Chapter 6.12
ANIMALS RUNNING AT LARGE

Sections:

6.12.010    Prohibited upon unenclosed lands or upon streets.

6.12.020    Dangerous animals prohibited at large.

6.12.030    Public pound – Established.

6.12.040    Officers to receive and care for animals found.

6.12.050    Impoundment – Notice requirements.

6.12.060    Impoundment – Claiming by owner.

6.12.070    Repealed.

6.12.080    Repealed.

6.12.090    Impoundment – Animal control officer’s duties.

6.12.100    Impoundment – Fees.

6.12.120    Hindering impoundment unlawful – Penalty.

6.12.130    Violation – Penalty.

6.12.010 Prohibited upon unenclosed lands or upon streets.

No horse, sheep, goat, ass, mule, jenny, colt, filly or swine, and no cattle of any kind shall be allowed to run at large or be herded any hour of the day or night, upon any unenclosed lands, public or private, within the limits of the city of Sultan, or upon any public street, avenue, alley or other public place in said city, and if two or more of said animals are housed, kept, or allowed to graze within the city of Sultan, said animals must be housed, kept or allowed to graze on a ground area of sufficient size to provide at least one-half acre of grazing land for each of said animals. (Ord. 439, 1983; Ord. 38 § 1, 1910; Ord. 27 § 1, 1908)

6.12.020 Dangerous animals prohibited at large.

No stallion, bull, boar or any vicious animal shall be permitted to run at large or be herded, or be driven or led when such animal is not safely secured upon any unenclosed lands, public or private, or upon any public street, avenue, alley or other public place of said city. (Ord. 27 § 2, 1908)

6.12.030 Public pound – Established.

The enclosure and shed to be hereafter designated by the council heretofore provided as a public pound, is established as the public pound of said city. (Ord. 27 § 4, 1908)

6.12.040 Officers to receive and care for animals found.

A. Any animal, described in this chapter, found running at large within the limits of the city, in violation of the provisions of this chapter, may be taken up by any person and delivered to the animal control officer of the city and it shall be the duty of any of said officers to receive any animal so delivered and to take up any and all animals described in this chapter found violating the provisions of this chapter within the limits of said city and to impound the same.

B. Such animals so taken up and impounded shall be provided with proper care, food and water while so confined. (Ord. 1411-24 § 4; Ord. 27 § 5, 1908)

6.12.050 Impoundment – Notice requirements.

The animal control officer, impounding any animal, shall give written notice thereof at the earliest opportunity after capture of said impounding, containing a description of the animal or animals so impounded, to the owner, if known, or if not known then by posting a notice on the city of Sultan’s official website and/or social media platforms, which notice shall state that the animal or animals described therein have been taken up and impounded. (Ord. 1411-24 § 5; Ord. 27 § 6, 1908)

6.12.060 Impoundment – Claiming by owner.

If at any time before such destruction or adoption in a manner consistent with SMC 6.04.130, the owner of any animal or animals so taken up or impounded shall claim the same, they shall be entitled to the possession thereof upon presentation to the animal control officer, or other person in charge of said pound, the receipt of the city clerk or treasurer for all legal fees, charges and expenses incident to such taking up, keeping and impounding. (Ord. 1411-24 § 6; Ord. 27 § 7, 1908)

6.12.070 Impoundment – Sale at auction.

Repealed by Ord. 1411-24. (Ord. 27 § 8, 1908)

6.12.080 Impoundment – Owner to receive proceeds if claimed within one year.

Repealed by Ord. 1411-24. (Ord. 27 § 9, 1908)

6.12.090 Impoundment – Animal control officer’s duties.

A. It shall be the duty of the animal control officer or other person in charge of the pound to keep the pound secure and properly care for all animals that may delivered into their custody until destroyed or adopted as provided in SMC 6.04.120.

B. Upon receipt of any animal, the animal control officer shall document the name of the person delivering the animal, the day and hour of its receipt, and a description to a reasonable certainty of the animal or animals and the name of the owner or owners if known; they shall also document the release of all animals, including the name of the owner to whom delivered, together with the amount realized with such release. (Ord. 1411-24 § 9; Ord. 27 § 10, 1908)

6.12.100 Impoundment – Fees.

The fee to be charged for the taking up and impounding of any animal and for the care and keeping of such of each animal and the manner and time of payment thereof shall be established by resolution of the city council from time to time as such council deems proper. (Ord. 441, 1983; Ord. 27 § 11, 1908)

6.12.120 Hindering impoundment unlawful – Penalty.

If any person willfully prevents or hinders, or attempts to prevent or hinder, the impounding of any animal running at large in the city, or otherwise violating the provisions of this chapter, or by force removes or attempts to remove any animal from the public pound or contracted shelter without the authority of the animal control officer, or other person in charge of said pound, or aids in any attempt to remove any animal or animals from said pound, such persons shall be in violation of this chapter, which shall constitute an infraction or criminal offense. The penalties for said violations are set forth in SMC 6.12.130. (Ord. 1411-24 § 10; Ord. 471, 1985; Ord. 27 § 13, 1908)

6.12.130 Violation – Penalty.

Failure to perform any act required or the performance of any act prohibited by this article is designated as an infraction for the first and second offense and as a criminal offense for each violation thereafter. The penalties for said violations are as follows:

A. First offense, $25.00;

B. Second offense, $50.00;

C. Third offense and each additional offense, $100.00 per offense and/or imprisonment for a period not to exceed three days;

D. Criminal offense bail, $100.00 per offense. (Ord. 471, 1985; Ord. 294 § 14, 1968)