Chapter 5.04 ANIMAL CONTROL

The purpose of this chapter is to provide for the reasonable regulation of animals under the police powers of the town granting owners of animals reasonable utilization thereof and at the same time providing for the health, safety, welfare and general protection of both the human residents and animals of the town. (Ord. 146 § 1, 1983).

5.04.020 Definitions. As used in this chapter:

A. "Animal control authority" means the person, association or corporation, appointed or authorized (including contractual authorization) by the mayor of the town and/or chief of police to carry out the duties of the animal control officer and enforcement under this chapter.

B. "Animal control officer" means any person designated or authorized by the animal control authority to enforce the provisions of the chapter, including a police officer.

C. "At large" means off the premises of the owner and not under the immediate control of the owner, member of his immediate family, or person authorized by him.

D. "Covered animal" means hooved animals usually found on farms, such as horses, ponies, mules, donkeys, bovine animals, sheep and goats.

E. "Dangerous dog" means any dog that, according to the records of the animal control authority, has: (1) inflicted severe injury on a human being without provocation on public or private property; (2) killed a domestic animal without provocation while off the owner’s property; or (3) 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; provided, however, that an animal shall not be considered a "dangerous dog" 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.

F. "Disposal" is defined, for the purposes of this section, as the removal of feces by means of a bag, scoop or other device and an eventual disposal in a trash receptacle, by burying or by other means of lawful disposal.

G. "Domestic animals" means any animals that are usually tamed and bred for the uses of humans.

H. "Exotic animals" means any animals that are not native to or usually found in the United States.

I. "Guard dog" means any member of the dog family which has been trained or represented as trained to protect persons and/or property by virtue of exhibiting hostile propensities and aggressiveness to unauthorized persons.

J. "Inhumane treatment" means every act, omission or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.

K. "Own" means owning, keeping, leasing, possessing or harboring an animal.

L. "Person" means any person, firm, corporation or association.

M. "Potentially dangerous dog" means any dog that when unprovoked: (1) inflicts bites on a human or a domestic animal either on public or private property; or (2) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of humans or domestic animals.

N. "Proper enclosure of a dangerous dog" means, while on the owner’s property, a dangerous dog shall be 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.

O. "Vicious animal" means an animal that is dangerously aggressive to humans or other animals. (Ord. 04-448 § 1, 2004; Ord. 146 § 2, 1983)

5.04.030 Identification tags.

A. Identification Required. It is unlawful for any person to own any dog over the age of six months within the town unless the owner has procured identification tags.

B. Information Required. Any person applying for animal I.D. tags shall be required to provide the Town Clerk or designated authority with the following information:

1. Name, address and telephone number of applicant;

2. Name, address and telephone number of premises where animal is maintained;

3. Physical description of dog, including special usage such as guard dog.

C. Identification (I.D.) Tags and Fees. The Town Clerk or such other person, firm or entity as shall be designated by the Town Council by contract or otherwise, shall issue identification in the form of a metal tag with a number corresponding to the number on the application form.

D. Attachment and Transferability. The applicant shall attach the I.D. tag to the dog. Tags shall not be transferable from one dog to another.

E. Fee. The fee for an animal I.D. tag shall be as set forth in Section 3.32.010.

F. Enforcement Procedure. All unidentified dogs who do not exhibit the metal tag provided for in subsection C of this section, are declared to be public nuisances and the town may impound and restrain the animals for a period of three days, at the expense of the owner, and/or issue a citation to the owner. If not redeemed within the three-day period, the animal control authority may sell or destroy said animal as provided for in this chapter. (Ord. 04-431 § 4, 2004; Ord. 146 § 3, 1983)

5.04.040 Running at large prohibited.

No domestic or covered animal of any kind shall be permitted to run at large during any hours of the day or night. Any such animal is declared to be a public nuisance. (Ord. 146 § 7, 1983)

5.04.050 Impoundment procedures.

A. Notice of Impounding. When any animal with an I.D. tag is impounded, the animal control authority impounding such animal shall attempt to give notice the same day by mail, or by leaving written notice at the address contained in the identification application or by telephone, to the owner, informing him of the impounding of such animal and the reason therefor. It shall, however, be the entire responsibility of the owner to ascertain that his animal has been impounded and to take such measures as he sees fit for redeeming such animal. Neither the town or any officer or agent of the town shall be responsible for failing to notify an animal owner under this chapter.

B. Redemption of Animals by Owner. If, at any time before sale or disposal by the town, the owner of animals so impounded shall claim the same, he shall be entitled to the possession thereof upon payment of all legal charges and expenses incidental to such taking up and keeping of said animal.

C. Sale of Impounded Animals. At the expiration of no less than a three-day notice, as provided in subsection A of this section, the animal control authority may sell such animal at public auction, or otherwise. After deducting the legal fees and costs, expenses of picking up, keeping and selling the animal, the animal control authority shall pay the remainder of the proceeds, if any, into the town treasury.

D. Recovery of Sale Proceeds by Owner. If the owner of any animal sold under the provisions of this chapter shall, at any time within ninety days from the date of such sale, make satisfactory proof to the Town Council of his ownership, he shall be entitled to receive the net proceeds of such sale on deposit with the town treasury. If the owner does not make claim within ninety days, the proceeds shall be forfeited to the general fund of the town.

E. Disposition. Any animal not redeemed or sold by the town, may be destroyed or otherwise disposed of by the animal control authority. The Mayor is authorized to enter into contracts for disposal with appropriate agencies, not including vivisectionists.

F. Disposal of Certain Animals. It is lawful for any police officer or animal authority to kill any dangerous or vicious dog or other animal found at large which cannot, in his or her judgment, be safely taken up and impounded.

G. Impounding Sick or Injured Animals. When in the judgment of a licensed veterinarian or the animal control authority, an animal may be destroyed for prevention of contagion. The animal control authority, or its agent, shall not be held liable for the destruction of said animal.

H. Hindrance to Impounding. No person shall intentionally do the following:

1. Prevent or hinder the impounding of any animal found in violation of the provisions of this chapter;

2. Remove any animal from the animal shelter or veterinary hospital without the authority of the chief of police, the animal control authority or the officer in charge of the pound; and without paying all lawful charges against the animal;

3. Resist or obstruct the animal control authority in the performance of his duty. (Ord. 146 § 5, 1983)

5.04.060 Bite reports.

Every animal which bites a person should be promptly reported to the animal control authority and may be thereupon securely quarantined at the discretion of the animal control authority for a period of ten days. At the discretion of the animal control authority, such quarantine may be on the premises of the owner, at the shelter designated by the town, or at the owner’s option and expense, in a veterinary hospital of the owner’s choice. In the cases of the animals whose ownership is not known, such quarantine shall be at a shelter or veterinary hospital designated by the town. (Ord. 146 § 4, 1983)

5.04.070 Rabies control.

A. It is unlawful for any person knowing or suspecting an animal of having rabies or having been bitten by an animal suspected of having rabies to allow such dog or animal to be taken off his premises or beyond the limits of the town without the written permission of the animal control authority.

B. Every owner or other person, upon ascertaining an animal is rabid or has been bitten by an animal suspected of having rabies, shall immediately notify the animal control authority or a police officer.

C. The animal control officer may either remove the animal to the pound or veterinary hospital or summarily destroy it. All animals noticeably infected with rabies shall be killed by the animal control authority or by any police officer, without notice to the owner. All costs incurred for the animal’s removal shall be the responsibility of the owner. (Ord. 146 § 8, 1983)

5.04.080 Vicious animals.

A. It is unlawful for any person who owns any animal which is known to be vicious, or which in the exercise of reasonable care should be known to be vicious, or a guard dog, to allow the same to run at large; or to fail to restrain such animal in such a manner that the animal is unable to reach those persons utilizing the normal ingress and egress to and from the premises where such an animal is maintained; and to fail to post signs in two conspicuous places upon the premises, warning those persons who may come upon or near the premises of the existence of the vicious animal. A fence surrounding the animal of sufficient height to prevent the animal from reaching persons off the property is required.

B. Any such animal which is known to be vicious, or guard dog, or which in the exercise of reasonable care should be known to be vicious, which is permitted to run at large or is not restrained in the manner provided for in this section, is declared to be a public nuisance and may be impounded and destroyed by the town as provided in this chapter. In the case of guard dogs, the owner must indicate at the time of obtaining an I.D. tag, that the animal is used for a guard dog.

C. The penalties and procedures provided by this section are in addition to those penalties and procedures provided elsewhere in this chapter and are in no way to be construed as limiting the authority of the town to act under the other sections of this chapter. (Ord. 146 § 9, 1983)

5.04.090 Nuisances defined.

A. All violations of this chapter are detrimental to the public health, safety and welfare and are declared to be public nuisances.

B. Nuisances are hereby defined to include:

1. Any animal which chases, runs after or jumps at vehicles using public streets;

2. Any animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public walkways, roads, or other public ways;

3. Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off his premises or lawfully on his premises;

4. A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner’s premises not securely leashed on a line or confined and in the control of a person of suitable age and discretion to control or restrain such animal;

5. Any dog running at large within the Town;

6. Any animal which causes damage to property other than the property of the animal’s owner or person having physical charge and control of the animal; or

7. Any animal maintained in violation of any provision of this chapter.

C. All nuisances under this chapter shall be abated as provided in this chapter. In addition, any owner or person having charge of any animal who fails to abate such nuisance shall be guilty of a misdemeanor with a maximum penalty of a thousand-dollar fine and/or ninety days in jail. (Ord. 448 § 2, 2004: Ord. 146 § 6, 1983)

5.04.091 Nuisance--Notice and order to abate.

A. Notice--When Required. Whenever it shall be stated in writing upon probable cause by an animal control officer or by three or more persons that any animal is a nuisance as defined in Section 5.04.090, the Animal Control Authority shall serve a notice of violation and order of abatement upon the owner of the animal directing that the nuisance be abated.

B. Notice--Final Determination Unless Appealed. The service of a notice of violation and order of abatement shall, unless timely appealed, be a final determination that the animal is a nuisance and such nuisance must be immediately abated.

C. Notice--Contents. The notice of violation and order to abate a nuisance shall contain:

1. The name and address, if known, of the owner or person having physical charge and control of the animal if the identity of the owner cannot be reasonably ascertained;

2. The license number, if available, and description of the animal;

3. A statement that the Animal Control Authority has determined the animal to be a nuisance and a description of the nuisance activity;

4. A statement that the nuisance activity must be immediately abated;

5. A statement that service of the notice of violation and order of abatement is a final determination unless appealed and that an appeal must be filed within five days of service of the notice of violation and order of abatement;

6. A copy of Section 5.04.094 regarding appeal procedures;

7. A copy of Section 5.04.095 regarding disposition of seized and removed animals.

D. Notice--Service. Service of the notice of violation and order of abatement upon the owner of the animal may be made either by personal service to the owner, by posting such notice at the residence of the owner or by certified mail to the last known address of the owner.

E. Appeal of Notice of Violation and Order of Abatement. An appeal of a notice of violation and order of abatement must be served upon the Town of Woodway Clerk within five days of service of the notice of violation and order of abatement. Appeals shall be heard by the Hearing Examiner conducted in accordance with Chapter 2.56. (Ord. 14-554 § 1 (part), 2014: Ord. 07-482 § 1, 2007: Ord. 448 § 3, 2004)

5.04.092 Potentially dangerous dogs.

A. Declaration. Upon probable cause and declaration by the animal control authority that a dog is a potentially dangerous dog as defined in Section 5.04.020, the owner shall be served with a potentially dangerous dog declaration. The declaration must be based upon one or more of the following:

1. The written complaint of a citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the definition of potentially dangerous in Section 5.04.020; or

2. Dog bite reports filed with the animal control authority; or

3. Actions of the dog witnessed by any employee of the animal control authority or law enforcement officer; or

4. Other substantial evidence.

B. Declaration--Final Determination Unless Appealed. The service of a potentially dangerous dog declaration shall, unless timely appealed, be a final determination that the dog is a potentially dangerous dog.

C. Notice--Service. Service of the potentially dangerous dog declaration upon the owner of the animal may be made either by personal service to the owner, by posting such notice at the residence of the owner or by certified mail to the last known address of the owner.

D. Appeal. An appeal of a potentially dangerous dog declaration must be served upon the Town of Woodway Clerk within five days of service of the potentially dangerous dog declaration. Appeals shall be heard by the Town of Woodway Hearing Examiner and conducted in accordance with Chapter 2.56. (Ord. 14-554 § 1 (part), 2014: Ord. 12-543 § 1 (part), 2012: Ord. 448 § 4, 2004)

5.04.093 Dangerous dogs.

A. Declaration. Upon probable cause and declaration by the Animal Control Authority that a dog is a dangerous dog as defined in Section 5.04.020, the owner shall be served with a dangerous dog declaration. The declaration must be based upon one or more of the following:

1. The written complaint of a citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the definition of dangerous in Section 5.04.020; or

2. Dog bite reports filed with the animal control authority; or

3. Actions of the dog witnessed by any employee of the animal control authority or law enforcement officer; or

4. Other substantial evidence.

B. Declaration--Final Determination Unless Appealed. The service of a dangerous dog declaration shall, unless timely appealed, be a final determination that the dog is a dangerous dog.

C. Notice--Contents of Dangerous Dog Declaration. A dangerous dog declaration shall contain:

1. The name and address, if known, of the owner of the animal;

2. The license number, if available, and description of the animal or dog;

3. A statement that the Animal Control Authority has found the animal to be a dangerous dog as defined in Section 5.04.020 and a concise description explaining why the declaration has been made;

4. A statement that the dog is subject to registration as a dangerous dog and controls as required by subsection F of this section;

5. A statement that service of the dangerous dog declaration is a final determination unless appealed and that an appeal must be filed within five days of service of the dangerous dog declaration;

6. A copy of Section 5.04.094 regarding appeal procedures;

7. A copy of Section 5.04.095 regarding disposition of seized and removed animals.

D. Notice--Service. Service of the dangerous dog declaration upon the owner of the animal may be made either by personal service to the owner, by posting such notice at the residence of the owner or by certified mail return receipt requested to the last known address of the owner.

E. Appeal. An appeal of a dangerous dog declaration must be served upon the Town of Woodway Clerk within five days of service of the dangerous dog declaration. Appeals shall be heard by the Town of Woodway Hearing Examiner and conducted in accordance with Chapter 2.56.

F. Requirements for Dangerous Dogs. Strict compliance with each of the following conditions is required to keep a dangerous dog in the Town of Woodway:

1. In addition to any license required under the provisions of this chapter, all dog owners who are required to obtain a certificate of registration, pursuant to the dangerous dog provisions of RCW 16.08.080, must obtain a Town of Woodway dangerous dog certificate of registration. The applicant shall apply for such certificate upon forms supplied by the Town Clerk and pay an annual fee of five hundred dollars, which shall not be prorated for any part of a year. A copy of a valid certificate of registration issued pursuant to Chapter 16.08 RCW shall be attached to the application. The Town of Woodway dangerous dog certificate of registration shall be issued upon completing the requirements of this section.

2. The owner of dangerous dog shall provide for proper enclosure of a dangerous dog. A dangerous dog may not be outside of the dwelling of the owner or outside of a proper enclosure of a dangerous dog unless muzzled and restrained by a substantial chain or leash and under the control of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog nor interfere with its vision or respiration but shall prevent it from biting any person or animal.

3. The owner of a dangerous dog shall secure liability insurance coverage or a surety bond as required by RCW 16.08.080(6)(b) and (c).

4. The owner of a dangerous dog shall be required to post 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.

G. Failure to Comply with Dangerous Dog Requirements. Any dangerous dog shall be seized and removed by animal control officer if:

1. The dog is not validly registered under this chapter and RCW 16.08.080;

2. The owner does not secure liability insurance coverage or a surety bond as required by RCW 16.08.080(6)(b) and (c);

3. The dog is not maintained in a proper enclosure, as required by RCW 16.08.080(6)(a);

4. The dog is outside of the dwelling of the owner or outside of a proper enclosure and not muzzled and restrained by a substantial chain or leash and under the control of a responsible person; or

5. The owner has failed to post the property with warning signs as required.

H. A dangerous dog seized and removed in violation of dangerous dog requirements shall not be released during investigation of or prosecution for failure to comply with dangerous dog requirements. Any person convicted of failing to comply with dangerous dog requirements shall make restitution to the Town of Woodway for all costs incurred in boarding and disposition of such dog and shall forfeit any interest in such dog.

I. The provisions of this section shall not apply to dogs used by law enforcement officials for police work. (Ord. 14-554 § 1 (part), 2014: Ord. 07-482 § 2, 2007: Ord. 448 § 5, 2004)

5.04.094 Appeal.

A. Filing. A notice of appeal shall be filed with the Woodway Hearing Examiner and the Town Clerk not more than five days after service of the order to abate a nuisance or dangerous or potentially dangerous dog declaration. The notice of appeal shall be in writing and shall contain a brief statement of the reasons for the appeal. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the order to abate a nuisance or declaration of dangerous dog or potentially dangerous dog. No fee shall be charged for this appeal. At the appeal hearing before the Hearing Examiner, the Animal Control Authority shall have the burden of proving that the animal is potentially dangerous, dangerous, or a nuisance by a preponderance of the evidence. (Ord. 14-554 § 1 (part), 2014: Ord. 12-543 § 1 (part), 2012: Ord. 448 § 6, 2004)

5.04.095 Disposition of seized and removed animals--Bond
requirements.

Any owner whose domestic animal is seized and removed pursuant to Section 5.04.093 (Dangerous dogs) shall, upon a finding of probable cause by the Woodway Hearing Examiner, be required to post a bond or security within five days of such probable cause finding in an amount sufficient to provide for the animal’s care for a minimum of sixty days from the seizure date, unless such bond or security is waived or modified by the Woodway Hearing Examiner upon application by the owner. Failure to post such bond or security shall authorize the Town or its agent to euthanize the animal or find a responsible person to adopt the animal. The Town may euthanize severely injured, diseased, or suffering animals at any time. (Ord. 14-554 § 1 (part), 2014: Ord. 448 § 7, 2004)

5.04.100 Confinement of animals in heat.

The owner or person having charge of any unspayed female dog shall confine such dog in a building or enclosed area during the period such dog is in heat. (Ord. 146 § 12(E), 1983)

5.04.110 Care of confined animals--Food and water.

Any person who shall confine any animal shall supply the same during such confinement with clean, adequate shelter from the weather and a sufficient daily quantity of food and water. (Ord. 146 § 12(C), 1983)

5.04.120 Fencing--Open space requirements.

The owner and/or tenant or other occupier of the premises upon which any covered animal is maintained for more than seven consecutive days within the town limits shall provide adequate fencing in a good state of repair to guarantee the confinement of said animal within said fence, which fence shall completely enclose an area of adequate open space. (Ord. 146 § 10 (A), 1983)

5.04.130 Care of livestock--Sanitation requirements.

The owner of each covered animal and the owner and/or occupier of the premises upon which said animal is maintained within the town limits shall guarantee and, at all times, maintain the premises upon which the covered animal is maintained in a sanitary and neat condition, including, but not limited to, disposal of manure or other waste material from said animal. An unreasonable accumulation of flies or other insects or pests within the property on which said animal is maintained, and/or noxious or offensive odors, or the unreasonable accumulation of flies, insects or other pests transcending into neighboring or vicinal real property, shall be presumed to be inadequate sanitary conditions. (Ord. 146 § 10(B), 1983)

5.04.140 Care of livestock--Insanitary enclosures deemed nuisance.

Whoever shall keep, use or maintain, within the town limits, any pens, stable, lot, place or premises in which any animal or fowl may be confined, in such manner as to be nauseous, foul or offensive, shall be deemed to be maintaining a public nuisance. (Ord. 146 § 12(B), 1983)

5.04.150 Exotic animals.

No person shall maintain a carnivorous exotic animal in the town. (Ord. 146 § 11, 1983)

5.04.160 Poison control.

It is unlawful for any person to lay out or expose any kind of poison attractive to domestic animals, or leave exposed any poisoned foods or drink for human, animal or fowl, on the premises of another or in any unenclosed place. (Ord. 146 § 12(A), 1983)

5.04.170 Abandonment of animals prohibited.

It is unlawful for any person to abandon any animal within the town in any manner. In addition to the penalty for violation of this chapter, as set forth in Section 5.04.180 of this chapter, any person found guilty of a violation of this section shall pay to the town the cost and expense of the impound and restraint of the animal or animals involved. (Ord. 146 § 12 (D), 1983)

5.04.180 Violation--Penalty.

A. Any person who violates the following provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than two hundred fifty dollars:

1. Section 5.04.030(A), (B);

2. Section 5.04.050(H);

3. Section 5.04.060(B);

4. Section 5.04.040;

5. Section 5.04.070(A), (B);

6. Section 5.04.080(A);

7. Section 5.04.100;

8. Section 5.04.110;

9. Section 5.04.120;

10. Section 5.04.130;

11. Section 5.04.140;

12. Section 5.04.150;

13. Section 5.04.160;

14. Section 5.04.170.

B. Any owner or person having charge of any animal who violates the provisions of the following shall be guilty of a misdemeanor with a maximum penalty of a one-thousand-dollar fine and/or ninety days in jail:

1. Section 5.04.091;

2. Section 5.04.093.

C. Upon the third conviction or forfeiture within twelve months of a previous conviction or forfeiture for a violation of any of the provisions set out in subsection A of this section, the court shall impose a minimum mandatory fine of fifty dollars, which fine shall not be suspended or deferred. (Ord. 07-482 § 3, 2007: Ord. 146 § 13, 1983)

5.04.190 No duty created.

Nothing contained in this chapter is intended to be, nor shall be, construed to create or form any special duties or relationships with specific individuals or otherwise constitute the basis for any liability on the part of the town or its officers, employees or agents, for any injury or damage resulting from the failure of any person to comply with the terms of this chapter, or by reason or in consequence of any commission with the implementation or enforcement of this chapter on the part of the Town by its officers, employees, or agents. This chapter has been enacted for the welfare of the public as a whole, and not for any specific group or class. (Ord. 448 § 8, 2004)

5.04.200 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the director of the animal control authority may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute a violation of this code or other regulations herein adopted. (Ord. 448 § 9, 2004)