Chapter 6.24
ENFORCEMENT POWER
Sections:
6.24.015 Habitual offender of animal complaints.
6.24.010 Enforcement power.
A. The county animal control authority, as agent of the city, or any other duly authorized agent of the city acting alone or in concert with other municipalities, is authorized to take such lawful action as may be required to enforce the provisions of this chapter and the laws of the state as they pertain to animal cruelty, shelter, welfare and enforcement of control.
B. The officer or official shall not enter a building designated for use for private purposes unless a proper warrant has first been issued upon a showing that the officer or official has reasonable cause to believe an animal is being maintained in the building in violation of this chapter.
C. The officer or official, while pursuing or observing any animal in violation of this title, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or observed.
D. No person shall deny, prevent, obstruct, or attempt to deny or prevent or obstruct an officer from pursuing any animal observed to be in violation of this title. Further, no person shall fail or neglect, after a proper warrant has been presented, to promptly permit the officer or official to enter private property to perform any duty imposed by this chapter. (Ord. 02-605 § 4, 2002)
6.24.015 Habitual offender of animal complaints.
A. In addition to any legal remedy available under the provisions of this chapter, the city of Asotin police chief, the city of Asotin police department staff or agent contracted and authorized by same may personally notify and direct in writing the owner of any animal which is subject of more than three separate notices of violation or abatement notices in any six-month period to abate and remove said animal from the city limits within 96 hours from the date of said notice, or in the alternative, to abate or transfer ownership and possession of said animal to another person not living within the city limits of the city of Asotin.
Such notice to abate shall state the method of appealing the order which shall be in the manner provided for in this section, except that any appeal must be filed before closure of the city of Asotin clerk’s office within three working days following service of the notice.
If such animal is found in violation of the abatement notice after 96 hours have elapsed from the date of notice, or the date of affirmance of such order if a timely appeal is filed, said animal shall be abated and removed by the city of Asotin police department staff by impoundment, subject to all impoundment procedures;
Provided, however, said animal may not be returned to inside the city of Asotin city limits.
B. When a written complaint is received by the city or animal control authority, a letter of determination must be served upon the animal’s owner. If the owner wishes to contest this determination of a habitual offender of animal complaints, a written request for hearing shall be presented to the city clerk within three working days of the notice, excluding holidays. The appeal will then come before the mayor to adjudicate the complaint of habitual offender of animal complaints within seven days. In the event the appeal finds by clear and convincing evidence that the complaint is valid, the dog or animal complained of shall be, by order of the city, classified as a habitual offender and the city shall order the owner of the dog or animal to comply with this chapter. Any further appeal of this determination must be brought forth and adjudicated in Asotin district court. (Ord. 23-887, 2023)
6.24.020 Violation – Penalty.
Any person who violates, or whose animal violates, any provision of this chapter is guilty of a misdemeanor unless otherwise classified as a gross misdemeanor or felony herein. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as provided in this section. (Ord. 02-605 § 4, 2002)