Chapter 6.04
DOGS*
Sections:
6.04.020 License--Required--Term.
6.04.030 License--Exemption--Seeing–Eye dogs/service animals.
6.04.050 Dog that bites other animals or persons.
6.04.070 Offenses relating to licensing.
6.04.080 Detainment and disposal.
6.04.090 Offenses relating to safety and sanitation.
6.04.100 Offenses relating to ownership, possession, and control.
6.04.110 Dangerous dogs and potentially dangerous dogs--Registration required.
6.04.120 Dangerous dogs--Confiscation.
6.04.130 Dangerous dogs and potentially dangerous dogs--Dog bites--Penalty and affirmative defenses.
6.04.140 Dangerous dogs or potentially dangerous dogs--Notification of declaration.
6.04.150 Appeal of animal control authority determination.
6.04.160 Appeal of animal control authority decision to confiscate or destroy.
6.04.170 Redemption of impounded animals.
*Prior legislation: Ords. 843, 1131, 1190 and 1239.
6.04.010 Definitions.
As used in this chapter, except where a different meaning is plainly apparent from the context, the definitions set out in this section apply:
“Administrative fee” means the charge levied by the humane society for apprehending an animal and placing it in its custody.
“Alter” means to permanently render an animal incapable of reproduction for medical reasons, whether or not surgically altered.
“Animal control authority” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Animal control officer” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Animal shelter” means a place where seized, impounded, and/or detained animals are kept.
“City” means the city of Wapato.
“Dangerous dog” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.
“Department” means the Wapato police department or a qualified entity contracted with the city to perform the services of the humane society and animal shelter.
“Detain” means to apprehend and/or keep an animal in custody.
“Director” means the Wapato chief of police or the director of the humane society.
“Disposed of in a humane manner” means adopted or euthanized by an overdose of sodium pentobarbital.
“Harboring” means allowing any animal to remain or be lodged, fed or sheltered on property one owns, occupies or controls for more than twenty-four hours.
“Holding period” means seventy-two hours, commencing at one a.m. following the date of detainment of any animal excluding any day the animal shelter or other facility for detaining is not open to the public.
“Humane officer” means any employee of the Wapato police department or any employee of a qualified entity contracted with the city to perform services of the humane society and shall also mean any animal control officer.
“Humane society” means any organization, whether private or public, that the city may contract with for the control of animals within the city limits and for the enforcement of this chapter and also means animal control authority.
“Municipal court” means Wapato municipal court.
“Owner” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Permit” means human conduct in relation to an owned animal, which is intentional, deliberate, careless, inadvertent or negligent.
“Potentially dangerous dog” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.
“Proper enclosure of a dangerous dog” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.
“Severe injury” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.
“Trespassing” means an animal which enters upon the property of another person without the authorization of the lawful occupant. (Ord. 2023-1 §1, 2023)
6.04.020 License--Required--Term.
Any person, firm or corporation keeping or owning a dog within the city limits shall purchase annually from the clerk/treasurer a dog license, which license shall be placed on and kept on such dog at all times. Such license shall be from January 1st of each year until the end of the year and shall be purchased and placed on each dog prior to March 1st of each year. License renewals purchased on March 1st or thereafter in any given calendar year shall be subject to a five-dollar surcharge in addition to the standard license fee. Dogs brought into the city limits from other locations shall be required to be licensed at the time such dog is brought into the city. Puppies shall be required to be licensed upon reaching three months of age. License fees shall be in amounts established by city council resolution. (Ord. 2023-1 §1, 2023)
6.04.030 License--Exemption--Seeing–Eye dogs/service animals.
A Seeing-Eye dog, properly trained and actually in use by a blind person, or other properly registered service animal, shall not require a dog license, provided such Seeing-Eye dog or service animal is registered with the city clerk/treasurer. (Ord. 2023-1 §1, 2023)
6.04.040 Rabies control.
A. All dogs over the age of six months or dogs with a full set of canine teeth shall have a current rabies vaccination administered by a licensed veterinarian. An owner or custodian acquiring a dog shall have such dog inoculated against rabies within thirty days after the dog reaches six months of age. Any person moving into the city from a location outside of the city shall comply with this section thirty days after having moved into the city.
B. A current rabies vaccination means that a dog vaccinated between three months and one year shall be revaccinated within one year of the vaccination and shall be revaccinated at least every three years thereafter. Any dog, cat or other animal that has bitten any person shall be immediately confined for a period of ten days. No animal under confinement shall be released from confinement until such release has been approved by the director.
C. It is unlawful for the owner or custodian of any dog, cat or other animal that has bitten any person to destroy such animal before it can be properly confined by an animal control officer. The location of such confinement shall be determined by the animal control officer and shall be at the sole expense of the owner or custodian. The owner or custodian of any animal that has been reported as having inflicted a bite on any person shall, on demand of the animal control officer, produce such animal for examination and quarantine as prescribed in this section. If the owner or custodian of any such animal refuses to produce such animal, and probable cause exists to support the contention that a person was bitten, the owner or custodian shall be subject to immediately appear before the judge of the municipal court who may order immediate production of the animal. If the owner willfully or knowingly secretes or refuses to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this section.
D. When an animal under quarantine has been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the county health department and advise such department of any reports of human contact with such rabid animal. If any animal under quarantine dies while under observation the animal control officer shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as the diagnosis is made available, which shows the animal to be rabid, the animal control officer shall notify the county health department of any reports of human contact with the animal. Any animal which has not been inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed immediately.
E. Any veterinarian who diagnoses rabies in any animal shall report such fact to the animal control officer. The veterinarian shall determine, before any rabies inoculation is given, whether the subject animal is under quarantine or has inflicted a bite on any person within the last ten days.
F. In case of an outbreak of rabies constituting an emergency situation the director shall be authorized to impose strict regulations pertaining to animals within the city limits. (Ord. 2023-1 §1, 2023)
6.04.050 Dog that bites other animals or persons.
It is unlawful for the owner or custodian of any dog to cause, permit, allow or fail to prevent such dog from biting another animal or person when such dog is at any public place, or on any public property, or the private property of another, without invite or permission, in the city of Wapato. In the event the owner’s or custodian’s dog is on private property following invitation or permission, or where the dog is on the private property of the owner or custodian of the dog, the owner or custodian must take measures to ensure that the dog does not bite other animals or persons that may be present. Where another animal or person enters upon the private property of the owner or custodian of a dog without invitation or permission of the owner or custodian, the owner or custodian is not liable under this provision if his or her dog bites under such circumstances.
A dog that bites another animal or person in violation of this provision shall thereafter be considered a dangerous dog and subject to the dangerous dog provisions under this chapter. (Ord. 2023-1 §1, 2023)
6.04.060 Enforcement.
The city may, if feasible, contract with a qualified humane society entity to perform the services as set forth in this chapter. Such humane society shall have concurrent jurisdiction to supervise and enforce the provisions of this chapter with the Wapato police department. Should the city not contract with a qualified entity to perform the services of the humane society, the Wapato police department shall continue to perform the services of supervision and enforcement. Wherever the term “humane officer” is used in this chapter, the same shall also apply to the Wapato police department, thereby providing the police department with enforcement authority. (Ord. 2023-1 §1, 2023)
6.04.070 Offenses relating to licensing.
It is unlawful for the owner of an animal to:
A. Fail to obtain the license required by this chapter;
B. Fail to display, conspicuously, a license identification tag on the licensed animal;
C. Fail to show the license upon request of any animal control officer or police officer. (Ord. 2023-1 §1, 2023)
6.04.080 Detainment and disposal.
A. No detained animal shall be released to the owner until all applicable fees assessed by the city are paid.
B. The director shall ascertain whether any detained animal is currently licensed and if so shall notify the licensee by letter that such animal has been detained and may be redeemed upon payment of applicable fees.
C. Anyone claiming a detained animal must prove reasonable ownership to the satisfaction of the director before redeeming the animal.
D. Injured, diseased or wild animals need not be detained for the holding period, but may be disposed of in a humane manner at any time at the discretion of the director.
E. Any animal which is detained by the director may be held at the animal shelter or other place appropriate for the animal. The director shall pose a notice of detainment at the shelter and shall attempt to determine ownership of an animal. If at the end of the holding period no owner has claimed the animal, the director shall dispose of the animal in a humane manner.
F. A boarding fee for every twenty-four-hour period or part thereof for the care and feeding of the animal shall be charged to the owner commencing at the close of business on the day that the animal is detained.
G. The director or the county health department may direct the detention of animals suspected of having rabies. The animals shall be held until their release is approved by the director or the county health department and all applicable fees are paid.
H. An administrative fee shall be paid by any person claiming possession of an animal detained by the city.
I. All fees referred to in this section shall be as established by resolution of the city council. (Ord. 2023-1 §1, 2023)
6.04.090 Offenses relating to safety and sanitation.
A. It is unlawful for an individual to do or permit any of the following to occur:
1. Allow the accumulation of dog feces in any open area, run, cage, or yard and fail to remove or dispose of dog feces accumulations which create potential health issues for the occupant of the property, the occupants of neighboring properties, for dogs, or for other animals.
2. Fail to remove from public property that fecal matter deposited by his or her dog on public property before he or she leaves the immediate area where the fecal matter was deposited.
3. Fail to have in his or her possession the equipment necessary to remove his or her dog fecal matter when accompanied by such dog on public property or on a public easement.
4. Possess or control any dog that is sick or inflicted with any infectious or contagious disease and fail to provide treatment for such infection or disease; or allow or permit such diseased or infected dog to run at large or come in contact with other dogs, animals, or people; or permit the dog to drink at any public or common watering trough or stream accessible to other dogs and animals.
5. Keep a dog outside in an open area without access to a barn, dog house, or other enclosed structure sufficient to protect the dog from wind, rain, snow, or sun. The barn, dog house, or other enclosed structure shall have sufficient bedding materials to protect the dog against cold and dampness. A heat source shall be sufficient to prevent a water bowl available for the dog from freezing or a heated water bowl shall be provided.
6. Fail to provide adequate shade or shelter for a dog in the case of a heat advisory.
7. Tether or restrain any dog in a manner that permits the dog to become frequently entangled in the tether or restraint rendering the dog incapable of access to food or water provided to the dog.
8. Tether a dog on a tether shorter than the greater of five times the length of the dog (measured from the tip of the nose to the base of the tail) or ten feet.
9. Tether a dog in a manner that prevents or restricts the dog from access to shelter or shade or access to food and water.
10. Tether a dog in a manner so that the dog has access to any public right-of-way.
11. Tether more than one dog on the same restraint at the same time.
12. Tether or restrain a dog without using a properly fitted body harness or collar with enough room between the collar and the dog’s throat through which two average size human fingers may fit.
13. Except while being used for training purposes in the presence of the owner and/or trainer of the dog, utilize a choke, pinch, or pronged-typed collar for tethering or restraining a dog not being walked on a leash by an owner or other person.
B. Nothing in this section shall be interpreted to prevent the tethering or otherwise restraining of a dog pursuant to the requirements of any camping or recreational area in the city; or the tethering or otherwise restraining of a dog while engaged in, or training for, an activity related to use of the dog as a service dog or by a military or law enforcement agency. (Ord. 2023-1 §1, 2023)
6.04.100 Offenses relating to ownership, possession, and control.
It is unlawful for any individual to do any of the following:
A. Permit any dog to run at large; provided, that dogs may be allowed on public rights-of-way and on other public property where dogs are not prohibited, if restrained by a leash that is eight feet or shorter and if in the physical control of a person.
B. Permit any dog to enter any public fountain or school ground.
C. Fail to confine any dog that is in heat in a secure enclosure so that the female dog cannot come in contact with a male dog unless the male dog is admitted by the owner of the female dog.
D. Permit any animal to (1) damage public property or the private property of another, or (2) habitually bark, whine or howl, or make other oral noises in such a manner as to unreasonably disturb any person, or (3) spread or spill garbage.
E. Permit any animal to trespass upon the property of another.
F. Have in his or her possession any animal not owned by him or her without the knowledge of the rightful owner thereof or to fail to surrender such animal to the director upon demand.
G. Tether an animal in such manner as to permit the animal to enter any sidewalk, street, alley or a place open to the public or to enter any adjacent lot unless authorized by the occupant of the adjacent premises.
H. To keep or maintain more than three dogs over three months in age at any one residence or premises in the city, except at an animal (veterinary) hospital/clinic. For purposes of this subsection, with the exception of registered service animals, no more than three dogs may be kept at any one residence. If more than three dogs are kept at any one residence (other than approved service animals), all adult residents of such residence are in violation of this subsection. (Ord. 2023-1 §1, 2023)
6.04.110 Dangerous dogs and potentially dangerous dogs--Registration required.
A. It is unlawful for an owner to have a dangerous dog or potentially dangerous dog in the city without a certificate of registration issued under this section. This prohibition shall not apply to police dogs as defined in RCW 4.24.410, as the same exists or may hereafter be amended.
B. The animal control authority of the city shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the animal control authority sufficient evidence of:
1. A secure enclosure to confine the dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property;
2. The owner shall conspicuously display a sign on the premises with a warning symbol that informs children of the presence of a dangerous dog; and
3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW, as the same exists now or may hereafter be amended, in a form acceptable to the animal control authority in the amount established by said statute payable to any person injured by the dangerous dog or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the same amount, insuring the owner for any personal injuries inflicted by the dangerous dog.
C. The animal control authority of the city shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner presents to the animal control authority sufficient evidence of:
1. A secure enclosure or backyard chain run that safely confines the dog when the owner is absent.
2. The posting of the premises with a clearly visible warning sign that there is a potentially dangerous dog on the property.
D. The city will charge an annual fee as established by city resolution, in addition to regular dog licensing fees, to register a dangerous dog or a potentially dangerous dog. (Ord. 2023-1 §1, 2023)
6.04.120 Dangerous dogs--Confiscation.
A. Any dangerous dog as defined by the provisions of this chapter shall be immediately confiscated by an animal control authority if the:
1. Dog is not validly registered under RCW 16.08.080;
2. Owner does not secure the liability insurance coverage required under RCW 16.08.080;
3. Dog is not maintained in the proper enclosure;
4. Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person.
B. The owner must pay the costs of confinement and control.
C. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days.
D. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies are not corrected within twenty days of notification. The owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021, as the same exists now or may hereafter be amended. (Ord. 2023-1 §1, 2023)
6.04.130 Dangerous dogs and potentially dangerous dogs--Dog bites--Penalty and affirmative defenses.
A. If a dangerous dog or potentially dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog’s owner is guilty of a class C felony, punishable in accordance with RCW 9A.20.021, as the same exists now or may be hereafter amended. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog or potentially dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked the defendant’s dog without justification or excuse. In addition, the dangerous dog or potentially dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
B. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared dangerous or potentially dangerous, shall upon conviction be guilty of a class C felony punishable in accordance with RCW 9A.20.021, as the same exists now or may be hereafter amended. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant’s dog: (1) trespassed on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and beware of dog; or (2) provoked the defendant’s dog without justification or excuse on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
C. Unless otherwise set forth in this chapter, an owner of a dangerous or potentially dangerous dog without a prior conviction under this chapter, regardless as to whether the dog has been officially registered, designated, or classified as dangerous or potentially dangerous, shall be subject to a civil penalty of up to four hundred fifty dollars for each offense. (Ord. 2023-1 §1, 2023)
6.04.140 Dangerous dogs or potentially dangerous dogs--Notification of declaration.
A. Where the animal control authority seeks to declare a dog within the city to be a dangerous dog or potentially dangerous dog, the animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested. The notice must state:
1. The statutory basis for the proposed action;
2. The reasons the animal control authority considers the animal dangerous or potentially dangerous;
3. A statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in Section 6.04.100(B); and
4. An explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous or potentially dangerous.
B. Prior to the animal control authority issuing its final determination, the animal control authority shall notify the owner in writing that the owner is entitled to an opportunity to meet with the animal control authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous or potentially dangerous. The notice must state the date, time, and location of the meeting, which must occur prior to the expiration of fifteen calendar days following delivery of the notice.
C. After the meeting, the animal control authority must issue its final determination, in the form of a written order, within fifteen calendar days.
D. In the event the animal control authority declares the dog to be dangerous or potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the animal control authority. (Ord. 2023-1 §1, 2023)
6.04.150 Appeal of animal control authority determination.
A. A person who is aggrieved by a determination of the animal control authority regarding dangerous dogs or potentially dangerous dogs may appeal such determination to the Wapato municipal court. The owner must appeal the determination within twenty days of receiving the final determination.
1. The written appeal shall include the name, address and telephone number of the appellant(s) and a copy of the determination of the animal control authority.
2. The clerk shall promptly set a date for a hearing of the appeal. Written notice of the date, time and place of the appeal hearing shall be mailed or personally delivered to the appellant(s) and to the animal control authority not less than ten days prior to the hearing.
3. The appellant(s) shall have the burden of proving that the determination of the animal control authority is arbitrary and capricious.
B. While the appeal is pending, the animal control authority may order that the dog be confined or controlled. If the dog is determined to be dangerous or potentially dangerous, the owner must pay all costs of confinement and control. (Ord. 2023-1 §1, 2023)
6.04.160 Appeal of animal control authority decision to confiscate or destroy.
A. An owner or keeper of a dangerous dog or potentially dangerous dog who is aggrieved by confiscation of the dog may prevent destruction or adoption of the dog by petitioning the Wapato municipal court for the dog’s return, subject to court-imposed conditions.
1. A written petition shall be filed with the clerk of the municipal court not more than twenty days after the date of initial detention. The petition shall include the name, address and telephone number of the petitioner(s) and a copy of the final determination of the animal control authority. The petition shall be accompanied with a bond or security in an amount sufficient to provide for the dog’s detention and care for not less than forty-five days from the date of initial detention.
2. The clerk shall promptly set a date for a hearing on the petition. Written notice of the date, time and place of the hearing shall be mailed or personally delivered to the petitioner(s) and to the animal control authority not less than ten days prior to the hearing.
3. The petitioner(s) shall have the burden of proving that specific, additional court-imposed conditions may be imposed that are sufficient to safeguard the public from bodily harm and property damage.
4. If the municipal court determines that the dangerous dog or potentially dangerous dog should not be returned to the owner or keeper, the dog shall be forfeited by the owner or keeper. The animal control authority may destroy the dog or find a responsible person or agency to adopt the dog.
5. If the municipal court determines that the dangerous dog or potentially dangerous dog should be returned to the owner or keeper, the municipal court shall impose such specific conditions, as it deems appropriate to safeguard the public from bodily injury and property damages. The petitioner shall pay the cost of the dog’s detention and care within ten days after the municipal court’s determination. If the petitioner fails to pay such costs, the bond shall be forfeited and the animal control authority may destroy the dog or find a responsible person or agency to adopt the dog. (Ord. 2023-1 §1, 2023)
6.04.170 Redemption of impounded animals.
A. The owner or owner’s agent of any dog or other animal impounded pursuant to this chapter may redeem the impounded dog or animal within forty-eight hours, exclusive of Sundays and holidays, after notice of the impoundment is given pursuant to Section 6.06.070. Notice, if served by posting and mail, shall be considered effective on the third day after the notice was mailed (or the next day if the third day falls on a Sunday or federal holiday). Such redemption shall be effected as provided by either subsection (B)(l) or (2) of this section.
B. Redemption Fees and Payments.
1. Redemption for each dog, or any other impounded animal, may be accomplished by payment to the owner of the impounding facility the amount due and owing for housing the dog at the facility. In addition to the redemption fee for housing provided by this subsection, a person redeeming an unlicensed dog shall also pay for and obtain a current city of Wapato dog license before the dog is redeemed. In addition to the redemption fee, an additional charge of ten dollars per day shall be imposed for the period of time that the impounded dog is kept in the pound after impoundment, together with the cost for mandatory microchipping, prior to redemption.
2. Any payment required by this subsection for the redemption of an impounded dog or other animal may be made with any commercially reasonable tender, including but not limited to cash, money orders or major credit or debit cards, on sufficient identification being made; provided, that tender is generally accepted by the impoundment facility. (Ord. 2023-1 §1, 2023)
6.04.180 Violation--Penalty.
Except as otherwise set forth in a specific provision of this chapter, failure to comply with any provision of this chapter shall subject the violator to a maximum monetary civil penalty of two hundred fifty dollars for the first offense and a maximum monetary civil penalty of four hundred fifty dollars for each subsequent offense committed within a twelve-month period. (Ord. 2023-1 §1, 2023)