Chapter 6.10 DOGS AND OTHER ANIMALS

“Abandonment” means the owner has left the animal for a period of 24 hours or more without making effective provisions for its proper care including protection from extreme temperatures and provision of water and food.

“Animal control authority” means the town of Twisp acting alone or in concert with other local governmental units to perform the duties of this chapter and for enforcement of the animal control laws of the town, county and state and the shelter and welfare of animals.

“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, and includes any state or local law enforcement officer or other employee, entity or person, whose duties in whole or in part include assignments that involve the citation of violations of this chapter and the seizure and impoundment of any animal.

“Animal shelter” means premises so designated by action of the town council.

“Dangerous dog” per RCW 16.08.070(2) means any dog that (1) inflicts severe injury on a human being without provocation on public or private property, (2) kills a domestic animal without provocation while the dog is off the owner’s property, or (3) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.

“Dog” means any dog, male or female, neutered, spayed or otherwise.

“Harboring” means the occupant of any premises on which an animal or dog remains, or to which it customarily returns daily for food and care for a period of five days or more.

“Owner” means any person or persons, firm, association or corporation possessing, harboring, keeping, having an interest in, or having control or custody of an animal. If a household is comprised of adults and minors, the animal is presumed to be in the ownership or possession of the adult(s) having control of the premises of that household.

“Potentially dangerous dog” per RCW 16.08.070(1) is defined as 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, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

(a) “Level 1 potentially dangerous dog” is a dog meeting the definition of “potentially dangerous dog” above, but has not bitten a human where medical care was required.

(b) “Level 2 potentially dangerous dog” is defined as a potentially dangerous dog who has bitten a human where medical care was required, but said dog has not yet been designated a “dangerous dog.”

“Premises” means the real property and improvements owned, rented, leased or under the control of the owner.

“Provocation” means teasing, taunting, striking or other like action.

“Secure enclosure” means a chain link or secure wire enclosure consisting of secure sides and a secure top, or if without a top, having sides which are at least six feet high and keep the enclosed dog from jumping out, and with a floor permanently attached to the sides, or having sides which are embedded at least one foot into the ground, and which is constructed of such material and closed and locked in such manner that the animal cannot exit on its own and that prevents the entry of young children.

“Severe injury” means any physical injury that requires sutures or other care that would require a medical license to perform. (Ord. 561, 2006)

6.10.020 License required.

It is unlawful for any person to own, keep or harbor any dog four months of age or older within the town limits unless such a dog is licensed as herein provided. Dogs moving into town shall be licensed within 15 days of being brought into town limits. Every owner of a dog within the town limits shall purchase annually from Town Hall a dog license, which shall be placed and kept on such dog at all times. The owner, at the time of license purchase, shall provide the town clerk with the following information: owner name, telephone number, address of the owner(s), name of the dog, sex, color, age and breed of the dog, written proof of spay or neuter, proof of current rabies vaccination, and any other information the clerk deems necessary to enforce these provisions. A license tag will be given to the owner by the town. As a condition to obtain a license, the town clerk shall require evidence of rabies immunization to be submitted by the owner. (Ord. 561, 2006)

6.10.022 License fees.

Dog licenses shall from this point on be in an amount to be determined from time to time by resolution of the town council of the town of Twisp. Neutered male or spayed female dogs shall have a discounted fee set by resolution and license fees will be waived for service or guide dogs. (Ord. 609 § 1(B), 2009; Ord. 561, 2006)

6.10.024 License – Issued annually.

Licenses run from January 1st through December 31st and the full fee will be paid regardless of how many days remain in the year. (Ord. 561, 2006)

6.10.026 Failure to license timely – Penalty.

A person who purchases a license more than 30 days after the expiration date of the prior license must pay an additional $10.00 penalty. (Ord. 561, 2006)

6.10.028 Failure to license – Citation.

Any person who fails to license his or her dog may be cited for “failure to license.” (Ord. 648 § 1(A), 2012; Ord. 561, 2006)

6.10.029 License tag.

(1) Replacement License Tag. A replacement license tag will be issued by Town Hall for the payment of a replacement fee as established by the clerk to cover the cost of issuing a replacement.

(2) License Tag – Misuse Prohibited. No person shall use for any dog a license receipt or license issued for another dog. No person shall use a license tag which is not a current tag. (Ord. 561, 2006)

6.10.030 Prohibited offenses designated.

No dog, whether under the control of the owner or not, shall be permitted to commit the following offenses on any premises or property not belonging to the owner, whether public or private: bite, bite at or charge any person; destroy private property; scatter garbage or trash; chase or jump on vehicles or cyclists lawfully using public streets; or commit any nuisance defined in this chapter or any other town ordinance. It is also an offense if a dog is in an open vehicle with open windows or an open truck bed and bites at or threatens people on public property outside of the vehicle. (Ord. 561, 2006)

6.10.032 Number of dogs or cats permitted on premises.

It is unlawful for any owner to keep or maintain more than five total dogs and cats, in combination, over four months of age at any one residence or premises in the town, except at a permitted kennel or boarding place authorized for use by the town, or at a licensed veterinary establishment. If the number of animals is not reduced within 14 days of receiving notice, each day that the violation continues will be considered an additional violation for purposes of applying penalties. (Ord. 561, 2006)

6.10.034 Dogs allowed in Twisp Parks.

Dogs will be allowed, on a leash, in all Twisp Municipal Public Parks. The owner or responsible party will pick up all waste from the dog and remove it from the premises or deposit it into garbage cans provided. Any failure to obey the posted rules regarding dogs or clean up after a dog will be a violation of this section. (Ord. 664 § 1, 2013; Ord. 561, 2006)

6.10.036 Habitually barking dogs declared a nuisance.

It is unlawful for any person on any premises to keep, harbor or maintain thereon any dog or dogs which individually or together habitually bark, growl, yelp, howl or whine for such duration as to unreasonably disturb the peace, quiet, comfort and repose of others within the town of Twisp. (Ord. 561, 2006)

6.10.038 Citizen complaint processing.

The town clerk will create a simple process and a record for logging citizen complaints. The goal is to facilitate reporting and investigation. (Ord. 561, 2006)

6.10.040 Potentially dangerous or dangerous dogs.

(1) Declaration of a Dog as Potentially Dangerous or as Dangerous. The animal control authority has the authority to declare a dog potentially dangerous or dangerous in any of the levels described as follows:

(a) “Potentially dangerous dog” per RCW 16.08.070(1) is defined as any dog that when unprovoked: (i) Inflicts bites on a human or a domestic animal either on public or private property, or (ii) 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. Potentially dangerous dogs are further divided into two levels as follows:

(i) A “Level 1 potentially dangerous dog” is a dog meeting the criteria in subsection (1)(a) of this section, but the dog has not bitten a human where medical care was required.

(ii) A “Level 2 potentially dangerous dog” is defined as a potentially dangerous dog who has bitten a human where medical care was required, but said dog has not yet been designated a “dangerous dog.”

(b) A “dangerous dog” per RCW 16.08.070(2) is any dog that (i) inflicts severe injury on a human being without provocation on public or private property, (ii) kills a domestic animal without provocation while the dog is off the owner’s property, or (iii) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.

(2) Declaration and Notice of Potentially Dangerous or Dangerous Animal.

(a) Violation. After a dog is declared potentially dangerous or dangerous pursuant to this chapter, the owner of the dog shall be guilty of a violation of this chapter if the dog is not restrained as required, chases or approaches a person upon the streets, sidewalks, or other public grounds in a menacing fashion or apparent attitude of attack, causes injury to or otherwise threatens the safety of a human or domestic animal, or bites a human or domestic animal. The animal control authority shall make a further determination as to whether the animal should be declared dangerous based on this violation or other evidence.

(b) Exceptions to Declaration of Dangerous Dog. Pursuant to RCW 16.08.090(3), animals 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 animal, or was tormenting, abusing or assaulting the animal 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.

(c) Notice. When the animal control authority determines that an animal is potentially dangerous or dangerous, the authority shall notify the owner in writing of the level of declaration determined and the basis for the proposed declaration. The notice shall contain a brief summary of the facts upon which the declaration is based, a description of the dog including license number if available, a statement of any restrictions placed on the animal as a consequence of the declaration, a statement of the penalties for further violations, and a notice of the right to appeal the declaration, including a statement of the deadline for the appeal.

(d) Service of Notice. The animal control authority shall personally serve or mail the written declaration of a potentially dangerous animal to the owner. If the owner is unknown, the animal control authority shall make reasonable efforts to locate and notify the owner of the declaration.

(e) Appeal of Declaration to Municipal Court Judge. The owner of an animal declared potentially dangerous shall have seven calendar days from receipt of the written declaration to appeal the declaration to the municipal court judge. The owner’s appeal must be in writing and must be filed with the Twisp municipal court at 118 S. Glover St., P.O. Box 278, Twisp, WA 98856.

(f) Hearing Before Municipal Court Judge. Upon receiving the written notice of appeal, the town or municipal court clerk shall promptly schedule an appeal hearing, to be held no later than 30 days following service of the notice, and provide written notice of the hearing to the appellant. At the hearing, the owner can present, orally or in writing, any reasons or information as to why the dog should not be declared potentially dangerous or dangerous. The town or acting animal control authority shall have the burden of proving that the animal is potentially dangerous by a preponderance of the evidence. After such hearing, the municipal court must issue its final determination, in the form of a written order, within 15 calendar days. In the event the judge declares a dog to be dangerous, the order shall include the statutory basis for the determination, a concise statement of the facts that support the determination, and the signature of the person who made the determination.

(g) Confinement Pending Appeal. While an appeal is pending, the dog must be kept confined to the home, or within a fence as required for a Level 1 potentially dangerous dog, until the determination is issued. If the owner is unable to restrict the dog as required, or if a person has been bitten and quarantine is recommended, the town may impound the dog and hold it in custody until the appeal is complete. If impounded by the town, the town can charge impound fees to recover its costs of impound.

(h) Appeal of Decision of Municipal Court Judge. The owner of an animal declared potentially dangerous or dangerous may not appeal the decision of the municipal court judge. A written appeal shall be filed with the clerk of the Okanogan County district court within 14 calendar days after the date of the municipal court’s written decision. It shall be the appellant’s burden to prove that the decision of the municipal court judge was arbitrary and capricious.

(i) Okanogan County District Court Decision. If the Okanogan County district court finds that the decision of the municipal court judge was arbitrary and capricious, the declaration shall be rescinded and any restrictions imposed shall be removed. Court costs shall not be assessed against either party. If the Okanogan County district court finds that the decision by the municipal court judge was not arbitrary and capricious, the Okanogan County district court shall award the town its court costs, including attorney’s fees, and may impose additional restrictions on the animal.

(3) Registration and Restraint of Potentially Dangerous Animal.

(a) Annual Registration Required. A dog designated potentially dangerous whether Level 1 or Level 2 shall be registered annually as such with the town. In addition to the license fee the owner shall pay a fee for this special registration.

(b) Certificate of Registration Issued. The town shall issue a certificate of registration to the owner of the dog designated “potentially dangerous” if the owner presents to the animal control authority sufficient evidence of the required enclosure, the stout leash and muzzle if one is required, and proof of liability insurance if it is required.

(c) Special License Tags. The town will also issue a special license that is visually distinct from the regular license tags.

(d) Registration Fee. The fee for registration of a potentially dangerous dog is $50.00 for the first year and $20.00 per year for each calendar year or portion of a year following, in addition to the license fee for the dog.

(e) Restraint of Level 1 Dog. A Level 1 potentially dangerous dog shall be restrained at all times by leash, chain or by a fence that prevents the dog from reaching a public sidewalk, easement, or right-of-way and must be located where the animal does not interfere with legal access to the owner’s property.

(f) Restraint of Level 2 Dog. A Level 2 potentially dangerous dog shall be confined within a “secure enclosure” (see TMC 6.10.010) whenever the animal is not inside the owner’s residence. The secure enclosure must be located where it does not interfere with the public’s legal access to the owner’s property. In addition, the animal control authority may require the owner to obtain and maintain proof of public liability insurance. The owner shall not permit the animal to be outside the secure enclosure or off the owner’s property unless the animal is muzzled and restrained by an adequate leash and under the control of a capable person.

(4) Registration and Restraint of Dangerous Dogs.

(a) Annual Registration Required. Registration of dangerous dogs is required annually.

(b) Certificate of Registration Issued. The town shall issue a certificate of registration to the owner of such dog if the owner presents to the animal control authority sufficient evidence of:

(i) A proper secure enclosure to confine a dangerous dog as defined under “secure enclosure” above.

(ii) Proof of clearly visible warning signs that there is a dangerous dog on the premises including a sign with a warning symbol that informs children of the presence of a dangerous dog.

(iii) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the town in the sum of at least $250,000, payable to any person injured by the dangerous dog; or 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. The town shall receive copies of all notices of changes to said policy or bond.

(iv) Proof of ownership of a stout leash and muzzle to use when removing dog from premises.

(c) Dangerous Dog Registration Fees. The dangerous dog registration expires on December 31st each year. The fee for registration of a dangerous dog is $250.00 for the first year or portion of a year and $150.00 per year for each calendar year or portion of a year following, payable within 15 days of the receipt of the declaration or the final decision in case of an appeal. In subsequent years the payment is due with the license fee for the dog.

(d) Penalty for Late Payment. Dangerous dog registration fees that are not paid within 30 days of the date due will accrue a $50.00 penalty.

(e) Safe Travel with a Dangerous Dog.

(i) Dangerous Dog Requirements Off Owner’s Premises. A dog who has been registered as a dangerous dog must be muzzled and on a secure leash when it is outside a residence or secure enclosure on the premises.

(ii) Failure to Follow Safe Travel Requirements. Failure to follow this restriction is a violation of the dangerous dog statute.

(f) Violation – Penalty. Any person violating any of the provisions of subsections (4)(a) through (e) of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment for a period not to exceed one year, or by both such fine and imprisonment. For each violation of this section of a continuing nature, each day of violation may be considered a separate offense. (Ord. 605 § 2, 2009; Ord. 561, 2006)

6.10.042 Animal waste.

(1) It shall be unlawful for the owner or person having charge of an animal to permit, either willfully or by failure to exercise due care, such animal to defecate in any area of the town other than upon private property of the owner or responsible person (person having charge or control of the animal), unless said owner or responsible person takes immediate steps to remove and properly dispose of said feces.

(2) It shall be unlawful for the owner or responsible person to take any animal off of the private property of said person without having in the possession of the owner or responsible person a proper means of disposal for the feces of the animal.

(3) “Disposal” is defined, for the purposes of this section, as the removal of feces by means of a bag, scoop, or other device and an eventual disposal in a trash receptacle, by burying, or by other means of lawful disposal. (Ord. 706 § 1(A), 2016)

6.10.050 Impoundment for violation authorized.

The animal control authority and every police officer are authorized to apprehend any dog found in violation of any section of this chapter and to impound such dog if a suitable place for keeping them is available. Regardless of whether impoundment occurs, the penalties for infraction will apply. (Ord. 561, 2006)

6.10.052 Impoundment – Owner notification.

No later than 24 hours after the impounding of any dog, the owner may be notified by U.S. mail first class to the last known address, or by telephone, or if the owner of the dog is unknown, written notice shall be posted for 72 hours on the wall at Town Hall for public inspection, declaring the dog impounded, and the place and time of impound. (Ord. 561, 2006)

6.10.054 Impoundment fees assessed.

The town can set impound fees by resolution to cover the cost and overhead of providing the services. (Ord. 561, 2006)

6.10.056 Impounded dogs – Redemption, sale or destruction.

Any impounded dog may be redeemed by the owner by the payment of all fees accrued. If the dog has no valid license tag, then the owner shall obtain a license tag for the current year. If an impounded dog is not claimed and redeemed five business days after the giving of the notice as stated in this chapter, then it may be sold or destroyed. This five-day period can be waived by the authority in the event the impounded animal meets the definition of “diseased” below. (Ord. 561, 2006)

6.10.058 Diseased animals impounded – Special rules.

If a dog appears to be sick, injured, or have an infectious condition, the authority can request a veterinary exam which shall be charged to the owner of the dog prior to release. The animal can be forthwith destroyed after five business days following the giving of the notice of impoundment stated in this chapter. (Ord. 561, 2006)

6.10.059 Veterinary release required when possible public health risk exists.

Any animal which appears to be suffering from rabies or affected with mange or any infectious disease shall not be released without a veterinary statement regarding the safety of releasing the dog back in the public. (Ord. 561, 2006)

6.10.060 Animals – Cruelty.

No person shall:

(1) Willfully and inhumanely injure or kill any animal by any means;

(2) Negligently or intentionally cause or fail to alleviate any pain, suffering or injury of any animal, including causing injury by failing to secure the animal properly in an open truck bed;

(3) Willfully and maliciously lay out, leave or expose any poison intended for humans, animals or fowl, on any premises, or aid or abet any person in so doing;

(4) Abandon any domestic animal by leaving the animal on the street, road or highway, or in any other public place, or on the private property of another;

(5) Confine an animal within a motor vehicle under conditions that may endanger the health or well-being of the animal, including but not limited to extreme temperatures, or lack of food, water or attention. Any animal control or police officer is authorized to remove an animal from a motor vehicle, at any location, when the officer reasonably believes the animal is confined in violation of this subsection. An animal so removed shall be delivered to the animal control shelter of the animal control authority. The removing officer shall leave written notice of the removal and delivery, including the officer’s name and an address to recover the animal, in a conspicuous, secure location on or within the vehicle; or

(6) Violation – Penalty. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment for a period not to exceed one year, or by both such fine and imprisonment. For each violation of this section of a continuing nature, each day of violation may be considered a separate offense. (Ord. 561, 2006)

6.10.070 Keeping wild animals prohibited.

(1) It is unlawful for any person to own, possess, maintain, harbor, or transport to sell within the town any living wild animal. Zoological gardens, circuses, rodeos, or livestock shows licensed by the town are excepted, as is any federally and state-licensed sanctuary.

(2) For the purposes of this section, the term “wild animal” means and includes any and all species of:

(a) Poisonous reptiles and poisonous arachnids;

(b) Crocodilians;

(d) All species of nonhuman mammals, except: domestic cats and dogs, domestic ferrets, domestic rodents, domestic rabbits, African pygmy hedgehogs, domestic species of livestock, and except any species designated by town council resolution as an exception to the definition of wild animal. Any animal, designated by town resolution, which is also an approved exempt exotic animal by the United States Department of Agriculture shall be excepted. All resolutions listing such excepted species shall be kept on file with the town clerk.

(3) It is unlawful for any person to feed deer within the town of Twisp. (Ord. 561, 2006)

6.10.080 Notices.

Except for notices required when declaring a dog potentially dangerous or dangerous, notice of all other violations can be served in any one of the following manners:

(1) By regular mail to the owner’s last known address.

(2) By personal service to the owner or other person at the last known address.

(3) By posting a written notice in a conspicuous place near an entry door at the last known address. (Ord. 561, 2006)

6.10.090 Violations – Penalties.

Any person, firm, company or entity violating the provisions of this chapter shall be guilty of a civil infraction and shall be subject to monetary penalties as follows (said penalties may be revised from time to time by resolution of town council):

Violation of Section or Subsection of Town of Twisp Municipal Code
Section/Subsection	Brief	Penalty
6.10.026	Late licensing penalty – Without a citation	$10.00
6.10.028	Failure to license dog – First citation (must also buy a license)	$150.00
6.10.028	Failure to license dog – After first citation within three years	$250.00
6.10.030, 6.10.032, 6.10.036	Penalties for prohibited offenses (except related to potentially dangerous or dangerous dogs), first citation	$100.00
6.10.030, 6.10.032, 6.10.036	Penalties for prohibited offenses (except related to potentially dangerous or dangerous dogs), subsequent citations	$250.00
6.10.034	Penalties for violation of TMC 6.10.034, Dogs allowed in designated areas in Twisp Park, will be $25.00 for a first violation, $50.00 for the second, and $100.00 for all subsequent violations within a three-year period from the first violation.
6.10.040(2)(ix)	Request for a municipal court appeal regarding dangerous dog declaration that is subsequently upheld	$250.00 plus town’s attorney fees
6.10.040(3)	Failure to follow all requirements of owning a dog that has been declared potentially dangerous	First offense – $150.00 Subsequent offenses – $300.00
6.10.040(4)	Any violation of TMC 6.10.040(4), Registration and Restraint of Dangerous Dogs, is a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment for a period not to exceed one year, or by both such fine and imprisonment. For each violation of this chapter of a continuing nature, each day of violation may be considered a separate offense.
6.10.042	Penalties for violation of TMC 6.10.042, Animal waste	$25.00 for first violation, $50.00 for second, and $100.00 for all subsequent violations within a three-year period from the first violation
6.10.060	Any violation of TMC 6.10.060, Animals – Cruelty, is a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment for a period not to exceed one year, or by both such fine and imprisonment. For each violation of this chapter of a continuing nature, each day of violation may be considered a separate offense.
NOTE: These fines can be changed from time to time by resolution of the council.

(Res. 20-651; Ord. 706 § 1(B), 2016; Ord. 561, 2006)