Chapter 6.05 ANIMALS AND FOWL

D. “Animal control authority” means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.

E. “Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

F. “Animal shelter” means any facility operated by a humane society, or municipal agency, or its authorized contractors or agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

G. “At large” means that an animal is off the premises of the owner or other competent person having charge of such animal or upon the public streets, alleys, public grounds or parks within the city. An animal shall not be deemed at large if:

1. It is attached to a leash or chain of sufficient strength to restrain the animal and not more than eight feet in length, when said leash or chain is held by a person competent to restrain and control the animal off the owner’s premises; or

2. It is properly restrained within a motor vehicle or housed in a veterinary hospital; or

3. The animal or animals are left unattended on the owner’s premises, and it or they shall be so confined, tied or restrained as to be unable to range beyond the owner’s premises.

H. “Chief animal control officer” means the police chief, unless that responsibility is specifically otherwise delegated by the mayor.

I. “Competent person” means any person who, by reason of age, physical ability and training, is capable of maintaining control of an animal to the extent required by this chapter.

J. “Dangerous dog” means any dog that, according to the records of the appropriate authority:

1. Has inflicted severe injury on a human being without provocation on public or private property; or

2. Has killed a domestic animal without provocation while the dog is off the owner’s property; or

3. Has 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.

K. “Dog” means and includes female, spayed female, male and neutered male dogs.

L. “Fowl” means any warm-blooded, egg-laying vertebrate of the class Aves having feathers, forelimbs modified into wings, scaly legs and a beak.

M. “Health officer” includes any person designated as such by the Pacific County district health office or any other person designated as such by the city council.

N. “Household pets” means any dogs, cats, rabbits, ducks, geese, pigeons, chickens or other similar animals over the age of six months.

O. “Large domestic animal” means any pigs, hogs, horses, sheep, goats, llamas, ponies, oxen or other hoofed animals.

P. “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal. If the owner of the animal is a juvenile, a parent or other custodian of such juvenile shall, for the purposes of this chapter, be the owner of the animal.

Q. “Person” includes any person, partnership, corporation trust or association of persons.

R. “Potentially dangerous dog” means any dog that when unprovoked:

1. Inflicts bites on a human or a domestic animal either on public or private property; or

2. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or 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.

S. “Proper enclosure” means, while on the owner’s property, a dangerous, potentially dangerous or wild animal shall be securely confined indoors or in a securely enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides not less than five feet high and a secure top, and shall provide protection from the elements for the animal. The requirement for a secure top on the enclosure may be waived by the animal control officer upon showing that it is unnecessary. (This section shall not apply to guard dogs or watch dogs utilized to secure premises enclosed by a fence or wall not less than five feet high and resistant to tunneling, located within an industrial or commercial zone.)

T. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

U. “Stray animal” means an animal found at large without any apparent owner or home.

V. “Unaltered” means an animal which has not been either spayed or neutered.

W. “Veterinary hospital” means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals.

X. “Wild,” when referring to an animal, includes any lion, tiger, bear, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, fox, coyote, lynx or poisonous reptile or serpent, or other similar wild or exotic animals.

Whenever a type or breed of animal is described in this chapter, it includes any hybrid, cross breed or mixed breed of such animal to any degree that the type or breed can be identified by the animal’s appearance, behavior and/or pedigree.

Whenever a power is granted to, or a duty is imposed upon, the chief animal control officer or other public officer, the power may be exercised or the duty performed by an agent of the officer or by any person duly authorized unless this chapter expressly provides otherwise.

All other words and phrases used in this chapter will have their commonly accepted meanings. (Ord. 1440 § 2, 2011).

6.05.020 License required – Fee.

A. Except as provided in subsection (F) of this section, it is a violation for any person to own, possess, keep, or harbor any dog over six months of age within the city unless such dog is licensed and a license tag attached as provided in this chapter.

1. Licenses shall be issued by the city upon payment of the required city license fee. Licenses issued after the first day of November of each year shall be valid until the last day of December of the next following year; all other licenses shall expire on December 31st of the year issued.

2. Before a license is issued for any dog, the owner must certify under penalty of perjury that the dog has been vaccinated against rabies. The owner must provide a certification of vaccination signed by a licensed veterinarian showing that the vaccination does not expire prior to the expiration date of the license upon request.

B. Before a license is issued for any dangerous dog, the owner shall present sufficient evidence of:

1. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;

2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW, in a form acceptable to the animal control authority in the sum of at least $50,000, payable to any person injured by the dangerous dog; or

3. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $50,000, insuring the owner versus any personal injuries inflicted upon another person by the dangerous dog.

C. The following license fees shall be paid upon application for a license:

1. Standard altered dog license: $10.00;

2. Standard unaltered dog license: $20.00;

3. Dangerous dog license: $500.00;

4. Service dogs, including seeing eye dogs and other dogs trained to assist disabled or handicapped persons: no license fee;

5. Government police dogs: no license fee.

D. The license and fee requirements of this section shall not apply to dogs owned by nonresidents temporarily within the city for a period of not more than 30 days.

E. License tags shall not be transferable. No refund shall be made of any license fee for any reason.

F. In the event any license tag is lost, a duplicate shall be caused to be issued, at no cost, by the city upon presentation of the original license receipt. (Ord. 1440 § 3, 2011).

6.05.030 Counterfeit or alteration – Violation.

It is a violation to counterfeit or alter any license, license receipt, or license tag provided for in this chapter, or to take from any dog a license tag legally placed upon that dog with the intent to place it upon another dog, or to place upon a dog a license tag not validly issued for such dog, or to remove any dog license tag legally placed upon that dog without permission of the dog owner. (Ord. 1440 § 4, 2011).

6.05.040 Application.

Application for dog license shall be made on forms provided for such purpose, and shall contain the name and address of the owner, the name, breed, color and sex of each dog owned or kept by him, as well as a current picture of the dog. (Ord. 1440 § 5, 2011).

6.05.050 Tag.

Upon payment of the license fee, the clerk shall issue a receipt and a metallic tag for each dog licensed. The tag shall have stamped on it the year for which issued and a number corresponding to the number shown on the receipt. Each owner will be required to provide each dog with a collar to which the license tag must be affixed, and shall be responsible for seeing that the collar and tag are constantly worn in such a manner that it may be easily seen by animal control officers. (Ord. 1440 § 6, 2011).

6.05.060 Change of ownership.

If there is a change in the ownership of a licensed dog, the new owner shall promptly notify the clerk thereof, and proper notation of such change in ownership shall be made on the application for which the current tag was issued. (Ord. 1440 § 7, 2011).

6.05.070 License and permit – Denial and revocation.

A. The chief of police or his designee may deny or revoke any permit or license issued pursuant to this chapter if the person requesting or holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by the city of South Bend, or any law governing the protection and keeping of animals.

B. It shall be a condition of the issuance of any permit or license that the city of South Bend shall be permitted to inspect all dogs and the premises where dogs are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.

C. If the applicant has withheld or falsified any information on the application or any accompanying documents, the city of South Bend shall refuse to issue or may revoke a permit or license. Knowingly falsifying any information on a license application or veterinarian’s certificate is a violation of this chapter subject to the penalties under SBMC 6.05.230.

D. No person who has been convicted of an offense involving cruelty to animals shall be issued a permit or license to operate a commercial animal establishment for 24 months after the date of such conviction.

E. Any person having been denied a license or permit may not reapply for a period of 30 days. Each reapplication shall be accompanied by a $10.00 fee, which shall be in addition to the fees required under SBMC 6.05.020.

F. Any person whose permit or license is revoked or denied shall, within 10 days thereafter, humanely dispose of all dogs owned, kept, or harbored by such person and no part of any permit or license fee shall be refunded.

G. Any person convicted of a misdemeanor as provided in this chapter shall:

1. Not be allowed to apply for a license or permit for two years after the date of conviction; and

2. Have any current valid dog license or permit revoked by the city. (Ord. 1440 § 8, 2011).

6.05.080 Denial or revocation of license or permit – Appeal.

A. If the chief of police determines pursuant to SBMC 6.05.070 that a license or permit should be denied or revoked, the chief shall notify the applicant, permittee or licensee of that decision, in writing and with the reasons therefor, in person or by certified or registered mail. The notice shall also include the applicant’s right to a hearing or an appeal under this section.

B. Within 10 business days after posting of the notice as provided in subsection (A) of this section, the applicant may request a hearing before the chief to show cause why such license or permit should be granted or should not be revoked. If the applicant does not request a hearing before the expiration of the 10-day period, the decision of the chief shall become final.

C. If a hearing is requested and, after such hearing, the chief decides that the license or permit should not be issued or that a previously issued license or permit should be revoked, he shall so notify the applicant of this determination in writing. The applicant may appeal by filing a written notice of appeal with the city council within 10 business days of this notification. At his option, the chief of police may treat a request for a hearing as an appeal under the following section.

D. Upon receipt of an appeal, or notification by the chief that he is electing to treat a request for a hearing as an appeal, the council shall schedule a hearing at the earliest opportunity and shall notify the applicant and the chief of the date of the hearing. Following a hearing the council may affirm, modify, or reverse the decision of the chief. Action by the council shall be final and effective immediately. (Ord. 1440 § 9, 2011).

6.05.090 Leash required.

It shall be unlawful for any person to cause, permit, or allow any dog owned, controlled or kept by him in the town of South Bend to roam, run or stray away from the premises of the owner or licensee of such dog except when such dog is under restraint by means of a leash controlled by a competent person. (Ord. 1440 § 10, 2011).

6.05.100 Nuisance.

In each of the following instances, the animal involved is declared to be a public nuisance, and may be impounded and held in accordance with the provisions of this chapter:

A. Any animal at large within the city;

B. Any animal which, by frequent or habitual howls, barks, crowing or other loud noises, unreasonably annoys or disturbs another resident in the immediate neighborhood;

C. Any animal which snarls, growls or otherwise menaces, molests or comes in contact with any person or passing vehicle using any public street, alley, or sidewalk;

D. Any stray animal;

E. Any animal, the keeping, possession or ownership of which is in violation of any provision of this chapter;

F. Any animal which has not been licensed as provided by this chapter or which does not have a proper license tag attached to it;

G. Any animal which damages private or public property, spreads or spills garbage, or deposits fecal matter on any property not that of his or her owner;

H. Any animal which is in imminent danger of harm or which is suffering from obvious neglect;

I. Any potentially dangerous dog. (Ord. 1440 § 11, 2011).

6.05.110 Public nuisance – Violation.

It is a violation of this chapter for any owner to fail to exercise proper care and control of his or her animal to prevent it from becoming a public nuisance. (Ord. 1440 § 12, 2011).

6.05.120 Keeping dog – When unlawful.

It shall be unlawful for any person to keep or harbor a dog found to be a nuisance whether such dog is licensed or not. (Ord. 1440 § 13, 2011).

6.05.130 Harboring or feeding wild, vicious or dangerous animals.

A. No person, being the owner of any wild, dangerous or vicious animal, shall keep, harbor or maintain the same on or off his or her premises in a manner endangering or likely to endanger the safety of persons, property or other animals, nor shall he or she allow the same to run at large within the city.

B. Upon the trial of any person charged with a violation of this section, the court may determine whether or not the animal is wild, vicious or dangerous and whether or not the animal should be destroyed, licensed or otherwise disposed of in accord with the provisions of this chapter. The court may make such determination concerning the animal notwithstanding its finding of guilt or innocence of the person charged.

C. It shall be a defense to any charge under this section involving an alleged vicious or dangerous animal that the person endangered was committing, was about to commit or had just committed a trespass or crime and that the animal’s reaction was a natural result thereof.

D. In order to protect the public health and prevent the occurrence of rabies in dogs and cats and in wild animals which are used as pets and which may transmit rabies to human beings, it shall be unlawful to:

1. Import into the city any skunk, fox, or raccoon for sale, barter or exchange, or as a gift or for use as a personal pet; or

2. Acquire, sell, barter, exchange, give, purchase, trap or retain, as pets or for export, any skunk, fox, or raccoon. Nothing herein prohibits the importation or possession of a skunk, fox, or raccoon by a bona fide publicly or privately owned zoological park, circus, or other show where animals are exhibited but are not in physical contact with the public, or by scientific or educational institutions, nor does it prohibit the use of such animals in fur farming.

E. No person shall knowingly feed or willingly supply food to any wild animal or free fowl, including but not limited to raccoons, possums, skunks, foxes, pigeons or seagulls.

Any person violating the provisions of this section shall be guilty of a gross misdemeanor. (Ord. 1440 § 14, 2011).

6.05.140 Rabies.

A. In addition to and notwithstanding any other provisions of this chapter, whenever any person has been bitten by any animal and there is no reason to suspect that the animal is rabid, at the discretion of the local health officer or an animal control officer, the animal involved may be restricted for 10 days’ observation in such manner as to prevent contact with other animals or persons except for the caretaker.

B. The department of health or police department may, if there is reason to believe the animal may be rabid, order the animal surrendered to an animal shelter or veterinary hospital to be confined at the owner’s expense. The cost of confinement shall be $4.00 per day or actual costs, whichever is greater.

C. No person shall knowingly allow an animal confined under provisions of this chapter to escape, or sell, give away, or otherwise dispose of such animal before the expiration of the quarantine period. (Ord. 1440 § 15, 2011).

6.05.150 Impounding dogs – When.

A. Any unlicensed dog, and any dog declared to be a nuisance, shall be seized and impounded by the animal control officer or some other person or agency duly authorized by the mayor and council.

B. If the name of the owner of the impounded dog is known to or can be readily determined by the animal control officer, the animal control officer shall give notice of such impounding in substantially the following manner: as soon as reasonably practicable after the animal is impounded, the animal control officer shall make reasonable attempts to notify the owner by note, telephone or mail that the animal has been impounded and is subject to redemption, and may be redeemed as herein provided. No such notice shall be required if the dog has no license tag.

C. Any impounded dog shall be kept in custody not less than 72 hours, and if the owner of any dog so impounded shall not redeem such dog by paying the charges as herein provided, then it shall be the duty of the animal control officer, or other authorized person or agency, to offer such dog for sale in consideration of the payment for such redemption charges or to destroy or otherwise dispose of the dog by humane methods.

D. If any dog so sold is not to be kept within the corporate limits of the town of South Bend, the purchaser of such dog shall not be required to pay the license fee therefor as herein required.

E. In case of failure to obtain a purchaser, it shall be the duty of the animal control officer to immediately arrange to destroy or otherwise dispose of the dog by humane methods. (Ord. 1440 § 16, 2011).

6.05.160 Redemption of impounded dog.

A. Unless specific provisions of this chapter require impounding for a longer period of time, any impounded animal may be redeemed by the owner, or an authorized representative of the owner, from the animal control officer upon proof that the following conditions have been met:

1. On the first impoundment of an animal an impounding and boarding fee established by the police chief shall be paid; provided, that on subsequent impoundment of the same animal within a 12-month period the impounding fee shall be increased by $50.00;

2. If the owner has no valid license tag for the animal and a license is required by the provisions of this chapter, the owner shall obtain a license tag or duplicate for the current year;

3. If no license is required for the animal, proof of a current rabies vaccination must be produced.

B. Notwithstanding subsection (A) of this section, no animal impounded under this chapter as a dangerous dog or potentially dangerous dog shall be released or redeemed without a hearing first being held before the municipal court judge. Notice of the hearing shall be provided to the owner pursuant to the provisions of SBMC 6.05.150 at least 24 hours prior to the date and time of the hearing. If after such hearing the judge determines that the animal has or exhibits vicious or dangerous propensities and would, if released, constitute any threat to the welfare of the residents of the city, the judge is authorized to direct the governmental agency having jurisdiction over the animal to destroy or otherwise satisfactorily dispose of the animal. (Ord. 1440 § 17, 2011).

6.05.170 Disposition of unclaimed animals.

A. Unless specific provisions of this chapter require impounding for a longer period of time, if an impounded animal is not claimed and redeemed within 72 hours, excluding Sundays and holidays, it shall become the property of the city and it may be sold, relinquished for adoption, or humanely destroyed as arranged by the animal control officer; provided, that any person who wishes to adopt an unspayed or unneutered dog or cat shall first have the animal spayed or neutered.

B. Each person adopting an impounded animal from the city of South Bend shall pay a nonrefundable adoption fee of $15.00. (Ord. 1440 § 18, 2011).

6.05.180 Immediate destruction of animals.

An animal control officer or police officer may immediately destroy any animal when:

A. The health or safety of a person is at risk and impoundment would be impracticable; or

B. For humane considerations; or

C. The animal is engaged in chasing deer, elk or other wildlife managed by the Washington State Fish and Wildlife Commission. (Ord. 1440 § 19, 2011).

6.05.190 Quarantine.

Any dog which bites a person shall be quarantined for 10 days if ordered by the director of the Pacific County health department. During quarantine the dog shall be securely confined and kept from contact with any other animal. At the discretion of the director, the quarantine may be on the premises of the owner. If the director requires other confinement, such as an animal shelter or veterinary hospital, it shall be at the expense of the owner. Upon diagnosis of rabies in a dog in quarantine, it shall be humanely killed and its head sent to a laboratory for pathological examination and confirmation of diagnosis. (Ord. 1440 § 20, 2011).

6.05.200 Animal care.

A. It shall be unlawful for any person within the city of South Bend to keep, treat, or maintain any dog, cat or other animal in a cruel, inhumane or unsanitary manner.

B. Every female dog or cat in heat shall be kept confined to the owner’s property or in a veterinary hospital or boarding kennel so that such female dog or cat cannot come in contact with other animals except for intentional breeding purposes.

C. Dogs or cats kept outdoors for more than six hours at one time must be provided with a moisture-proof and windproof shelter of a size which allows the animal to turn around freely and to easily sit, stand and lie in a normal position and to keep the animal clean, dry and comfortable.

D. Every owner shall provide his or her animals with sufficient good and wholesome food and water, and veterinary care when needed to prevent suffering.

E. 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, an animal control officer, or the police department.

F. It is unlawful for an owner to:

1. Allow the accumulation of cat, dog or other animal feces in any open area, run, cage or yard wherein dogs, cats or other animals are kept and fail to remove or dispose of feces at least once every 72 hours.

2. Fail to remove the fecal matter deposited by his or her animal on public property or private property of another before the owner leaves the immediate area where the fecal matter was deposited.

3. Fail to have in his or her possession the equipment necessary to remove his or her animal’s fecal matter when accompanied by that animal on public property or public easement. (Ord. 1440 § 21, 2011).

6.05.210 Interference.

It shall be unlawful for any person to attempt to prevent or hinder the animal control officer or any other officer from carrying out the provisions of this chapter. (Ord. 1440 § 22, 2011).

6.05.220 Disposition of fees.

All license fees, impounding fees, and any other moneys collected under this chapter by any person authorized to do so shall be turned over to the city clerk/treasurer, unless otherwise authorized by the city clerk/treasurer. (Ord. 1440 § 23, 2011).

6.05.230 Violation – Penalty.

A. A person who violates the provisions of this title or who fails to comply with any of its requirements shall be subject to the procedures and sanctions set forth in the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) or any amendments thereto. For the first offense within a 12-month period, the person shall be fined an amount not less than $75.00. For a second offense within a 12-month period, the person shall be fined an amount not less than $100.00. For any third or subsequent offense within a 12-month period, the person shall be fined an amount not less than $150.00.

B. In addition to the civil penalty provisions provided in this section, any person who violates any of the provisions of this chapter is guilty of a misdemeanor, except a violation of SBMC 6.05.130 or 6.05.240. The penalty for each violation is a fine of not more than $1,000 or imprisonment for not more than 90 days or both.

C. In addition to the civil penalty provisions provided in this section, any person who violates any of the provisions of SBMC 6.05.130 or 6.05.240 is guilty of a gross misdemeanor. The penalty for each violation is a fine of not more than $5,000 or imprisonment for not more than one year or both.

D. When a court determines that a person has committed a civil infraction under this chapter and the Infraction Rules for Courts of Limited Jurisdiction, the city of South Bend may collect penalties, assessments, costs and/or fines by any procedure established for the collection of debts that are owed to the city.

E. Any disposition of a violation pursuant to this chapter and the Infraction Rules for Courts of Limited Jurisdiction or any amendments thereto shall not absolve the person from correcting or abating a violation and shall not prevent the prosecuting authority from pursuing criminal prosecution, other civil action including, but not limited to, injunctive relief, license revocation, and abatement, or all of the above. If the city prevails in a separate civil action, the court may award the city reasonable costs, including but not limited to the costs of the responsible official’s time, witness fees, attorney fees, court costs, and the costs to the city of abatement or of enforcement of an injunction, or both.

F. Any or all of the remedies articulated in this section may be used by the city to enforce this chapter. Nothing contained in this chapter shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. 1440 § 24, 2011).

6.05.240 Dangerous dogs.

A. Notice to Owners. In order to declare a dog to be dangerous, the animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested.

B. Notice Content. The notice must state:

1. The statutory basis for the proposed action;

2. The reasons the authority considers the animal dangerous;

3. A statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in subsection (F) of this section; and

4. An explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous.

C. Determination – Meeting and Order. Prior to the city issuing its final determination, the city shall notify the owner in writing that he or she is entitled to an opportunity to meet with the city, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of 15 calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the 15-day time period set forth in this section. After such meeting, the city must issue its final determination, in the form of a written order, within 15 calendar days. In the event the city declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the city.

D. Appeal. The owner may appeal a final determination that the dog is dangerous to the municipal court. The owner must make such appeal within 20 days of receiving the final determination. While the appeal is pending, the city may order that the dog be confined or controlled in compliance with SBMC 6.05.150 and 6.05.160. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control.

E. Certificate of Registration Required – Exception. It is unlawful for an owner to have a dangerous dog in the state without a certificate of registration issued under this section. This section shall not apply to police dogs as defined in RCW 4.24.410.

F. Certificate of Registration – Criteria. The animal control authority of the city shall issue a certificate of registration to the owner of such dangerous animal if the owner presents to the animal control unit sufficient evidence of:

2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least $250,000, payable to any person injured by the dangerous dog; or

3. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog.

G. Fee. The owner of a dangerous dog shall pay an annual fee, in addition to regular dog licensing fees, to register dangerous dogs.

H. Requirements for Restraint. It is unlawful for an owner of a dangerous dog or potentially 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 physical restraint 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 shall prevent it from biting any person or animal.

I. Dogs Not Declared Dangerous. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

J. Dangerous Dog – Confiscation. Any dangerous dog shall be immediately confiscated by an animal control authority if the: (1) dog is not validly registered under this chapter; (2) owner does not secure the liability insurance coverage required under this chapter; (3) dog is not maintained in the proper enclosure; or (4) dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. The owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within 20 days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within 20 days of notification. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.

K. Dangerous Dog – Owner Responsibility for Future Attack. If a 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 gross misdemeanor. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked the defendant’s dog without justification or excuse. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (Ord. 1440 § 25, 2011).

6.05.250 Animal sanitation in public place – Keeper’s responsibility.

The keeper of an animal, except a domestic cat, shall:

A. Remove for disposal any fecal matter deposited by his or her animal in the city on any public sidewalk, street, alley or in any city park, playground or cemetery, any other public place, or on the premises of a person other than the keeper when such animal is on that premises without the express or implied permission of the owner or person in possession of such premises before the keeper leaves the immediate area where the fecal matter was deposited; and

B. Have in his or her possession the equipment necessary for removal of the fecal matter when accompanied by said animal on the public property described in subsection (A) of this section. (Ord. 1440 § 26, 2011).

6.05.260 Animal sanitation in public place – Violation – Penalty.

Any person violating SBMC 6.05.250 shall be guilty of an infraction and the fine or bail forfeiture for such violation shall not be less than $75.00 nor more than $500.00 for each offense and in addition thereto, in the sound discretion of any court in which conviction is obtained, such person may be directed by the judge to pick up and remove from any public or any private property with prior permission of the legal owner, upon which it is established by competent evidence that any fecal matter was deposited by such person’s animal, all fecal matter deposited thereon by any animals prior to the date of execution of sentence. (Ord. 1440 § 27, 2011).

6.05.270 Fowl.

A. It is unlawful for any person, firm or corporation to keep, use or maintain within the city any pen, lot, place or premises in which any fowl may be confined or kept in such manner as to be noisome, foul or offensive, or from any cause to be an annoyance to any community, family or person.

B. It is unlawful for any person, firm or corporation to permit any fowl owned by or for which he or it is responsible to run at large within the city.

C. Any fowl in violation of this section may be impounded or disposed of.

D. It is unlawful for any person to feed any wild or free flying fowl, including but not limited to pigeons, seagulls, crows, ravens and starlings within the city. This provision shall not apply to hummingbirds or to 18-inch by 18-inch self-contained bird feeders designed for sparrows and other similar small birds not listed herein. (Ord. 1440 § 28, 2011).

6.05.280 Hoofed animals.

It is unlawful for any person to keep or maintain within the city any hoofed animal, including but not limited to horses, sheep, goats, cows, mules, and llamas, except under the following conditions:

A. Such animals shall be kept and maintained in such manner as not to be noisome, foul or offensive, or from any cause to be an annoyance to any community, family or person; and

B. Such animals shall be provided adequate space, which shall be a minimum of 20,000 square feet per horse, cow or mule and a minimum of 5,000 square feet per animal for any other hoofed animal; and

C. The property on which such animal(s) is kept or maintained shall be fenced to adequately contain the animal(s) and prevent them from roaming freely within the city; and

D. Such animals shall be allowed only within the agriculture zone. (Ord. 1440 § 29, 2011).

6.05.290 Slaughter of animals.

It is unlawful for any person to slaughter any animal within the city. (Ord. 1440 § 30, 2011).