Chapter 6.04
ANIMAL CONTROL

Sections:

6.04.010    Definitions.

6.04.020    Power of deputies and authorized persons.

6.04.030    Running at large.

6.04.040    Animal at large while in heat.

6.04.050    Declaring an animal as potentially dangerous – Levels of violation.

6.04.053    Failure to control an animal declared potentially dangerous – Declaration of an animal as dangerous.

6.04.055    Registration of a dangerous animal.

6.04.060    Howling and barking.

6.04.070    Injury to property.

6.04.075    Removal of fecal matter.

6.04.080    Chasing vehicles or cyclists.

6.04.090    Jumping and barking at pedestrians or cyclists.

6.04.100    Repealed.

6.04.110    Cruelty – Violations declared unlawful.

6.04.113    Selling animals from puppy or kitten mills prohibited.

6.04.115    Repealed.

6.04.117    Repealed.

6.04.120    Injured or diseased animals.

6.04.122    Failure to report – When striking an animal with motor vehicle.

6.04.125    Found stray animals.

6.04.130    Violation – Abatement.

6.04.140    Violation – Penalty.

6.04.010 Definitions.

For the purpose of this title, the following words shall have the following meanings unless the context indicates otherwise:

1. “Abandonment” means the owner has left the animal for a period of 24 hours without making effective provisions for its proper care.

2. “Adequate shelter” means a moisture proof and wind proof structure that allows the animal to turn around freely, sit easily, stand and lie normally, and that keeps the animal clean, dry and comfortable.

3. “Altered” means any spayed female or castrated male dog or cat.

4. “Animal” means any living vertebrate creature, including reptiles or birds, and excepting man, marine mammals, and fish.

5. “Animal control authority” means the department or officer of the city appointed by the city manager, or the person appointed by the city council to carry out the duties of an animal control authority or animal control officer under this title.

6. “Animal rescue league” means any association or corporation which routinely obtains unwanted dogs or cats, the primary goal of which is to place the dogs or cats into adoptive homes, as long as the dogs or cats are neutered.

7. “Animal shelter” means a licensed facility used to care for homeless or unwanted animals by a governmental entity, animal welfare society or other organization devoted to the welfare, protection and humane treatment of animals.

8. “At large” means a dog on public property or private property without permission of the property owner or lessor except:

a. In parks, on Bainbridge Island school district property, in Winslow in an area bounded by Eagle Harbor, Madison Avenue, High School Road and Ferncliff Avenue, and in the Lynwood Neighborhood Service Center unless the dog is on a leash or chain no longer than six feet in length or is within an area of a park during hours which the owner of the park has designated as available to off-leash dogs, if under its owner’s direct control and obedient to its owner’s commands.

b. Elsewhere on Bainbridge Island, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner’s direct control and is obedient to its owner’s commands.

9. “Boarding kennel/cattery” means a kennel or cattery where dogs or cats are boarded or trained for compensation, except a pet shop, animal shelter or veterinary hospital where the boarding is incidental to the primary purpose of the facility.

10. “Cat” means and includes female, spayed female, male and castrated male cats.

11. “Commercial kennel” means a kennel or cattery where adult dogs or cats are bred for compensation.

12. “Dangerous” means an animal that according to the records of the animal control authority: (a) has inflicted severe injury on a human without provocation while on public or private property; (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 has received notice of such potential and the animal subsequently aggressively bites, attacks or endangers the safety of humans or domestic animals. This definition shall not include a police dog as defined in RCW 4.24.410.

13. “Dog” means and includes female, spayed female, male and castrated male dogs.

14. “Foster home” means a temporary home with a permit approved by the animal control authority to house lost, abandoned or unwanted dogs and cats until an adoptive home is located.

15. “Grooming parlor” means a facility with the primary function to bathe, clip or comb animals for compensation for hygienic or aesthetic reasons.

16. “Hobby kennel” means a noncommercial kennel at or adjacent to a private residence where adult dogs or cats are maintained for purposes other than breeding.

17. “Impound” or “impoundment” means an authorized official taking control of any animal found to be in violation of this title pursuant to the terms of this title.

18. “Inhumane treatment” means every act, omission or neglect whereby unnecessary or unjustified physical pain or suffering is caused or permitted.

19. “Neglect” means the failure to provide proper food, potable water, adequate shelter, opportunity for exercise, or other care normal, usual, and proper for an animal’s health and well being.

20. “Owner” means any person owning, keeping, having an interest in, or having control, custody or possession of, an animal.

21. Repealed by Ord. 2003-22.

22. “Pet shop” means a commercial establishment which acquires animals by purchase for the purpose of resale, except farms.

23. “Provocation” means teasing, taunting, striking or other like action, or the unauthorized entry onto the premises where an animal is kept.

24. “Potentially dangerous” means an animal that when unprovoked: (a) chases or approaches a person upon the streets, sidewalks, or any other public grounds in a menacing fashion or apparent attitude of attack; (b) causes injury to or otherwise threatens the safety of a human or domestic animal; or (c) inflicts a bite upon a human or domestic animal either on public or private property.

25. “Public property” shall mean public rights-of-way, property owned by the city of Bainbridge Island, property owned by the Bainbridge Island metropolitan park and recreation district, and property owned by the Bainbridge Island school district.

26. “Secure enclosure” means a chain link enclosure consisting of secure sides and a secure top, or if without a top, having sides which are at least eight feet high, and with a floor permanently attached to the sides, or having sides which are embedded at least one foot into the ground, and which is constructed of such material and closed in such manner that the animal cannot exit on its own. (Ord. 2015-02 §§ 1, 2, 2015; Ord. 2009-21 § 29, 2009: Ord. 2003-24 §§ 18, 19, 2003; Ord. 2003-22 § 9, 2003; Ord. 91-41 § 2, 1991)

6.04.020 Power of deputies and authorized persons.

Whenever a power is granted to or a duty is imposed upon animal control authority or other public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless this chapter expressly provides otherwise. (Ord. 91-41 § 2, 1991)

6.04.030 Running at large.

It is unlawful for the owner of an animal to permit the animal, whether licensed or not, to run at large as defined in BIMC 6.04.010.8. (Ord. 2015-02 § 2, 2015; Ord. 91-41 § 2, 1991)

6.04.040 Animal at large while in heat.

It is unlawful for an owner to allow or permit a female animal, whether licensed or not, to run at large while in heat. An animal at large while in heat is declared to be a nuisance and may be seized and impounded. It is further unlawful for an owner to fail to keep an animal in heat confined within the owner’s residence or within a building that other animals cannot enter. If an animal in heat attracts male animals in a manner which causes a nuisance or disturbance in the neighborhood, the animal’s owner may be required to place the animal in a veterinary hospital or boarding kennel, or to otherwise remove the animal from the neighborhood. It is unlawful for an owner of an animal in heat to fail or refuse to comply with a requirement to remove the animal from the neighborhood. (Ord. 91-41 § 2, 1991)

6.04.050 Declaring an animal as potentially dangerous – Levels of violation.

A. Declaration of an Animal as Potentially Dangerous. The animal control authority has the authority to declare an animal potentially dangerous in any of the levels described as follows:

1. Level 1. An animal is level 1 potentially dangerous when without provocation it chases or approaches a person upon the streets, sidewalks or other public property in a menacing fashion or apparent attitude of attack.

2. Level 2. An animal is level 2 potentially dangerous when it causes injury to or otherwise threatens the safety of a human or domestic animal.

3. Level 3. An animal is level 3 potentially dangerous when it bites a human or domestic animal, either on public or private property.

An animal shall not be declared level 2 or level 3 potentially dangerous if the threat, injury or bite is 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 animal, or was tormenting, abusing, or assaulting the animal or has, in the past, been observed or reported to have tormented, abused or assaulted the animal or was committing or attempting to commit a crime.

B. Restraint of Potentially Dangerous Animal. Potentially dangerous animals shall be restrained in the following manner:

1. A level 1 potentially dangerous animal, whenever outside the owner’s residence and not on a leash, shall be restrained by a physical device or structure that prevents the animal from reaching a public sidewalk, easement, right-of-way, road or adjoining property and must be located where the animal does not interfere with legal access to the owner’s property.

2. A level 2 potentially dangerous animal must comply with the restrictions on a level 1 potentially dangerous animal, and in addition the animal control authority may require the owner to obtain and maintain proof of public liability insurance. The owner may be required to complete a responsible pet ownership program administered by the animal control authority. All costs associated with the program shall be paid by the owner.

3. A level 3 potentially dangerous animal shall be confined within a secure enclosure whenever the animal is not inside the owner’s residence. The secure enclosure must be located where it does not interfere with the public’s legal access to the owner’s property. In addition, the animal control authority may require the owner to obtain and maintain proof of public liability insurance. The owner shall not permit the animal to be outside the secure enclosure or off the owner’s property unless the animal is muzzled and restrained by an adequate leash and under the control of a capable person. In addition, the owner must complete a responsible pet ownership program administered by the animal control authority. All costs associated with the program shall be paid by the owner.

C. Notice. When the animal control authority determines that an animal is potentially dangerous, the animal control authority shall notify the owner in writing that the animal has been declared potentially dangerous. The notice shall contain a description of the animal, the name and address of the animal’s owner, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration, including a statement of the deadline for the appeal.

D. Service of Notice. The animal control authority shall personally serve or mail the written declaration of a potentially dangerous animal to the owner. If the owner is unknown, the animal control authority shall make reasonable efforts to locate and notify the owner of the declaration.

E. Appeal of Declaration to Animal Control Authority. The owner of an animal declared potentially dangerous shall have seven calendar days from receipt of the written declaration to appeal the declaration to the animal control authority. The owner’s appeal must be in writing and must be filed with the animal control authority.

F. Hearing Before Director of Animal Control or Designee. Upon receiving the written notice of appeal, the director of animal control shall promptly schedule an appeal hearing and provide written notice of the hearing to the appellant. At the hearing, the animal control authority shall have the burden of proving that the animal is potentially dangerous by a preponderance of the evidence. The director of animal control shall issue a written decision to the appellant which either sustains or reverses the animal control authority’s declaration. The decision shall be the final decision of the animal control authority. If the declaration is sustained, the appellant shall be notified of the right to an appeal.

G. Appeal of Decision of Director of Animal Control. The owner of an animal declared potentially dangerous may appeal the decision of the director of animal control. A written appeal shall be filed with the clerk of the municipal court within 14 calendar days after the date of the director’s written decision.

H. Court Hearing. Upon receiving a written appeal from the owner of an animal declared potentially dangerous, the clerk of the municipal court shall promptly set a date for hearing the appeal. Written notice of the time, date and place of the hearing shall be delivered or mailed at least ten working days prior to the hearing to the appellant and to the animal control authority.

I. Burden of Proof and Standard of Review. It shall be the appellant’s burden to prove that the decision by the director of animal control that the animal is potentially dangerous is arbitrary and capricious.

J. Court Decision. If the court finds that the decision of the director of animal control is arbitrary and capricious, the declaration shall be rescinded and any restrictions imposed shall be removed. Court costs shall not be assessed against either party. If the court finds that the decision by the director of animal control was not arbitrary and capricious, the court shall award the city its court costs, including attorneys’ fees, and may impose additional restrictions on the animal.

K. Change of Ownership, Custody or Residence. The owners of an animal that has been declared potentially dangerous who sells or otherwise transfers the ownership, custody or residence of the animal, shall within ten working days of the change, inform the animal control authority in writing of the name, address and telephone number of the new owner, the new address where the animal is located and the name, description and license number of the animal. The owner shall notify the new owner in writing of the details of the animal’s record relating to the declaration that the animal is potentially dangerous, and the terms and conditions of the declaration. The owner shall also provide the animal control authority with a copy of the written notification which shall contain a notarized statement by the new owner acknowledging receipt of the notice. (Ord. 91-41 § 2, 1991)

6.04.053 Failure to control an animal declared potentially dangerous – Declaration of an animal as dangerous.

A. Violation. After an animal is declared potentially dangerous pursuant to this chapter, the owner of the potentially dangerous animal shall be guilty of a violation of this chapter if the animal runs at large, chases or approaches a person upon the streets, sidewalks or other public grounds in a menacing fashion or apparent attitude of attack, causes injury to or otherwise threatens the safety of a human or domestic animal, or bites a human or domestic animal. This section shall not preclude criminal prosecution under RCW 16.08.100(3) in a first-bite situation causing severe injury or death to a human.

B. Declaration of an Animal as Dangerous. The animal control authority has the authority to declare an animal dangerous. If the owner of a potentially dangerous animal is found guilty of violating this section, the court shall make a further determination as to whether the animal should be declared dangerous. Pursuant to RCW 16.08.090(3), animals 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 animal, or was tormenting, abusing or assaulting the animal 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.

C. Notice. When the animal control authority determines that an animal is dangerous, the animal control authority shall notify the owner in writing that the animal has been declared dangerous. The notice shall contain a description of the animal, the name and address of the animal’s owner, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the animal as a consequence of the declaration, a statement of the penalties for further violations, and notice of the right to appeal the declaration, including a statement of the deadline for the appeal.

D. Service of Notice. The animal control authority shall personally serve or mail its written declaration of a dangerous animal to the owner. If the owner is unknown, the animal control authority shall make reasonable efforts to locate and notify the owner of the declaration.

E. Appeal of Declaration to Animal Control Authority. The owner of an animal declared dangerous by the animal control authority shall have seven calendar days from receipt of the written declaration to appeal the declaration to the animal control authority. The owner’s appeal must be in writing and must be filed with the animal control authority.

F. Hearing Before Director of Animal Control or Designee. Upon receiving the written notice of appeal, the director of animal control shall promptly schedule an appeal hearing and provide written notice of the hearing to the appellant. At the hearing, the animal control authority shall have the burden of proving that the animal is dangerous by a preponderance of the evidence. The director of animal control shall issue a written decision to the appellant which either sustains or reverses the animal control authority’s declaration. The decision shall be the final decision of the animal control authority. If the declaration is sustained, the appellant shall be notified of the right to an appeal.

G. Appeal of Decision of Director of Animal Control. The owner of an animal declared dangerous may appeal the decision of the director of animal control. A written appeal shall be filed with the clerk of the municipal court within 14 calendar days after the date of the director’s written decision.

H. Court Hearing. Upon receiving a written appeal from the owner of an animal declared dangerous, the clerk of the municipal court shall promptly set a date for hearing the appeal. Written notice of the time, date and place of the hearing shall be delivered or mailed at least ten working days prior to the hearing to the appellant and to the animal control authority.

I. Burden of Proof and Standard of Review. It shall be the appellant’s burden to prove that the decision by the director of animal control that the animal is dangerous is arbitrary and capricious.

J. Court Decision. If the court finds that the decision of the director of animal control is arbitrary and capricious, the declaration shall be rescinded and any restrictions imposed shall be removed. Court costs shall not be assessed against either party. If the court finds that the decision by the director of animal control was not arbitrary and capricious, the court shall award the city its court costs, including attorneys’ fees, and may impose additional restrictions on the animal. (Ord. 91-41 § 2, 1991)

6.04.055 Registration of a dangerous animal.

A. Registration Required. The owner of an animal declared to be dangerous by the animal control authority or by a court shall register the dangerous animal with the city pursuant to RCW 16.08.080 within 30 days of the date the animal is declared dangerous. Thereafter, the owner of the dangerous animal shall register the animal annually before or during the month of July.

B. Registration Expiration. Certificates of registration for dangerous animals shall expire on June 30th of each year.

C. Registration Fee. The annual registration fee for a dangerous animal is $100.00. This registration fee is in addition to regular licensing fees. The initial registration fee shall be prorated according to the number of months remaining in the registration year.

D. Certificate of Registration Application. An application to obtain a certificate of registration of a dangerous animal shall contain the following information:

1. Name, address and telephone number of the applicant owner;

2. Type, name, age, color, sex and distinguishing characteristics of the animal;

3. A diagram to approximate scale, showing the secure enclosure proposed to confine the dangerous animal;

4. Evidence of the posting of the owner’s premises with a clearly visible warning sign that there is a dangerous dog on the property, and a conspicuously displayed sign with a warning symbol that informs children of the presence of a dangerous dog;

5. Pursuant to RCW 16.08.080, sufficient proof of a surety bond issued by a surety qualified under Chapter 48.28 RCW in the amount of at least $50,000; and

6. Sufficient proof of a liability insurance policy in the amount of at least $100,000 insuring the applicant owner for personal injuries inflicted by the dangerous animal.

E. Pre-Certificate On-Site Inspection. An employee of the animal control authority shall make an on-site inspection of the applicant’s site for keeping the dangerous animal to ensure that the site is properly enclosed and posted. The inspection shall occur within 30 days of the animal being declared dangerous.

F. Non-Compliance. In the event the owner of a dangerous animal fails to comply with the requirements of this section or RCW 16.08.080, the animal control authority may take immediate action pursuant to RCW 16.08.100. Rules and regulations for notifying owners of the confiscation of a registered dangerous animal shall be formulated by the animal control authority.

G. Issuance of Certificate of Registration. The city shall issue the certificate of registration, if the registration fee is paid and the application and site inspection show that the applicant meets the requirements of this section and applicable state law. The certificate of registration shall contain its expiration date, and a statement of the applicable state criminal penalties. The certificate of registration shall be prominently displayed by the owner of the dangerous animal in an appropriate location.

H. Annual Inspections. Prior to the renewal of a certificate of registration, the animal control authority shall inspect the premises where the dangerous animal is kept at a time mutually convenient to both the animal control authority and the owner of the dangerous animal. The purpose of the annual inspection shall be to ascertain that the site remains in compliance with this section. The inspection shall occur during the month of June before the expiration of the certificate of registration. Failure of the owner of the dangerous animal to cooperate in the inspection may result in further action pursuant to RCW 16.08.100 and subsection F of this section.

I. Change of Ownership Prohibited. An owner of an animal declared dangerous shall not sell or otherwise transfer the ownership, custody or residence of the animal without first obtaining a written court order authorizing the transfer. An owner or keeper seeking court approval shall notify the animal control authority of its intent. In determining whether to grant or deny approval, the court shall consider the following criteria:

1. The information set forth in subsection D of Section 6.04.055;

2. Any previous violations of this title by the proposed new owner;

3. The facilities proposed to contain the animal at its new site; and

4. The characteristics of the neighborhood surrounding the proposed new owner’s premises, i.e., number of children, schools, day care facilities, etc. (Ord. 91-41 § 2, 1991)

6.04.060 Howling and barking.

It is unlawful for a person to keep or harbor any animal exclusive of livestock and domestic or fancy fowl which habitually howls, yelps, whines, barks, or makes other oral noise in such a manner as to unreasonably disturb others. Any such animal is declared to be a nuisance and may be seized and impounded if the disturbance reoccurs after the animal’s owner has received three warnings within six months from the animal control authority. (Ord. 91-41 § 2, 1991)

6.04.070 Injury to property.

It is unlawful for an animal’s owner to suffer or permit the animal to trespass on property so as to damage or destroy any property or thing of value. Any such animal is declared to be a nuisance and may be seized and impounded. (Ord. 91-41 § 2, 1991)

6.04.075 Removal of fecal matter.

It is unlawful for an owner of an animal to:

A. Fail to remove fecal matter deposited by the animal on public playgrounds, lawn areas and sidewalks, parks or other public property where posted before the owner leaves the immediate area where the fecal matter was deposited; or

B. Fail to possess the equipment necessary to remove animal fecal matter when accompanied by the animal on public property as set forth in subsection A above. (Ord. 91-41 § 2, 1991)

6.04.080 Chasing vehicles or cyclists.

It is unlawful for an owner of a dog to fail to prevent the dog from chasing or jumping on or at vehicles or cyclists lawfully using the public streets, avenues, parks, alleys or ways. Any such dog is declared to be a nuisance and may be seized and impounded. (Ord. 91-41 § 2, 1991)

6.04.090 Jumping and barking at pedestrians or cyclists.

It is unlawful for an owner of a dog to fail to prevent the dog from snarling, growling, snapping at, or threatening any pedestrian or cyclist lawfully upon the public sidewalks, streets, alleys, parks, or public places of the city. Any such dog is declared to be a nuisance and may be seized and impounded. (Ord. 91-41 § 2, 1991)

6.04.100 Animal at large.

Repealed by Ord. 2015-02. (Ord. 91-41 § 2, 1991)

6.04.110 Cruelty – Violations declared unlawful.

It is unlawful for a person to:

A. Willfully and inhumanely injure or kill any animal by any means;

B. Negligently or intentionally cause or fail to alleviate any pain, suffering or injury of any animal;

C. Willfully and maliciously lay out, leave or expose any poison intended for humans, animals or fowl, on any premises, or aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190;

D. Abandon any domestic animal by leaving the animal on the street, road or highway, or in any other public place, or on the private property of another;

E. Confine an animal within a motor vehicle under conditions that may endanger the health or well being of the animals, including but not limited to extreme temperatures, or lack of food, water or attention. Any animal control or police officer is authorized to remove an animal from a motor vehicle, at any location, when the officer reasonably believes the animal is confined in violation of this subsection. An animal so removed shall be delivered to the animal control shelter of the animal control authority. The removing officer shall leave written notice of the removal and delivery, including the officer’s name, in a conspicuous, secure location on or within the vehicle; or

F. Transport an animal in the open bed of a pickup truck; provided, that an owner may transport an animal in the bed of a pickup truck where the animal is in a kennel and the kennel is secured in such a manner so as to prevent injury to the animal pursuant to RCW 46.61.660. (Ord. 91-41 § 2, 1991)

6.04.113 Selling animals from puppy or kitten mills prohibited.

A. Definitions. To supplement the definitions found at BIMC 6.04.010, for the purposes of this section the following words shall have the following meanings unless the context indicates otherwise. If there is a conflict between a definition in this section and a definition in BIMC 6.04.010, the definition in this section shall control for the purposes of this section:

1. “Offer for sale” means to sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of a dog or cat.

2. “Pet shop” means a retail establishment where dogs and cats are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal shelter or animal rescue league, as defined.

B. Restrictions on the Sale of Animals.

1. A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in cooperation with an animal shelter or an animal rescue league.

2. A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.

C. Record Keeping and Disclosure. A pet shop shall maintain records stating the name and address of the animal shelter or animal rescue league that each cat or dog was obtained from for at least two years following the date of acquisition. Such records shall be made available, immediately upon request, to the city or animal control authority. Each pet shop shall display on each cage a label stating the name and address of the animal shelter or animal rescue league of each animal kept in the cage. (Ord. 2017-16 § 1, 2017)

6.04.115 Keeping wild animals prohibited.

Repealed by Ord. 2010-04. (Ord. 94-13 § 1, 1994; Ord. 91-41 § 2, 1991)

6.04.117 Animal advisory committee established.

Repealed by Ord. 2010-04. (Ord. 94-13 § 2, 1994)

6.04.120 Injured or diseased animals.

An animal suffering from serious injury or disease may be humanely destroyed by the impounding authority; provided, that the impounding authority shall immediately notify the owner if the owner is known, and if the owner is unknown, make all reasonable efforts to locate and notify the owner. (Ord. 91-41 § 2, 1991)

6.04.122 Failure to report – When striking an animal with motor vehicle.

A person who strikes a domestic animal, domestic livestock, or deer, while operating a motor vehicle shall stop at once, render reasonable assistance and immediately attempt to report the injury or death to the animal’s owner. If the animal’s owner cannot be ascertained and located, the person shall at once report the accident to the animal control authority or police. This section shall not be construed to require the person striking the animal with a motor vehicle to be financially responsible for any injury to or death of the animal. (Ord. 91-41 § 2, 1991)

6.04.125 Found stray animals.

A. It shall be the duty of a person who takes possession of a stray animal, not owned by the person or not placed into the person’s possession by the person having lawful custody and control thereof, to notify the animal control authority or police at once, and to release the animal to the animal control authority upon demand and without charge.

B. If the animal is released upon demand to the animal control authority and if the animal control authority is able to locate the lawful owner of the animal, then the person who found the animal shall be notified upon request of that fact. If the animal control authority is unable to locate the animal’s lawful owner, then the person who found the animal shall be given the opportunity to adopt the animal, if requested, before the animal may be adopted by another person or euthanized by the animal control authority. (Ord. 91-41 § 2, 1991)

6.04.130 Violation – Abatement.

A. A person violating any provision of this chapter by keeping or maintaining a nuisance as defined in this chapter, in addition to the fine or imprisonment or both provided for by BIMC 6.04.140, shall be ordered by the court to immediately abate and remove such nuisance and if the same is not done by the offender with 24 hours of the order, the nuisance shall be abated and removed under the direction of the officer authorized by the court, which order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action.

B. The person ordered to abate the nuisance shall be liable for all costs and expenses of abating the nuisance when the nuisance is abated by the city, which costs and expenses shall be taxed as a part of the costs of prosecution against the party, to be recovered as other costs are recovered. In all cases where the officer authorized by the court abates a nuisance, the officer shall keep an account of the expenses related to the abatement, and in addition to other authority granted by this chapter to collect such costs and expenses, the city may bring suit for the costs and expenses in any court of competent jurisdiction against the person keeping or maintaining the abated nuisance. (Ord. 91-41 § 2, 1991)

6.04.140 Violation – Penalty.

A. Any person violating Sections 6.04.050, 6.04.053, 6.04.055 or 6.04.110 of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $1000 or by imprisonment for a period not to exceed one year, or by both such fine and imprisonment. For each violation of this chapter of a continuing nature, each day of violation may be considered a separate offense.

B. Any person violating any of the provisions of this chapter, or who creates, keeps or maintains a nuisance as defined in this chapter, is guilty of a civil infraction, and shall upon conviction be fined in an amount not to exceed $300.00; provided, that the violation of Sections 6.04.050, 6.04.053, 6.04.055, and 6.04.110 constitute criminal offenses. (Ord. 91-41 § 2, 1991)