Chapter 8.12 GENERAL REGULATIONS

“Animal control officer” means any person designated by the chief of police or the municipal government as a law enforcement officer for the purpose of enforcing ordinances, statutes or regulations relating to animals.

“Animal shelter” means any facility operated by a humane society, or municipal agency, or its authorized contractors or agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

“At heel” means for any animal to be positioned and controlled in such a manner so as to remain within a distance of two feet from its owner or other competent person having charge of such animal.

“At large” means off the premises of the owner or upon the public streets, alleys, public grounds, school grounds, or parks within the city. An animal is not “at large” if it is:

(A) Attached to a leash or chain of sufficient strength to restrain the animal, not more than eight feet in length, and held by a person competent to restrain and control the animal off the owner’s premises; or

(B) Restrained within a motor vehicle; or

(D) It is confined, tied or restrained so as to be unable to range beyond the owner’s premises.

“Commercial kennel” means an establishment wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling a total of four or more dogs and cats over six months of age in any 12-month period; or premises where a total of four or more dogs and cats over six months of age are harbored.

“Competent person” means any person who, by reason of age and physical ability, and/or training, is capable of maintaining control of the animal in the charge or custody of such person.

“Dangerous dog” means any dog that:

(A) Has inflicted severe injury on a human being without provocation on public or private property; or

(B) Has killed a domestic animal without provocation while off the owner’s property; or

(C) Has been previously found to be potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

“Hobby kennel” means an establishment wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling not more than a total of three dogs and cats over six months of age in any 12-month period.

“Humane society” means any organization for the prevention of cruelty to animals incorporated under the laws of the state of Washington.

“Owner” means any person who has legal title to an animal, any person who has possession or custody of an animal, any person who harbors an animal, and/or any person who permits or allows the animal to remain on his property. An animal shall be deemed harbored if it is fed or sheltered for three consecutive days or more.

“Person” includes any person, firm, partnership, corporation, trust or association or group of persons.

“Pet shop” means any retail establishment engaging in the purchase and/or sale of cats and/or dogs, either solely or in addition to the purchase and/or sale of other species of animal.

“Potentially dangerous dog” means any dog that without provocation:

(A) Inflicts bites on a human or a domestic animal, either on public or private property; or

(B) Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or

“Proper enclosure of a dangerous dog” means a dangerous dog while on the owner’s property shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children or their being able to place any portion of their anatomy so as to expose it to risk of attack by the dog 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.

“Severe injury” means any physical injury that results in broken bones or lacerations requiring sutures or cosmetic surgery.

“Stray animal” means an animal found at large without any apparent owner or home.

“Veterinary hospital” means any establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals. (Ord. 1419, 2007)

8.12.020 License required.

(1) Except as provided in WMC 8.12.060, it is a violation for any person to own, possess, keep, or harbor any dog or cat over six months of age within the city unless such animal is licensed and a license tag attached as provided in this chapter.

(2) Licenses shall be issued by the city upon payment of the required city license fee:

(A) Annual licenses issued after the first day of November of each year shall be valid until the last day of December of the next following year.

(B) Lifetime licenses shall be valid for the life of the animal.

(3) Before a license is issued for any dog or cat, the owner must certify under penalty of perjury that the animal has been vaccinated against rabies and provide a current rabies certificate.

(4) Before a license is issued for any dangerous dog the owner shall present sufficient evidence of:

(A) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;

(B) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW, in a form acceptable to the animal control authority in the sum of at least $50,000, payable to any person injured by the dangerous dog; or

(C) 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 $50,000, insuring the owner versus any personal injuries inflicted upon another person by the dangerous dog.

(5) The following license fees shall be paid upon application for a license:

(A) Unneutered or unspayed dogs, $25.00;

(B) Neutered or spayed dog:

(i) Annual license, $5.00;

(ii) Lifetime license, $30.00;

(D) Neutered or spayed cats:

(i) Annual license, $3.00;

(ii) Lifetime license, $25.00;

(E) Seeing eye dogs or other dogs trained to assist disabled or handicapped persons, no fee for annual or lifetime license;

(F) Dangerous dog, $500.00, annual license only;

(G) Government police dogs, no fee.

(6) The license and fee requirements of this section shall not apply to dogs owned by nonresidents temporarily within the city for a period of not more than 30 days, or to government police dogs.

(7) The license applicant shall be required to furnish proof that a dog or cat has been neutered or spayed and may be required to present a certificate from a licensed veterinarian to that effect.

(8) License tags shall not be transferable. No refund shall be made of any license fee for any reason.

(9) In the event any license tag is lost, a duplicate shall be caused to be issued by the city upon presentation of the original license receipt and upon payment of $3.00. (Ord. 1419, 2007)

8.12.030 Affixing license tags.

The owner shall cause a valid license tag to be securely affixed to the collar of the animal so that the license is in such a position that it may be easily seen by animal control officers. The owner shall cause the tag to be worn by such animal at all times. (Ord. 1419, 2007)

8.12.040 Licenses – Violations.

It is a violation to counterfeit or alter any licenses, license receipt, or license tag provided for in this chapter, or to take from any animal a license tag legally placed upon that animal with the intent to place it upon another animal, or to place upon an animal a license tag not validly issued for such animal. (Ord. 1419, 2007)

8.12.050 Dangerous dogs – Violations – Penalties.

(1) It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

(2) Any dangerous dog shall be immediately confiscated by an animal control officer if:

(A) The dog is not validly licensed under WMC 8.12.020(4);

(B) The owner fails to maintain the liability insurance coverage required under WMC 8.12.020(4);

(D) The dog is outside of the proper enclosure and not under physical restraint as required by subsection (1) of this section.

(3) Dogs 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 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.

(4) The violation of any of the provisions of this section shall be a misdemeanor and subject to punishment as provided in WMC 8.12.210. (Ord. 1419, 2007)

8.12.060 License and permit – Denial and revocation.

(1) The city may deny or revoke any permit or license if the person requesting or holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by the city of Westport, or any law governing the protection and keeping of animals.

(2) It shall be a condition of the issuance of any permit or license that the city of Westport shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.

(3)(A) If the applicant has withheld or falsified any information on the application, the city of Westport shall refuse to issue or may revoke a permit or license.

(B) Knowingly falsifying any information on a license application or veterinarian’s certificate is an infraction punishable by a monetary penalty of $250.00.

(4) No person who has been convicted of an offense involving cruelty to animals shall be issued a permit or license to operate a commercial animal establishment for 24 months after the date of the conviction.

(5) Any person having been denied a license or permit may not reapply for a period of 30 days. Each reapplication shall be accompanied by a $10.00 fee which shall be in addition to the fees required by WMC 8.12.020.

(6) Any person whose permit or license is revoked or denied shall, within 10 days thereafter, humanely dispose of all animals owned, kept, or harbored by such person and no part of any permit or license fee shall be refunded.

(7) Any person convicted of a misdemeanor as provided in this chapter shall:

(A) Not be allowed to apply for a license or permit for two years after the date of conviction; and

(B) Have any current valid animal license or permit revoked by the city. (Ord. 1419, 2007)

8.12.070 Denial or revocation of license or permit – Appeal.

(1) If the city determines pursuant to WMC 8.12.060 that a license or permit should be denied or revoked, the city shall notify the applicant, permittee, or licensee of this decision, in writing and with the reasons therefor, in person or by certified or registered mail. The notice shall also include the applicant’s right to a hearing or an appeal under this section.

(2) Within 10 business days after posting of the notice as provided in subsection (1) of this section, the applicant may request a hearing before the city council to show cause why such license or permit should be granted or should not be revoked. If the applicant does not request a hearing before the city council within 10 business days of the posting of the notice, the decision of the city shall become final.

(3) If a hearing is requested, and, after such hearing, the city council decides that the license or permit should not be issued or that a previously issued license or permit should be revoked, the applicant shall be notified of this determination in writing. (Ord. 1419, 2007)

8.12.080 Animal care.

(1) Every female dog or cat in heat shall be kept confined to the owner’s property or in a veterinary hospital or boarding kennel so that such female dog or cat cannot come in contact with other animals except for intentional breeding purposes.

(2) Dogs or cats kept outdoors for more than six hours at one time must be provided with a moisture-proof and windproof shelter of a size which allows the animal to turn around freely and to easily sit, stand and lie in a normal position and to keep the animal clean, dry and comfortable.

(3) Every owner shall provide his or her animals with sufficient good and wholesome food and water, and veterinary care when needed to prevent suffering, and with humane care and treatment.

(4) Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal’s owner, animal control officer, or police department. (Ord. 1419, 2007)

8.12.090 Safety and sanitation – Prohibited acts.

It is unlawful for an owner to:

(1) Allow the accumulation of cat or dog feces in any open area, run, cage or yard wherein dogs and/or cats are kept and fail to remove or dispose of feces at least once every 72 hours;

(2) Fail to remove the fecal matter deposited by his/her animal on public property or private property of another before the owner leaves the immediate area where the fecal matter was deposited;

(3) Fail to have in his/her possession the equipment necessary to remove his/her animal’s fecal matter when accompanied by said animal on public property or public easement. (Ord. 1419, 2007)

8.12.100 Animals declared public nuisances.

In each of the following instances, the animal involved is declared to be a public nuisance, and may be impounded and held in accordance to the provisions of this chapter:

(1) Any animal at large within the city;

(2) Any animal which, by frequent or habitual howls, barks, or other loud noises, unreasonably annoys or disturbs another resident in the immediate neighborhood;

(3) Any animal which snarls, growls or otherwise menaces, molests or comes in contact with any person or passing vehicle using any public street, alley, or sidewalk;

(4) Any stray animal;

(5) Any animal, the keeping, possession or ownership of which is in violation of any provision of this chapter;

(6) Any animal which has not been licensed as provided by this chapter or which does not have a proper license tag attached to it;

(7) Any animal which damages private or public property and/or spreads or spills garbage;

(8) Any animal which is in imminent danger of harm or which is suffering from obvious neglect;

(9) Any potentially dangerous dog. (Ord. 1419, 2007)

8.12.110 Public nuisance – Violation.

It is a violation of this chapter for any owner to fail to exercise proper care and control of his or her animal to prevent it from becoming a public nuisance. (Ord. 1419, 2007)

8.12.120 Prohibited acts – Misdemeanors – Penalty.

It is a misdemeanor punishable upon conviction by a fine not to exceed $1,000 or by imprisonment in jail for a period not to exceed 90 days, or by both such fine and imprisonment, for any person to commit any of the following acts:

(1) To intentionally beat, injure or kill any domestic animal in a cruel or inhumane manner, or to otherwise intentionally torture or torment any domestic animal in a cruel manner; provided, that any owner or person having possession or control of any domestic animal who permits any such cruel acts to be performed by another, and who aids, abets, or encourages any such cruel action to be performed, shall be guilty of violating this section;

(2) To place any poisonous substance upon any public or private property with intent to kill or cause serious injury to any domestic animal;

(3) To allow any quarantined animal to be outside or free of such confinement as may be ordered by the health, animal control, or other officer;

(4) To prevent, obstruct, or interfere, or to attempt to prevent, obstruct, or interfere with any officer who is enforcing or attempting to enforce the provisions of this chapter;

(5) To break open, or attempt to break open, any place, vehicle, building or enclosure where animals impounded under this chapter are kept, or except as authorized by the animal control officer, to take or let animals therefrom, or to take or attempt to take from the animal control officer any animal seized by him or her in compliance with this chapter;

(6) Cruelty.

(A) To confine, without adequate ventilation, any animal in any box, container or vehicle;

(B) To tease, tantalize or provoke any animal with the intent to cause fear or anger;

(C) To tether or confine any animal in such a manner or in such a place as to cause injury or pain or to endanger an animal; or to keep an animal in quarters that are injurious to the animal due to inadequate protection from the heat or cold, or that are of insufficient size to permit the animal to move about freely;

(D) To abandon any domestic animal within city limits;

(E) To keep an animal in an unsanitary condition or fail to provide sufficient food, water, shelter, or ventilation necessary for the good health of that animal. (Ord. 1419, 2007)

8.12.130 Rabies.

(1) In addition to and notwithstanding any other provisions of this chapter, whenever any person has been bitten by any animal and there is no reason to suspect that the animal is rabid, at the discretion of the local health officer or an animal control officer, the animal involved may be restricted for 10 days’ observation in such manner as to prevent contact with other animals or persons except for the caretaker.

(2) The department of health or police department may, if there is reason to believe the animal may be rabid, order the animal surrendered to an animal shelter or veterinary hospital to be confined at the owner’s expense. The cost of confinement shall be the greater of $4.00 per day or actual costs.

(3) No person shall knowingly allow an animal confined under provisions of this chapter to escape, or sell, give away, or otherwise dispose of such animal before the expiration of the quarantine period. (Ord. 1419, 2007)

8.12.140 Impounding of animals.

Any animal which is off the premises of the owner and not under the control of some person, or which is otherwise in violation of this chapter and subject to impound, may be impounded by the animal control officer. Except as provided in WMC 8.12.050(2) or 8.12.130, no licensed animal shall be impounded if it is on the owner’s property. (Ord. 1419, 2007)

8.12.150 Notice of impounding.

Upon seizing and impounding of any animal, if the identity of the owner is known to or can be readily determined by the animal control officer, the animal control officer shall give notice of such impounding in substantially the following manner: as soon as reasonably practicable after the animal is impounded, the animal control officer shall make reasonable attempts to notify the owner by note, telephone or mail that the animal has been impounded and is subject to redemption, and may be redeemed as herein provided. (Ord. 1419, 2007)

8.12.160 Redemption of impounded animals.

(1) Unless specific provisions of this chapter require impounding for a longer period of time, any impounded animal may be redeemed by the owner, or an authorized representative of the owner, from the animal control officer upon proof that the following conditions have been met:

(A) On the first impoundment of an animal an impounding and boarding fee established by the police chief shall be paid; provided, that on subsequent impoundment of the same animal within a 12-month period the impounding fee shall be increased to $50.00;

(B) If the owner has no valid license tag for the animal and a license is required by the provisions of this chapter, the owner shall obtain a license tag or duplicate for the current year;

(2) Notwithstanding subsection (1) of this section, no animal impounded under this chapter as a dangerous dog or potentially dangerous dog shall be released or redeemed without a hearing first being held before the municipal court judge. Notice of the hearing shall be provided to the owner pursuant to the provisions of WMC 8.12.150 at least 24 hours prior to the date and time of the hearing. If after such hearing the judge determines that the animal has or exhibits vicious or dangerous propensities and would, if released, constitute any threat to the welfare of the residents of the city, the judge is authorized to direct the governmental agency having jurisdiction over the animal to destroy or otherwise satisfactorily dispose of the animal. (Ord. 1419, 2007)

8.12.170 Disposition of unclaimed animals.

(1) Unless specific provisions of this chapter require impounding for a longer period of time, if an impounded animal is not claimed and redeemed within 72 hours, excluding Sundays and holidays, it shall become the property of the city and it may be sold, relinquished for adoption, or humanely destroyed by the animal control officer; provided, that any person who wishes to adopt an unspayed or unneutered dog or cat shall first have the animal spayed or neutered.

(2) Each person adopting an impounded animal from the city of Westport shall pay a nonrefundable $15.00 adoption fee. (Ord. 1419, 2007)

8.12.180 Immediate destruction of animals.

An animal control officer or police officer may immediately destroy any animal when:

(1) The health or safety of a person is at risk and impoundment would be impracticable; or

(2) For humane considerations. (Ord. 1419, 2007)

8.12.190 Wild or dangerous animals.

(1) No person shall keep or maintain or have in his possession or under his control, within any area of the city zoned residential, any lion, tiger, bear, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, coyote, fox, lynx, or poisonous reptile or serpent, or any other dangerous wild animal or reptile.

(2) No person owning or having charge, custody, control, or possession of any animal specified in subsection (1) of this section shall permit or allow the same to run at large upon any highway, lane, alley, court, or any other way, public or private, or within the premises of such person in such a manner as to endanger any person lawfully entering such premises.

(3) Subsection (1) of this section shall not apply to any person keeping or maintaining or having in his possession or under his control any animal specified therein when such person is transporting such animal through the city; provided, he has taken adequate safeguards to protect the public, and has notified the animal control officer of his proposed route of transportation and of the time that such trip is to take place; nor shall subsection (1) of this section apply to a person who has custody of any such animals in connection with the operation of any zoo or circus or in connection with any program of medical or scientific research or humane education, provided such person has taken adequate measures to safeguard persons and property. (Ord. 1419, 2007)

8.12.200 Animal services facilities.

(1) Animal services facilities shall include but shall not be limited to the following:

(A) Hobby kennels;

(B) Pet shops;

(D) Veterinary hospitals;

(E) Animal shelters.

(2) Commercial kennels as defined in WMC 8.12.010 are prohibited in all areas of the city.

(3) All hobby kennels, pet shops and grooming facilities must be licensed by the city. Licenses will be issued by the city clerk and license fees shall be assessed as determined by resolution of the city council.

(4) Veterinary hospitals and animal shelters must be licensed by the city, provided these facilities shall be exempt from the license fee.

(5) All licenses shall be conspicuously displayed on the premises and are not transferable to other facilities. All licenses are subject to the provisions set forth in WMC 8.12.060.

(6) The city shall establish standards for the humane care of all animals in animal services facilities and such other regulations as may be necessary to ensure the health, safety and welfare of animals in such facilities. A copy of those standards and regulations shall be provided upon application for any facility license. They may be amended from time to time as deemed necessary by the city. (Ord. 1419, 2007)

8.12.210 Violations – Penalties in general.

(1) Except where otherwise provided in this chapter, the failure to perform any act required by this chapter, the performance of any act prohibited or declared unlawful by this chapter, or any violations of the terms of this chapter is designated as an infraction and shall not be classified as a criminal offense. Any person found to have committed an infraction under this chapter shall be assessed a monetary penalty as follows:

(A) For the first offense in one year, not less than $25.00 nor more than $150.00.

(B) For a second offense within one year, not less than $50.00 nor more than $300.00.

(2) A person found to have committed a third of subsequent offense as provided in this chapter, of any kind, including offenses which would otherwise be designated as an infraction, within one year shall be guilty of a misdemeanor, punishable by confinement in jail not to exceed 90 days and by fine not to exceed $500.00. (Ord. 1419, 2007)

8.12.220 Disposition of fees, fines and charges.

All fines, fees or other charges imposed and collected pursuant to this chapter shall be placed in the animal control account unless otherwise required by state law. (Ord. 1419, 2007)

8.12.230 Repealer.

Ordinance Nos. 1399, 690 and 250 are hereby repealed and any other ordinances in conflict herewith. (Ord. 1419, 2007)

8.12.240 Severability.

It is the intention of the city council that each separate provision of this chapter shall be deemed independent of all other provisions, and it is further the intention of the city council that if any provision of this chapter is declared invalid, all other provisions thereof shall remain valid and enforceable. (Ord. 1419, 2007)