Chapter 6.05
DOGS
Sections:
6.05.005 Purpose and legislative intent.
6.05.020 Dog registration, license, and fee – Required.
6.05.025 Limitation on the number of dogs – Excess dog registration, license, and fee required.
6.05.030 Dog (license) tag fees – Required.
6.05.035 Rabies – Vaccination and certification required.
6.05.040 Spayed or neutered dogs.
6.05.045 Dog license term – Late fees.
6.05.050 Dog behaviors and actions are subject to control by the owner or keeper.
6.05.055 Penalties for not controlling dogs.
6.05.065 Dogs in heat – Confinement required.
6.05.075 Dogs suspected of having rabies.
6.05.005 Purpose and legislative intent.
The human experience benefits in many ways from the companionship and service of dogs. To obtain such benefits, people must responsibly keep dogs. When people fail to keep dogs responsibly, the community may be subjected to nuisance and health problems. The purpose of the dog control ordinance codified in this chapter is to strike a balance between the rights and responsibilities of dog owners and the community at large so that the community can both enjoy the benefits of responsible dog ownership that enhances the quality of life for the city’s residents while avoiding problems which arise when dogs are not properly cared for.
The regulations in this chapter are enacted to improve safety and sanitation related to the housing of dogs and the general welfare of city residents. The ability to implement and enforce the regulations is dependent on the cooperation of dog owners and on the funding and staff available to the city at any time for enforcement. The regulations will increase public safety, but it is not intended or foreseen that they will protect citizens from every inconvenience or harm occasioned by dogs. (Ord. 2022-03 § 1, 2022).
6.05.010 Definitions.
As used in this chapter:
A. “Adult dog” means any dog older than three months of age.
B. “Aggressively bites” means any physical bite by a dog in combination with any of the following: snarling, baring teeth, chasing, growling, snapping, pouncing, lunging, multiple attacks, multiple lunges, or multiple bites.
C. “Allow” means to grant, approve, or permit, by action or inaction.
D. “Animal control authority” means the Yakima Humane Society.
E. “Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority to aid 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 another employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
F. “At large,” with regards to dogs, means being on public property and not under the actual control of a competent person or being on private property without permission of the person in control of such premises.
G. “Confined” or “confinement” means a pen or structure that has attached sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot and are so constructed in a manner that prevents escapement.
H. “Restricted dog” means any dog that:
1. With or without provocation seriously bites, attacks, or otherwise inflicts serious physical injury on a human or other domestic animal on public or private property.
2. Has been involved in any incidence of biting, fighting, chasing, or running at large that has caused injury to, or otherwise endangers the life and safety of, humans or other domestic animals; or
3. Injures or kills a domestic animal without provocation while off the dog owner’s property.
I. “Dog running at large” means a dog that is unrestrained either by enclosure or other restraint or by leash when off the owner’s property. This definition does not apply to dogs while actively participating in a dog show or trial or while a dog is assisting the visually or physically impaired.
J. “Humane Society” means the Yakima Humane Society and the employees thereof.
K. “Minor physical injury” means an abrasion, bruise, contusion, laceration, scrape, or slight puncture wound that does not require sutures. Minor physical injury may or may not require medical attention.
L. “Nuisance” means any act or failure to perform a duty, which act or failure to act results in annoyance or inconvenience or injures or endangers the comfort, repose, health, or safety of other people or interferes with another person’s use of the property.
M. “Nuisance dog” shall mean any dog which gives offense to human senses or interferes with the enjoyment of life or property. The term shall include, but not be limited to, any dog which:
1. On three separate occasions within a 36-month period has been cited or impounded for being a dog running at large.
2. Causes damage to the property of anyone other than its owner or keeper.
3. Harasses or intimidates.
4. Repeatedly chases vehicles that are not on their owner’s property.
5. Makes disturbing noises such as barking, howling, whining, or other utterances to the annoyance, disturbance, or discomfort of neighbors or others in the vicinity of the property where the dog is maintained.
6. Has been allowed by its owner or keeper to produce odors that annoy, disturb or cause discomfort to persons in the vicinity of the property where the dog is maintained.
7. Has, when unprovoked, bitten any person who is lawfully on the owner’s or keeper’s property causing minor injury.
8. Runs in packs.
N. “Owner” means any person or legal entity having a property right in a dog or who keeps a dog on premises occupied by that person or who harbors, cares for, has custody of, exercises control over, or knowingly permits any animal to remain on the premises occupied by that person.
O. “Permit” means and includes human conduct that allows, tolerates, or agrees to any conduct or acts concerning any dog owned by that person.
P. “Person” means an individual, natural person, association, firm, partnership, company, corporation, or other legal entity.
Q. “Potentially restricted dog” means any dog that without provocation:
1. Inflicts bites or otherwise causes minor injury to a person or a domestic animal on either public or private property; or
2. That approaches, chases, or threatens a person or a domestic animal on either public or private property in a menacing fashion or displays an apparent attitude of aggression or attack.
R. “Premises” means the area of land to which a person has possession, use and control.
S. “Quarantine area” means any secure area defined by a veterinarian, physician, or public health official where, for a specific period, an animal is to be secured and kept separated from other animals or people.
T. Restraint. A dog shall be deemed to be under restraint if:
1. It is on the property of its owner or keeper and the property is fenced or enclosed in such a manner that the dog cannot leave the property.
2. It is on the property of its owner, or another entrusted with its care by the owner, and attached to an immovable object by a chain, leash, rope, or other such apparatus, the length of which cannot permit the animal to leave the limits of the property. The material used must be of sufficient strength to prevent the escape of the animal.
3. It is off the property of the owner or keeper on a leash, rope, or restrained by other such means that it is under the control of a person who is physically able to restrain the animal.
U. “Secure enclosure” means the confinement of a restricted dog or a potentially restricted dog on its owner’s premises, either 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 protect the dog from the elements. Such pen, kennel, or structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than one foot. Any pen, kennel, or structure erected shall comply with all zoning and building regulations of the city. Any pen, kennel, or structure shall be lighted and ventilated and kept in a clean and sanitary condition.
V. “Serious physical injury” means any physical injury that results in broken bones, deep abrasions, severe bruises, contusions, or lacerations requiring sutures.
W. “Tag” means a prenumbered metal or plastic identification license issued by the city to an owner or custodian for a specific dog.
X. “Tattoo” means a predesignated identification number inked into the inside of the ear, lip, or flank of the dog.
Y. “Unconfined” means not securely confined indoors or not confined in a securely enclosed and locked pen or structure. Such pen or structure must have attached sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot.
Z. “Unrestrained” means not restrained by an enclosure, leash, tether, or other means by a responsible person with the required strength to do so. (Ord. 2022-03 § 1, 2022).
6.05.015 Enforcement agents.
The city manager has designated the Yakima Humane Society as the animal control authority and may designate other agencies to enforce the provisions of this chapter. The provisions of this chapter shall be enforced by the appropriate administrative, clerical staff, and law enforcement officers of the city and by the animal control officers of the agency designated by the city manager. Law enforcement officers and animal control officers shall have concurrent jurisdiction to effect such enforcement. (Ord. 2022-03 § 1, 2022).
6.05.020 Dog registration, license, and fee – Required.
Every person who resides in the city and is the owner or keeper of any dog older than three months of age and keeps the dog within the city limits shall register and license the dog with the city. The person registering and licensing a dog shall submit to the city or its designee an application provided by the city. No licenses shall be issued for any dog that does not have vaccination records pursuant to TMC 6.05.035. No person in the process of securing such a license shall falsely represent any fact. Dog license fees shall be established by resolution of the city council, as amended from time to time. (Ord. 2022-03 § 1, 2022).
6.05.025 Limitation on the number of dogs – Excess dog registration, license, and fee required.
No person shall keep more than three dogs on any premises in the city without having registered and obtained an “excess dog license” for every additional dog over three dogs. Excess dog license fees shall be established by resolution of the city council, as amended from time to time. This requirement does not apply to a commercial kennel licensed pursuant to Chapter 6.15 TMC. (Ord. 2022-03 § 1, 2022).
6.05.030 Dog (license) tag fees – Required.
A. For each dog for which a license has been issued, the city shall make provisions for the issuance of a metal or plastic tag with a unique numeric identifier and the date of license expiration.
B. The owner shall provide that the tag is securely affixed to a collar or harness and shall provide that the collar or harness is worn by the dog at all times.
C. The city shall make provisions for the reissuance of dog tags that are lost.
D. The city shall make provisions for the issuance of potentially restricted dog tags.
E. The city shall make provisions for the issuance of restricted dog tags.
F. There shall be no fee for the initial dog tag issued with each license. The fee for dog tags shall be established by a resolution of the city council, as amended from time to time. (Ord. 2022-03 § 1, 2022).
6.05.035 Rabies – Vaccination and certification required.
As a prerequisite to licensing or licensing renewal, any dog older than three months of age shall be currently vaccinated against the disease of rabies. Proof of vaccination shall be presented at the time of license application or renewal. (Ord. 2022-03 § 1, 2022).
6.05.040 Spayed or neutered dogs.
Any owner claiming that a dog has been spayed or neutered shall file with the city a certificate from a licensed veterinarian to that effect. (Ord. 2022-03 § 1, 2022).
6.05.045 Dog license term – Late fees.
A. A dog license shall be annual from July 1st until June 30th. Each dog license renewal is due July 1st of each year. Each dog license renewed after July 1st of each year shall be assessed a late fee.
B. A dog shall be licensed within 30 days of acquisition of the dog or within 30 days of the dog owner establishing residency in the city.
C. Dog licenses are not transferable between dogs or owners.
D. Dog license renewal late fees shall be established by resolution of the city council, as amended from time to time. (Ord. 2022-03 § 1, 2022).
6.05.050 Dog behaviors and actions are subject to control by the owner or keeper.
A. Pursuant to TMC 6.05.055, any of the following behaviors or actions by a dog may subject the owner or keeper of the dog to a civil infraction or misdemeanor:
1. Level 1 behavior occurs when a dog is continuously or untimely barking, howling, harassing people, chasing vehicles, trespassing on school grounds, or is running at large in any public place or building. Level 1 behavior also includes an owner or keeper allowing a dog to trespass on private property and/or to cause minor property damage, create noxious odors, or cause any other undue annoyance.
2. Level 2 behavior occurs when a dog threatens any person or domestic animal, or livestock as defined in Chapter 6.10 TMC. Level 2 behavior also includes two or more instances of Level 1 behavior resulting in a citation or warning being issued to the dog owner or keeper.
3. Level 3 behavior occurs when a dog at large causes minor physical injury to any domestic animal or livestock.
4. Level 4 behavior occurs when a dog, although not at large, causes minor physical injury to any person.
5. Level 5 behavior occurs when a dog, while at large, causes minor physical injury to any person or seriously injures or kills any domestic animal or livestock.
6. Level 6 behavior occurs when a dog:
a. Whether at large or not, causes severe physical injury or death of any person; or
b. Is used as a weapon in the commission of a crime; or
c. Has engaged in Level 4 or 5 behavior more than once that resulted in a citation being issued to the owner or keeper of the dog.
B. It shall be an affirmative defense to any level of behavior described above, except for subsection (A)(6)(b) of this section, that the dog was defending against crime or attempted crime against persons or property, which crime involves harm or injury, or the threat of harm or injury, to such persons or property. (Ord. 2022-03 § 1, 2022).
6.05.055 Penalties for not controlling dogs.
A. Dogs that exhibit any of the behaviors or actions described in TMC 6.05.050 shall be subject to the following consequences and the owner or keeper of said dog shall be subject to the following penalties:
1. Dogs that have exhibited Level 1 behavior are declared a nuisance and are subject to impoundment. Pursuant to Chapter 2.90 TMC the city’s law enforcement or animal control officers may issue a citation or prescribe other abatement orders to the dog’s owner or keeper.
2. Dogs that have exhibited Level 2 behavior are declared a nuisance and are subject to impoundment. Such dogs shall be physically restrained in a manner that prevents the dog from reaching any public sidewalk or adjoining property. Such dogs shall be confined within a secure enclosure whenever the dog is not on a chain, leash, or inside the home of the owner. Such dogs must be located so as not to interfere with the public’s legal access to the dog owner’s property, and the dog owner shall conspicuously post warning signs, which must be approved by the city, on the property where the dog is kept. Whenever that dog is outside the dog owner’s home it must be on a chain, leash, or other similar restraint under the actual control of a person. Also, the city may require the dog owner to obtain and maintain proof of public liability insurance. Pursuant to Chapter 2.90 TMC the city’s law enforcement or animal control officers may issue a citation or prescribe other abatement orders to the dog’s owner or keeper.
3. Dogs that have exhibited Level 3 or 4 behavior are considered potentially restricted dogs. The owner or keeper of a dog that has exhibited Level 3 or 4 behavior shall be guilty of a misdemeanor and upon conviction, shall be punished in accord with the provisions of Chapter 9.05 TMC. The dog shall be confined within a secure enclosure whenever the dog is not on a chain or other similar restraint or inside the home of the owner or keeper. The secure enclosure must be located so as not to interfere with the public’s legal access to the dog owner’s property, and the dog owner shall conspicuously post warning signs, which must be approved by the city, on the property where the dog is kept. The owner or keeper shall not permit the dog to go off the premises unless such dog is securely leashed, restrained, and muzzled. The owner of the dog shall register and license the dog as a potentially restricted dog. The owner or keeper of the dog shall provide that the potentially restricted dog tag issued by the city is securely affixed to a collar or harness and shall provide that the collar or harness is worn by the dog at all times.
4. Dogs that have exhibited Level 5 behavior are considered restricted dogs. The owner or keeper of a dog that has exhibited Level 5 behavior shall be guilty of a gross misdemeanor and upon conviction, shall be punished in accord with the provisions of Chapter 9.05 TMC. The dog shall be confined within a secure enclosure whenever the dog is not on a chain or other similar restraint or inside the home of the owner or the keeper. The secure enclosure must be located so as not to interfere with the public’s legal access to the dog owner’s property, and the dog owner or keeper shall conspicuously post warning signs, which must be approved by the city, on the property where the dog is kept. The owner or keeper of the dog shall register and license the dog as a restricted dog. The owner of the dog shall provide that the restricted dog tag issued by the city is securely affixed to a collar or harness and shall provide that the collar or harness is worn by the dog at all times. Pursuant to RCW 16.08.080 the city shall require the dog owner to obtain a surety bond for $250,000 and maintain proof of public liability insurance of $250,000. The dog owner shall not permit the dog to be off the dog owner’s property unless the dog is under the physical restraint of the responsible person. The city’s animal control officer may issue a citation, impound the dog, or prescribe other abatement orders to the dog owner or keeper.
5. Dogs that have exhibited Level 6 behavior shall be subject to euthanization upon compliance with procedures of the State Department of Health and other agencies with jurisdiction. The owner or keeper of a dog that has exhibited Level 6 behavior shall be guilty of a gross misdemeanor and upon conviction, shall be punished in accord with the provisions of Chapter 9.05 TMC. (Ord. 2022-03 § 1, 2022).
6.05.060 Penalties – General.
A. Failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, which is not punishable under TMC 6.05.055 is an infraction punishable as set forth in Chapter 2.90 TMC.
B. If the court shall find that any person has committed two prior infractions and has committed a third or subsequent violation, said person shall be guilty of a misdemeanor punishable as set forth in Chapter 9.05 TMC. (Ord. 2022-03 § 1, 2022).
6.05.065 Dogs in heat – Confinement required.
Every dog in heat shall be confined in a building or secure enclosure by the owner, in such a manner to prevent unplanned breeding. (Ord. 2022-03 § 1, 2022).
6.05.070 Impoundment.
A. Any dog subject to impoundment is subject to the provisions of TMC 6.10.065 through 6.10.080.
B. Any dog which bites a person shall be impounded and quarantined pursuant to TMC 6.10.040. (Ord. 2022-03 § 1, 2022).
6.05.075 Dogs suspected of having rabies.
Any dog suspected of having rabies is subject to the provisions of TMC 6.10.045. (Ord. 2022-03 § 1, 2022).