Chapter 6.19
MINIATURE PIGS
Sections:
6.19.020 Types of pigs permitted.
6.19.040 Tusks must be trimmed.
6.19.080 Licensing – Application.
6.19.090 License – Nonresident exemption.
6.19.100 License – Falsifying, withholding information.
6.19.110 License – Fee schedule.
6.19.120 License – Receipt and tag.
6.19.130 License tags – Required.
6.19.140 License – Improper use.
6.19.150 Recordation of identification tags.
6.19.190 License – Revocation – Cause.
6.19.200 License – Revocation – Humane disposal of animal required.
6.19.210 City parks and Mountain View Cemetery – Swine prohibited.
6.19.220 Responsibility of owner to prevent nuisance.
6.19.230 Restraint requirements.
6.19.250 Breeding not permitted.
6.19.290 Certain violations – Repeat offenses.
6.19.010 Purpose.
It is the purpose of this chapter to permit a certain type of swine known as miniature pigs to be owned and kept within the city limits of Walla
Walla if certain requirements are met. No other type of swine may be owned, kept, or harbored within the city limits of Walla Walla. (Ord. 98-4 § 2(part), 1998).
6.19.020 Types of pigs permitted.
Only the following types of miniature pigs may be owned, kept or harbored within the city limits:
A. Vietnamese Pot-Bellied Pigs.
B. African Pygmy Pigs. (Ord. 98-4 § 2(part), 1998).
6.19.030 Size.
Miniature pigs may not be owned, kept, or harbored within the city limits of Walla Walla, unless:
A. The maximum height of the swine is no more than twenty-two inches at the shoulder.
B. The maximum weight of the swine is no more than one hundred fifty pounds. (Ord. 98-4 § 2(part), 1998).
6.19.040 Tusks must be trimmed.
The tusks of any pig kept, or harbored in the city limits of Walla Walla must be trimmed and maintained in a manner that no tusk appears outside of the mouth of the pig when the mouth is closed. (Ord. 98-4 § 2(part), 1998).
6.19.050 Sterilization.
All miniature pigs must be sterilized. (Ord. 98-4 § 2(part), 1998).
6.19.060 Minimum standards.
A minimum of one thousand square feet of open area and an enclosed fenced area of at least one hundred fifty square feet is required to own, keep, or harbor a miniature pig. No more than two miniature pigs may be owned, kept, or harbored at any location. (Ord. 98-4 § 2(part), 1998).
6.19.070 License required.
Any person owning, keeping, or harboring swine within this municipality must obtain a license as provided in this chapter. (Ord. 98-4 § 2(part), 1998).
6.19.080 Licensing – Application.
Written application for licenses shall be made annually to the licensing authority, or its designee, which shall include the name, address, and telephone number of the applicant and owner, a description of the miniature pig, proof of sterilization, certification by a licensed veterinarian that the miniature pig has current vaccinations, certification by a licensed veterinarian within the prior thirty days of the weight of the miniature pig, certification by a licensed veterinarian that no tusk appears outside of the mouth of the miniature pig when the mouth is closed, a statement by a licensed veterinarian that the miniature pig is of the type specified in Section 6.19.020, the appropriate fee, and the address of the property and description of the physical location(s) on the property where the miniature pig will be kept. (Ord. 98-4 § 2(part), 1998).
6.19.090 License – Nonresident exemption.
Application for a license must be made within thirty days after obtaining a miniature pig over six months of age, except that this requirement will not apply to a nonresident keeping a miniature pig within the city for no longer than thirty days; provided further, an owner moving to and establishing residency within the city shall apply for a license within thirty days following the establishment of residency. (Ord. 98-4 § 2(part), 1998).
6.19.100 License – Falsifying, withholding information.
It is unlawful for an applicant to withhold or falsify any information on the application. Provided further, the licensing authority shall refuse to issue a permanent license and shall revoke any license which may have been issued upon discovery or notification that information has been withheld or falsified. (Ord. 98-4 § 2(part), 1998).
6.19.110 License – Fee schedule.
A license shall be issued after payment of the applicable fee as follows:
A. Initial application fee:
1 Year |
|
For each male swine |
$50.00 |
For each female swine |
50.00 |
B. Renewal application fee:
1 Year |
|
For each male swine |
$10.00 |
For each female swine |
10.00 |
(Ord. 98-4 § 2(part), 1998).
6.19.120 License – Receipt and tag.
Upon acceptance of the license application and fee, the licensing authority, or its designee shall give a numbered receipt to the applicant, and a corresponding numbered metallic tag indicating the year of issuance shall be issued to the applicant. (Ord. 98-4 § 2(part), 1998).
6.19.130 License tags – Required.
Miniature pigs must wear a harness at all times with an attached current license tag while within the city limits, in such a position that it may be easily seen by an animal control officer. (Ord. 98-4 § 2(part), 1998).
6.19.140 License – Improper use.
No person may use any license for any miniature pig other than the miniature pig for which it was issued; provided, that following the death of a miniature pig, the owner may transfer such license to another miniature pig provided that the owner makes a licensing application for such replacement pig and pays a transfer fee to the licensing authority in the amount of five dollars. It is unlawful to counterfeit or alter any license, license receipt or license tag provided in this chapter, or to take from any miniature pig a license tag legally placed upon that pig with intent to place it upon another pig. (Ord. 98-4 § 2(part), 1998).
6.19.150 Recordation of identification tags.
The licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public. (Ord. 98-4 § 2(part), 1998).
6.19.160 License – Term.
If not revoked, licenses for the owning, keeping, and harboring of a miniature pig shall be for a period of up to one year. (Ord. 98-4 § 2(part), 1998).
6.19.170 License – Deadlines.
The licensing period shall begin with the calendar year and shall run for one year. Application for license must be made within thirty days after the start of the calendar year; provided, that the licensing authority may begin to sell licenses for the next calendar year sixty days prior to the start of such calendar year. (Ord. 98-4 § 2(part), 1998).
6.19.180 License – Duplicate.
A duplicate license may be obtained upon payment of a one dollar replacement fee. (Ord. 98-4 § 2(part), 1998).
6.19.190 License – Revocation – Cause.
The licensing authority may revoke any license if the person holding the license refuses or fails to comply with this chapter, the regulations promulgated by the licensing authority, any law governing the protection and keeping of animals, or accumulates three or more violations of this chapter in a twelve-month period. The licensing authority may also revoke any license as provided in Walla Walla Municipal Code Section 6.19.100. (Ord. 98-4 § 2(part), 1998).
6.19.200 License – Revocation – Humane disposal of animal required.
Any person whose license is revoked shall, within ten days thereafter, humanely euthanize the animal owned, kept or harbored by such person, or transfer such animal to a third party or an animal shelter, and no part of the license fee shall be refunded. (Ord. 98-4 § 2(part), 1998).
6.19.210 City parks and Mountain View Cemetery – Swine prohibited.
No swine shall be permitted in Mountain View Cemetery. No swine except miniature pigs exhibited by the Blue Mountain Humane Society, and pigs exhibited in an approved miniature pig show, under restraint or otherwise, shall be permitted in Pioneer Park on July 4th of each year, nor shall they be permitted in Howard-Tietan Park from Friday noon through Sunday of the Balloon Stampede weekend each year. (Ord. 98-4 § 2(part), 1998).
6.19.220 Responsibility of owner to prevent nuisance.
No owner shall fail to exercise proper care and control of his or her miniature pig to prevent it from becoming a public nuisance; provided, that no swine under the control of an animal control officer or in the custody of a shelter following impoundment by an animal control officer shall be considered a public nuisance under the provisions of this chapter. (Ord. 98-4 § 2(part), 1998).
6.19.230 Restraint requirements.
All miniature pigs shall be kept under restraint by the owner, keeper, or harborer of the miniature pigs. The owner of any at large pig shall be strictly liable for violation of this section. (Ord. 2001-9 § 18 (part), 2001: Ord. 98-4 § 2(part), 1998).
6.19.240 Impoundment – Cause.
Swine which do not comply with this chapter, unlicensed swine, unrestrained swine, swine suspected of being infected with rabies, public nuisance swine, swine used for breeding, swine receiving cruel treatment, and swine suspected of receiving cruel treatment may be impounded by the police, animal control officers, or humane officers and impounded in an animal shelter and there confined in a humane manner. In the event of impoundment, the owner shall pay all accrued impoundment fees set forth in Section 6.07.270. (Ord. 98-4 § 2(part), 1998).
6.19.250 Breeding not permitted.
It is unlawful to breed swine within the city limits of Walla Walla. (Ord. 98-4 § 2(part), 1998).
6.19.280 Violation – Penalty.
Except as provided in Section 6.19.290, failure to perform any act required or the performance of any act prohibited by this chapter shall be an infraction subject to a civil penalty as provided herein.
A. A person who is found to have committed a violation of any of the provisions of this chapter and who has no prior offenses within a year shall be assessed a fine of not less than twenty-five dollars nor more than one hundred twenty-five dollars. Twenty-five dollars of the fine may not be waived, reduced, suspended or deferred.
B. A person who is found to have committed a violation of any of the provisions of this chapter and who has one prior offense within a year shall be assessed a fine of not less than fifty dollars nor more than two hundred fifty dollars. Fifty dollars of the fine may not be waived, reduced, suspended or deferred.
C. Chapter 7.80 of the Revised Code of Washington is incorporated herein with respect to this section.
D. Any person issued a notice of civil infraction and who either fails to respond to the notice of civil infraction or fails to appear at a requested hearing shall be assessed the maximum civil penalty as provided in this section.
E. For purposes of this section, a violation or failure to comply with any of the provisions of this chapter shall constitute a prior offense regardless of its section. (Ord. 98-17 § 7, 1998: Ord. 98-4 § 2(part), 1998).
6.19.290 Certain violations – Repeat offenses.
A. Failure to perform any act required or the performance of any act prohibited by Sections 6.19.100, 6.19.220 or 6.19.270 of this chapter shall be a misdemeanor punishable as provided in Section 1.24.010 of this code.
B. Failure to perform any act required or the performance of any act prohibited by this chapter by a person who has been convicted or found to have committed two or more violations under this chapter within a year shall be a misdemeanor punishable as provided in Section 1.24.010 of this code. For purposes of this section, prior offenses shall be deemed to have occurred on the date of offense as opposed to the date of conviction or finding, and a violation or failure to comply with any of the provisions of this chapter shall constitute a prior offense regardless of its section. (Ord. 98-17 § 8, 1998).