Chapter 6.01
GENERAL PROVISIONS
Sections:
6.01.030 Animal establishments.
6.01.100 Seizure and impoundment – Cause.
6.01.110 Impoundment – Notification of owner.
6.01.130 Impoundment – Disposition of unclaimed animal.
6.01.140 Impoundment – Reclamation.
6.01.160 Authority to destroy.
6.01.900 Authority to make rules, regulations, designations and appointments.
6.01.010 Definitions.
As used in this title, unless the context otherwise indicates, the following terms have the meanings ascribed to them in this section:
A. “Animal” means any live, vertebrate creature, domestic or wild, except homo sapiens.
B. “Animal auction” means a place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.
C. “Animal control authority” means the city, and its designees, acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, the county, the state of Washington or for the shelter and welfare of animals.
D. “Animal control officer” means any individual employed, contracted with, or appointed by the city 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.
E. “Animal establishment” means any pet shop, grooming shop, animal auction, riding school or stable, zoological park, circus, performing animal exhibition, kennel, or community animal shelter, except this term shall not include veterinary medical facilities, licensed research facilities, facilities operated by government agencies, or licensed animal dealers regulated by the USDA under the provisions of U.S. Public Laws 89-544, 91-579, 94-279, 99-198, and 101-624.
F. “At large” means off the property of the owner and not under restraint.
G. “Community animal shelter” means a facility designated by the city for the purpose of impounding and caring for animals.
H. “Circus” means a commercial variety show featuring animal acts for public entertainment.
I. “Dangerous dog” means any dog that according to the records of the city, any agency of the state of Washington or any other state, any political subdivision of the state of Washington or any other state, or agency thereof, or any federal agency, or a preponderance of evidence:
1. Has inflicted severe injury on a human being without provocation on public or private property;
2. Has killed a domestic animal without provocation while off the premises occupied by the owner of the dog; or
3. Has been previously designated as potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks, chases, or menaces, or endangers the safety of humans or domestic animals. Provided, however, dogs shall not be declared dangerous if the threat, injury, or damage caused by the dog 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. “Grooming shop” means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.
K. “Humane care” of an animal includes, but is not limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, and veterinary care, consistent with the normal requirements and feeding habits of the animal’s size, species, and breed.
L. “Kennel” means an establishment kept for the purposes of breeding, selling, or boarding dogs or cats or engaged in the training of dogs or cats.
M. “Neutered” means rendered permanently incapable of reproduction.
N. “Nuisance animal” means any animal which:
1. Molests passersby or passing vehicles;
2. Attacks other animals;
3. Trespasses on school grounds;
4. Soils, defiles or defecates on private property other than the owner’s or on public walks or recreation areas unless such waste is immediately removed and properly disposed of by the owner;
5. Damages private or public property;
6. Scatters refuse.
O. “Owner” means any person possessing, harboring, keeping, having an interest in, or having control or custody of an animal. An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or more.
P. “Performing animal exhibition” means any spectacle, display, act or event other than circuses in which performing animals are used.
Q. “Pet shop” means an establishment, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animal.
R. “Potentially dangerous dog” means any dog:
1. That when unprovoked inflicts bites on a human or a domestic animal either on public or private property;
2. That when unprovoked chases or approaches a person upon the streets, sidewalks, any public grounds, or premises other than those occupied by the dog’s owner, in a menacing fashion or apparent attitude of attack; or
3. 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 securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
T. “Restraint” means secured by a leash or lead not exceeding eight feet in length, or within the real property limits of its owner.
U. “Riding school, stable” means any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro.
V. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
W. “Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
X. “Wild animal” means any animal, other than a common household cat or dog, bee, cow, fowl, rabbit, horse, mule, donkey, burro, sheep, goat, or swine, for which minimum standards are specifically provided by Section 20.130.020, that is capable of killing or seriously injuring a human being. (Ord. 2018-22 § 4, 2018: Ord. 2007-13 § 1, 2007: Ord. 2001-9 § 2 (part), 2001; Ord. 95-25 § 1 (Exh. A (part)), 1995).
6.01.020 Animal shelter.
There shall be a community animal shelter for detaining animals and facilities for humane disposal of animals. No animal impounded pursuant to this title at such animal shelter shall be used, sold, loaned or given away for medical or research purposes, whether the animal is dead or alive. (Ord. 2001-9 § 2 (part), 2001).
6.01.030 Animal establishments.
No person shall operate an animal establishment without first obtaining development authorization as provided in Title 20 of this code and all required permits. No person who has been convicted of cruelty to animals shall be issued authorization or a permit to operate an animal establishment. The violation of this section shall be a separate misdemeanor for each day that an animal establishment is operated in violation of this section. (Ord. 2001-9 § 2 (part), 2001).
6.01.050 Prohibited animals.
No person shall possess, harbor, keep, have an interest in, or have control or custody of a wild animal in the city. This prohibition shall not apply to any facilities possessing or maintaining wild animals which are owned, operated or maintained by any city, county, state or federal agency, school, college, university or similar educational facility, or to a properly licensed veterinary hospital where a wild animal may be confined temporarily for treatment, or to the procurement of a wild animal by a properly licensed commercial animal dealer where the animal is confined temporarily for sale to a zoo or other facility which is owned by any city, county, state, or federal agency or school, college, university or similar educational facility. The city manager may authorize by special license, not to exceed thirty days, the keeping of wild animals for circuses, performing animal exhibitions, or special exhibits. The violation of this section shall be a separate misdemeanor for each day that a person possesses, harbors, keeps, has an interest in, or has control or custody of a wild animal in the city in violation of this section. (Ord. 2001-9 § 2 (part), 2001).
6.01.060 Excrement removal.
The owner of every animal shall be responsible for the removal of any excreta deposited by his animal(s) on public areas or private property, and shall carry a bag to facilitate the removal of excreta. The owner shall further not permit such excreta or food supplies, on the property of the owner or elsewhere, to be or become a breeding place for insects or flies, to be or become unsanitary, or to give offensive odor. The violation of this section shall be an infraction. (Ord. 2001-9 § 2 (part), 2001).
6.01.100 Seizure and impoundment – Cause.
A. Unlicensed dogs (other than those exempt from licensing requirements), nuisance animals, animals affected with rabies, or suspected of being affected with rabies, wild animals prohibited by Section 6.01.050 of this code, and any other at large animal may be seized by an animal control officer and impounded by the animal control authority in a humane manner.
B. Any animal reasonably suspected by an animal control officer of having bitten any human or other animal may be immediately seized and impounded and placed in quarantine by the animal control authority.
C. Any dog that aggressively attacks and causes severe injury or death to any human, whether or not the dog has previously been declared potentially dangerous or dangerous, may be immediately seized by an animal control officer and impounded and placed in quarantine by the animal control authority.
D. Dangerous dogs may be seized in the manner provided by Section 6.09.030 of this code or Section 16.08.080 of the Revised Code of Washington for confiscation of dangerous dogs.
E. Potentially dangerous dogs may be seized in the manner provided by Section 6.09.080 of this code for confiscation of potentially dangerous dogs.
F. Unneutered at large animals may be seized by an animal control officer and impounded by the animal control authority in a humane manner.
G. Animals kept in violation of the standards set forth in Section 20.130.020 of this code may be seized by an animal control officer and impounded by the animal control authority in a humane manner.
H. Cats in any location in which more than three cats are outdoors within reasonable proximity to one another may be seized by an animal control officer and impounded by the animal control authority in a humane manner. The animal control officer may seize and impound any or all of the cats which exceed three in number at the location. The animal control officer is authorized to use the officer’s discretion to determine which cat or cats to seize and impound.
I. Animals may be seized and impounded when the conditions described by any subsection of this section exist. The existence of conditions described in one subsection shall neither impair the authority to seize and impound under any other subsection nor shall it be a defense to the seizure and impound under any other subsection. (Ord. 2007-13 § 2, 2007: Ord. 2001-9 § 2 (part), 2001).
6.01.110 Impoundment – Notification of owner.
If by a license tag or other means the owner of an impounded animal can be identified, the animal control officer shall attempt, as soon as practicable, to notify the owner by telephone. If the owner of an identifiable animal cannot be contacted by telephone on the day that the animal is impounded, the animal control officer shall mail notice by no later than the next business day to the last address of record maintained by the owner with the animal control authority. (Ord. 2001-9 § 2 (part), 2001).
6.01.120 Impoundment – Term.
Impounded animals shall be kept for not less than seventy-two hours unless earlier claimed by the owner provided, that the impoundment of any animal subject to quarantine shall be for a minimum period of ten days. (Ord. 2001-9 § 2 (part), 2001).
6.01.130 Impoundment – Disposition of unclaimed animal.
Any animal not reclaimed by its owner within seventy-two hours shall become the property of the animal control authority, and may be placed for adoption in a suitable home or humanely destroyed as provided in Section 6.01.160. (Ord. 2007-13 § 3, 2007: Ord. 2001-9 § 2 (part), 2001).
6.01.140 Impoundment – Reclamation.
An owner reclaiming an impounded animal shall pay a fee as may be established by the community animal shelter. The community animal shelter may charge higher fees for reclamation of unneutered animals than those charged for reclamation of neutered animals. All fees must be paid in full before the animal is released from impound. No animal may be reclaimed which is being held pending destruction pursuant to subsection A, B, C, D, E, or F of Section 6.01.160 of this code. No animal may be released from impound during a quarantine period. No animal that has been twice previously impounded may be released from a third or subsequent impoundment until the animal has been neutered at the expense of the owner or proof thereof has been provided. (Ord. 2007-13 § 4, 2007: Ord. 2001-9 § 2 (part), 2001).
6.01.150 Adoption of animals.
No animal may be adopted which is being held pending destruction pursuant to subsection A, B, C, D, or E of Section 6.01.160 of this code. Adoption fees may be set by the community animal shelter, and shall be paid before an adopted animal is released from impound. All dogs, regardless of age, adopted by a resident of the city, must be licensed before release from impound. All adopted animals shall be properly vaccinated before release from impound; provided, however, any animal which is too young to be vaccinated may be released from impound if satisfactory proof is presented that necessary arrangements have been made for vaccination upon the animal reaching sufficient age. (Ord. 2001-9 § 2 (part), 2001).
6.01.160 Authority to destroy.
A. Any animal which is suffering from serious injury, rabies, or other serious disease shall be destroyed in an expeditious and humane manner following notice to the owner as set forth in Section 6.01.110 and quarantined for the proper length of time.
B. Any dog that aggressively attacks and causes severe injury or death to any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall be destroyed in an expeditious and humane manner following notice to the owner as set forth in Section 6.01.110 and quarantined for the proper length of time.
C. Dangerous dogs may be destroyed in the manner provided by Section 6.09.030 of this code or RCW 16.08.100.
D. Potentially dangerous dogs may be destroyed in the manner provided by Section 6.09.080.
E. Wild animals prohibited by Section 6.01.050 and fowl kept in violation of the standards set forth in Section 20.130.020 may be destroyed in an expeditious and humane manner following notice to the owner as set forth in Section 6.01.110 and quarantined for the proper length of time.
F. Animals transferred to the animal control authority following license revocation may be destroyed in an expeditious and humane manner following quarantine for the proper length of time.
G. Any impounded animal bearing information to identify and currently locate its owner, which is not claimed by its owner within ten days of its impound, may be destroyed in an expeditious and humane manner. Any impounded animal not bearing information to identify and currently locate its owner, which is not claimed by its owner within seventy-two hours of its impound, may be destroyed in an expeditious and humane manner. An impounded animal that has been claimed by its owner may be destroyed in an expeditious and humane manner if the owner fails to satisfy reclamation requirements within ten days of making the claim.
H. Any impounded animal may be destroyed in an expeditious and humane manner upon written request of the owner following quarantine for the proper length of time.
I. In the event of an emergency endangering the health or safety of any person where seizure and impoundment is deemed inadvisable, or for humane considerations, an animal control officer may summarily destroy an animal. In any instance where any animal is summarily destroyed, the animal control officer shall give similar notice as required by Section 6.01.110 for impoundment.
J. Animals may be destroyed when the conditions described by any subsection herein exist. The existence of conditions described in one subsection shall neither impair the authority to destroy an animal under any other subsection nor shall it be a defense to the destruction of an animal under any other subsection.
K. The community animal shelter may establish fees for the destruction of impounded animals and shall keep records regarding any animal that is destroyed. The owner of any destroyed animal shall be liable for all fees for the seizure, impound, and destruction of the owner’s animal. The failure to pay applicable fees in full within thirty days of receiving notice that such fees are due and payable shall be an infraction. (Ord. 2018-22 § 5, 2018: Ord. 2007-13 § 5, 2007: Ord. 2001-9 § 2 (part), 2001).
6.01.170 Quarantine.
A. Any animal reasonably suspected by an animal control officer of having bitten any human or other animal, being affected with rabies, or suffering from serious injury or disease shall be placed in quarantine by the animal control authority for a period of no less than ten days.
B. When an animal under quarantine becomes ill or dies, the party responsible for observation during quarantine shall contact the county health officer or police department immediately for instructions regarding what to do with the animal. If an animal dies, or has been put to death during the quarantine period, the head shall be removed by a veterinarian, refrigerated and sent to a qualified laboratory for rabies testing. As soon as the confirmed diagnosis is made available, the animal control officer shall notify the county public health officer of any reports of human or animal contact with the rabid animal. Any animal that has not been inoculated against rabies and is known to have been bitten by a rabid animal shall be humanely destroyed immediately. (Ord. 2001-9 § 2 (part), 2001).
6.01.900 Authority to make rules, regulations, designations and appointments.
The city manager may adopt and promulgate rules and regulations for administration and enforcement of this title which are not inconsistent herewith or with superior law. The city manager may also make such designations and appointments necessary for the administration and enforcement of this title. The purpose of such rules, regulations, designations, and appointments is to carry out the provisions of the title. (Ord. 2001-9 § 2 (part), 2001).
6.01.910 Enforcement.
The provisions of this title may be enforced by any animal control officer. (Ord. 2001-9 § 2 (part), 2001).
6.01.920 Hearings.
A. Gross misdemeanors, misdemeanors, and infractions charged for violation of the provisions of this title shall be heard and determined by the Walla Walla district court.
B. A hearing may be requested by delivering a written demand to the city clerk by any person aggrieved by:
1. The seizure and impoundment of an animal under Section 6.01.100 of this code;
2. The pending destruction of an animal under Section 6.01.100 of this code;
3. The quarantine of an animal under Section 6.01.100 of this code;
4. The revocation of a license under Sections 6.07.150 or 6.19.190 of this code;
5. The confiscation of a dangerous dog under Section 6.09.030 of this code;
6. The confiscation of a potentially dangerous dog under Section 6.09.080 of this code;
7. The impoundment of swine under Section 6.19.240 of this code; or
8. The designation by notice of a potentially dangerous dog. Hearing under this subsection is the sole remedy for persons aggrieved of any of the actions herein specified.
C. Demands for hearing under subsection B of this section must be received by the city clerk within the following described periods, and the right to hearing is otherwise waived:
1. Hearings under subsections (B)(1), (2), and (7) of this section must be received by the city clerk no later than five p.m. of the fifth day after the day on which the animal is impounded;
2. Hearings under subsection (B)(3) of this section must be received by the city clerk no later than five p.m. of the fifth day after the day on which the animal is placed in quarantine;
3. Hearings under subsection (B)(4) of this section must be received by the city clerk no later than five p.m. of the fifth day after the day on which the animal control authority gives notice that the license is revoked;
4. Hearings under subsections (B)(5) and (6) of this section must be received by the city clerk no later than five p.m. of the fifth day after the day on which the animal is confiscated; and
5. Hearings under subsection (B)(8) of this section must be received by the city clerk no later than five p.m. of the fifth day after the day on which the animal control authority gives notice that the designation has been made.
If a hearing is not timely demanded under this subsection, the action taken by the animal control authority, animal control officer, and/or community animal shelter shall be deemed conclusive and final, and the animal control authority, animal control officer, and community animal shelter shall be authorized to take such action authorized by this title without further notice to the owner or any other aggrieved person.
D. Hearings demanded under subsection B of this section shall be heard by the city manager or the designee of the Walla Walla city manager. Such hearing shall be heard no later than the five days after the day on which the city clerk receives the demand for hearing, unless the time for hearing is extended for good cause by the city manager or the designee of the city manager. If the person who demanded the hearing fails to appear at the time of hearing, the action taken by the animal control authority, animal control officer, and/or community animal shelter shall be deemed conclusive and final, and the animal control authority, animal control officer, and community animal shelter shall be authorized to take such action authorized by this title without further notice to the owner or any other aggrieved person.
E. The city manager or the designee of the city manager shall make a decision as soon as practicable following the hearing, and give notice of such decision to the person who requested the hearing; provided, however, that no decision is necessary in cases where the person who requested the hearing fails to appear. Decisions made by the city manager or the designee of the city manager may not be appealed, and are only subject to review as provided in Chapter 7.16 of the Revised Code of Washington. (Ord. 2001-9 § 2 (part), 2001).