alleviate its pain;
(7) Permit any animal to fight or injure any other animal, or permit any animal to be fought or injured by any other animal; or to train or keep for the purpose of training any animal for the exhibition of such animal in combat with any other animal, whether for amusement of him/herself or others, or for financial gain; or permit such conduct on premises under his/her control, or to be present as a spectator at such exhibition;
(8) Possess tools, equipment, devices or training facilities for the purpose of training and/or engaging an animal in combat with another animal;
(9) Abandon any animal. (Ord. 326 § 4.12, 2003; Ord. 319 § 4.12, 2002)
Article V. Dangerous Dogs
6.05.360 Certificate of registration.
(1) It is unlawful for an owner to have a dangerous dog in the town without a certificate of registration issued under this chapter. This section shall not apply to police dogs as defined in RCW 4.24.410.
(2) The town clerk shall issue a certificate of registration to the owner of the dangerous dog if the owner presents to the animal control officer sufficient proof of:
(a) A proper enclosure to confine a dangerous dog and a posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. Said enclosure must conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;
(b) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the town clerk in the sum of at least $50,000 payable to any person injured by the dangerous dog; or a policy of liability insurance, such as homeowners’ insurance issued by an insurer qualified under RCW Title 48, in the amount of at least $50,000 insuring the owner for any personal injuries inflicted by the dangerous dog. (Ord. 326 § 5.1, 2003; Ord. 319 § 5.1, 2002)
6.05.370 Requirements for restraint.
It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under the complete physical control of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but it must prevent the dog from biting any person or animal. (Ord. 326 § 5.2, 2003; Ord. 319 § 5.2, 2002)
6.05.380 Confiscation.
(1) Any dangerous dog shall be immediately confiscated by the animal control officer or other authorized officer designated by the town, if the dog is not validly registered under SMC 6.05.360, if the owner does not secure the liability insurance required under this chapter, if the dog is not maintained in a proper enclosure, or is not properly restrained as required in this chapter. In any such case, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.020.
(2) If the dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog’s owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.020. In addition, the dangerous dog will be immediately confiscated by the officer, placed in quarantine for the proper length of time and thereafter disposed of in an expeditious and humane manner.
(3) The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether the dog has previously been declared potentially dangerous or dangerous, shall be guilty of a Class C felony punishable in accordance with RCW 9A.20.021. In addition, the dog shall be immediately confiscated by the animal control officer, placed in quarantine for the proper length of time and thereafter destroyed in an expeditious and humane manner. (Ord. 326 § 5.3, 2003; Ord. 319 § 5.3, 2002)
Article VI. Penalties
6.05.390 Animal control cost.
(1) For capture, secure and retain animal: cost of enforcement but no less than $50.00.
(2) Additional if housed overnight at town designated holding area: cost of enforcement but no less than $25.00.
(3) Town clerk will bill accordingly. (Ord. 326 § 6.0, 2003; Ord. 319 § 6.0, 2002)
6.05.400 Transportation costs.
The town of Skykomish or duly authorized officers will charge cost of enforcement a fee of no less than $50.00 for any animal impounded and transported. This fee is in addition to any county animal control charges. (Ord. 326 § 6.1, 2003; Ord. 319 § 6.1, 2002)
6.05.410 Violation – Penalty.
Any person violating any provisions of this chapter or failing to comply with any of the mandatory requirements of this chapter shall be given, unless otherwise provided for, the following:
(1) First offense: a written warning.
(2) Second offense within 12 months of first offense: a civil penalty cost of enforcement but not less than $50.00.
(3) Third offense within 12 months of second offense: a civil penalty cost of enforcement but not less than $75.00.
(4) Fourth offense within 12 months of the third offense: a misdemeanor punishable by cost of enforcement but not less than a fine of $250.00 and/or 30 days in the county jail. (Ord. 326 § 6.2, 2003; Ord. 319 § 6.2, 2002)
6.05.420 Violation – Impoundment.
(1) If the owner is not known or is not available, the authorized official may impound any animal found to be in violation of this chapter; provided, however, that for violations of SMC 6.05.380(2) and (3), the authorized official may impound the animal on any property, including that of the alleged owner of the animal, upon receiving a written complaint from the victim thereof.
(2) Upon any animal being impounded, the impounding authority shall, as soon as feasible, notify the owner, if the owner is known, of the impounding of the animal, and the terms upon which the animal can be redeemed. For the purposes of this section, the notice may be by telephone or by other means appropriate in the circumstances, which notice shall include a description of the animal impounded, the reason for impoundment, the date upon which such impounding occurred, and shall advise the owner that the animal will be disposed of by the impounding authority unless redeemed within the time limits provided in this chapter.
(3) The owner of any animal impounded under this title may redeem it within 72 hours from the time of impoundment by paying to the impounding authority a service charge to be determined by the town council, and if the animal is a dog or cat which is not licensed, shall also pay the appropriate fee for a license. Payment of impoundment fees is not considered to be in lieu of any fine, penalty or license fees. If such animal is not redeemed by the owner within 72 hours, it will be made available for sale for the next 48 hours. In case such an animal is not redeemed or purchased at the end of such time (120 hours), it may be humanely destroyed. Holidays and Sundays shall not be considered when computing the holding period.
(4) In the event that the owner of the animal is not known, a notice providing appropriate information as described in subsection (2) of this section shall be posted on the bulletin board maintained by the impounding authority. The notice shall remain posted for a period of 120 hours from the date of impoundment, or less if the animal is redeemed or purchased after the 72 hour holding period required by subsection (3) of this section. (Ord. 326 § 6.3, 2003; Ord. 319 § 6.3, 2002)
6.05.430 Violation – Misdemeanor.
In addition to civil penalties listed in SMC 6.05.410, persons convicted of violation of the following subsections may be charged with a misdemeanor punishable by cost of enforcement and a fine of not more than $250.00 and/or not more than 30 days in the county jail.
(1) SMC 6.05.070, Obstructing an animal control officer – Misdemeanor;
(2) SMC 6.05.340, Vicious animal;
(3) SMC 6.05.350, Cruelty to animals;
(4) Failure to respond to notice of civil penalties listed in SMC 6.05.410. (Ord. 326 § 6.4, 2003; Ord. 319 § 6.4, 2002)