Chapter 6.04REGULATION OF ANIMALS AND FOWL

Sections:

6.04.010
Definitions.
6.04.020
License and registration required.
6.04.030
License and registration for dogs.
6.04.040
Unlawful to keep animals which are offensive, dangerous or which constitute a nuisance.
6.04.050
Limitation on number.
6.04.060
Dogs and cats not to be permitted at large.
6.04.070
Excessive noise by dogs or fowl prohibited.
6.04.080
Manner of keeping animals and fowl.
6.04.081
Grazing animals – Defined.
6.04.082
General space requirements.
6.04.083
Barns, corrals and enclosures.
6.04.084
Animals being driven or ridden.
6.04.085
Abandonment of animals.
6.04.086
Animals in heat.
6.04.087
Animal abuse.
6.04.088
Rabies inoculation.
6.04.089
Cruelty to animals.
6.04.090
Impounding of animals and fowl.
6.04.100
Notice of impounding.
6.04.110
Redemption of impounded animals or fowl.
6.04.120
Destruction or release of unclaimed animals and fowl.
6.04.130
Purchase of unclaimed animals or fowl.
6.04.140
Records to be maintained.
6.04.150
Disposition of dangerous animals or fowl.
6.04.160
Impounding for observation.
6.04.170
Vicious animals or fowl may be destroyed.
6.04.180
Interference with enforcement.
6.04.190
Penalty for violation.
6.04.010Definitions.

For the purpose of this chapter the following words shall have the following meanings:

“Animal” means any and all types of animals, both domesticated and wild, male and female, singular and plural.

“At large” means off the premises of the owner or custodian of the animal or fowl, and not under the physical control of the owner or custodian either by leash, cord, chain or similar restraining device.

“Authorized person” means any police officer or the city pound master, or any other person acting under the order or direction of a police officer or of the city pound master.

“Exotic animal” means any animal that is neither native to the United States nor traditionally raised and tamed by humans.

“Fowl” means any and all fowl, domesticated and wild, male and female, singular and plural.

“Owner or custodian” means any person or persons, firm, association or corporation, owning, keeping, having charge of, harboring or feeding any animal or fowl in the city.

“Person” means any person, firm, partnership, corporation or association.

“Vicious animal or fowl” means any animal or fowl which has evidenced characteristics rendering it reasonably apparent to a prudent person that the animal or fowl is likely to harm persons or other animals.

(Ord. 967 § 1, 1992; Ord. 651 § 1, 1971)

6.04.020License and registration required.

A. All dogs in the city must be licensed and registered if over three months of age. The dog license shall be an annual license which shall expire at midnight on December 31st of each year and shall be issued by the city clerk upon payment of the following license fees:

Neutered Male or Spayed Female

Unneutered or Unspayed Female

First dog

$ 7.50

$10.00

Second dog

10.00

13.00

Third dog and each dog thereafter

27.00

32.00

B. Licenses and tags will be available Mondays through Fridays during normal business hours at the Cle Elum police department. The owner or custodian shall state at the time the application is made for each dog license, upon the form provided for that purpose, the owner’s name and address and the name, breed, color and sex of each dog owned, kept or harbored by him or her; provided, this section shall not apply to dogs brought temporarily into the city for a period not to exceed ten days during any calendar year.

C. All exotic pets kept within the city must be licensed and registered. The exotic pet license shall be an annual license which shall expire at midnight on December 31st of each year. Such license shall be issued by the city clerk upon payment to the clerk of a fee, and upon the satisfactory completion by the owner or keeper of the animal of the registration form provided by the clerk.

(Ord. 1109 § 1, 1999; Ord. 970 § 1, 1992; Ord. 967 § 2, 1992; Ord. 931 § 1, 1991: Ord. 822 § 1, 1984: Ord. 783 § 1, 1981: Ord. 651 § 3, 1971)

6.04.030License and registration for dogs.

A. All dogs within the City of Cle Elum must be licensed and registered if over three months of age. The animal license shall be an annual license that shall expire at midnight on December 31st of each year. Upon payment of the license fee as set forth in Section 6.04.020A., the city shall issue to the owner or the custodian a license fee receipt and a metal tag for each animal so licensed. The license shall be stamped thereon with the city’s name, the current year, and the number corresponding with the number on the issued receipt. Every owner or custodian must provide each dog with a collar to which the license tag must be securely fastened, and must ensure that the collar and tags are worn by the dog at all times. Dog tags are not transferable from one dog to the other. No refund shall be made on any animal license fee as a result of death to the dog or for any other reason.

B. Animal license applications for dogs must include proof of current rabies and distemper immunization.

C. This section shall not apply to dogs brought temporarily into the city.

(Ord. 1342 § 2, 2011)

Editor’s note: Ord. No. 1342, § 1, adopted March 8, 2011, repealed the former § 6.04.030. Section 2 of said ordinance enacted a new § 6.04.030 as set out herein. The former § 6.04.030 pertained to tag and collar and derived from Ord. 822 § 2, adopted 1984; Ord. 651 § 4, adopted 1971.

6.04.040Unlawful to keep animals which are offensive, dangerous or which constitute a nuisance.

It is unlawful for any person, firm or corporation to keep or allow to be kept, within the city, any animal or fowl that is bothersome, dangerous, noisome or offensive to the adjacent property owner(s), or which animal constitutes a nuisance, which determination shall be made by the city council after a written complaint is received by the city council and a hearing on the complaint is held by the city council.

(Ord. 967 § 3, 1992: Ord. 651 § 5, 1971)

6.04.050Limitation on number.

The raising, keeping, breeding or boarding of small animals are subject to the following requirements:

A. Small animals that are kept as household pets in a dwelling unit in aquariums, terrariums, cages or similar containers shall not be limited in number unless such animals constitute a nuisance.

B. Other small animals kept as household pets in a dwelling unit shall be limited to four of any one kind.

C. The number of small animals kept outside a dwelling unit shall be limited as follows:

1. On sites of less than twenty thousand square feet, three per dwelling unit;

2. On sites of between twenty thousand and thirty-five thousand square feet, five per dwelling unit; and

3. On sites greater than thirty-five thousand square feet, one additional small animal per dwelling unit for each one-half acre of site area over thirty-five thousand square feet up to a maximum of twenty.

D. For the purposes of this section, the following definitions shall apply:

1. “Household pets” means small animals that are kept within a dwelling unit.

2. “Small animal” means any animal other than livestock or animals considered to be predatory or wild which are kept outside a dwelling unit all or part of the time. Animals considered predatory or wild, excluding those in zoo animal breeding facilities, shall be considered small animals when they are taken into captivity for the purposes of breeding, domestication, training, hunting or exhibition.

E. If more than one dwelling unit exists on a lot or parcel then, for the purposes of this section, the limitations as set forth above shall apply to each lot or parcel and not to each dwelling unit.

(Ord. 1452 § 1, 2016: Ord. 822 § 3, 1984: Ord. 651 § 6, 1971)

6.04.060Dogs and cats not to be permitted at large.

No owner or custodian of any dog or cat shall permit the same to go at large. A dog or cat is considered at large when it is free of restraint or confinement, without leash, and without a person to control the animal. A dog or cat shall not be “at large” if it remains on the owner’s premises. A violation of this section is declared to be a nuisance and dangerous to the public health, safety and welfare.

(Ord. 1342 § 2, 2011: Ord. 651 § 2, 1971)

6.04.070Excessive noise by dogs or fowl prohibited.

No owner or custodian of any dog or fowl shall permit the same to remain outside of the dwelling of such owner or custodian or outside of the closed building where the dog or fowl is kept while any such dog or fowl is kept while any such dog or fowl is causing excessive or frequent noises which disturb, or is likely to disturb, the comfort or repose of other persons in the neighborhood. A violation of this section is declared to be a public nuisance and adverse to the public health and welfare.

(Ord. 1342 § 3, 2011; Ord. 651 § 7, 1971)

6.04.080Manner of keeping animals and fowl.

No owner or custodian of any animal or fowl shall keep or harbor or maintain any such animal or fowl, or maintain any place in which such animal or fowl is kept, in such manner as to be filthy or unsanitary. Violation of this section is declared to be a public nuisance and adverse to the public health, safety and welfare.

(Ord. 651 § 8, 1971)

6.04.081Grazing animals – Defined.

A. Grazing Animals Defined. A grazing animal is considered to be one horse, one cow, one mule, four sheep, two burros, four goats or two llamas.

B. Such animals are to be kept within proper space and properly constructed fences. Animals raised for commercial purposes are considered a business and business licenses are required.

(Ord. 887 § 1 (part), 1989)

6.04.082General space requirements.

With respects to each grazing animal to be kept within the city the owner or keeper thereof must provide a minimum of ten thousand square feet of grazing area for each grazing animal.

(Ord. 887 § 1 (part), 1989)

6.04.083Barns, corrals and enclosures.

No person shall keep, use or maintain any livestock barn, corral or enclosure which is located closer than one hundred feet to any neighboring residence or other inhabited building within the city.

(Ord. 887 § 1 (part), 1989)

6.04.084Animals being driven or ridden.

No person shall ride or drive any horse, mare, mule, burro or any other beast of burden of any description in or upon any of the streets or public places within the city faster than an ordinary walking gait; nor ride any of said animals across or onto any sidewalk, parking strip, tavern or other commercial building.

(Ord. 887 § 1 (part), 1989)

6.04.085Abandonment of animals.

It is unlawful for any person to abandon within the city any domestic animal by dropping off or leaving such animal on any street, road, alley, highway or by dropping off or leaving such animal on the street, road, alley, highway or any other public place or upon private property without the consent of such private property owner. An animal is abandoned when left in any such place without any provision made for the care and feeding of such animal by its owner or keeper.

(Ord. 887 § 1 (part), 1989)

6.04.086Animals in heat.

Every female dog or cat in heat shall be confined in a building or secure enclosure, in such manner that such female dog or cat cannot come into contact with another animal except for planned breeding.

(Ord. 887 § 1 (part), 1989)

6.04.087Animal abuse.

No person shall beat, cruelly treat, torment, overload, overwork or otherwise abuse an animal or cause, instigate or permit any dog fight, cock fight, bull fight or other combat between animals or between animals and humans.

(Ord. 887 § 1 (part), 1989)

6.04.088Rabies inoculation.

All dogs licensed within the city shall at all times wear a rabies tag evidencing current rabies inoculation.

(Ord. 887 § 1 (part), 1989)

6.04.089Cruelty to animals.

A. Injuring Animal with Vehicle. No person shall willfully injure, beat, abuse or run down any animal with a vehicle. Any person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable, shall make reasonable efforts to locate and identify himself to the owner or to any person having custody of the animal and shall report the accident immediately to the department of public safety or animal control officer.

B. Feeding and Care of Animals. It is unlawful for any person to keep or harbor an animal within the city without providing a suitable amount of wholesome food and clean water for the nutrition and comfort thereof, and without providing a clean sleeping area, or to leave the premises upon which the animal is confined or to which it customarily returns for more than 24 hours without providing for the feeding and care of such animal in the absence of the person.

C. Poisoning of Animals. It is unlawful for any person to willfully or maliciously poison any domestic animal or bird or to lay out or expose any kind of poison or to leave exposed any poisoned food or drink for man, animal or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled any kind of poison or poisonous or deadly substance, or fluid whatever, on any premises or in any unenclosed place, or to aid or abet any person in doing so; except, that the provisions of this section shall not apply to the killing by poison of any animal or bird in a lawful and humane manner by the owner thereof or by a duly authorized servant or agent of such owner, or by the owner, or by a person acting pursuant to instructions from a duly constituted public authority, in accordance with the exceptions provided in RCW Chapter 16.52.190.

D. Injury to Animal – Neglect of Injured Animal. It is unlawful for any person to:

1. Willfully and cruelly injure or kill any animal by any means causing it fright or pain;

2. By reason of neglect or intent, to cause or allow any animal to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury such person has caused to any animal; or

3. Maintain any place where fowl or any animals are suffered to fight upon exhibition or for sport upon any wager.

E. Criminal Penalty. Any person and any owner or custodian found to have violated this Section shall be shall be guilty of a misdemeanor, punishable by not more than 90 days in jail and a fine of not more than $500.00.

(Ord. 1342 § 4, 2011; Ord. 887 § 1 (part), 1989)

6.04.090Impounding of animals and fowl.

For any violation of this chapter, any authorized person may impound any such offending animal or fowl in the city animal shelter, or, if he deems it necessary, in a suitable private animal shelter.

(Ord. 651 § 9, 1971)

6.04.100Notice of impounding.

Not later than two days after the impounding of any animal or fowl under the provisions of this chapter, the city police department or city poundmaster shall notify the owner or custodian, if known, either in person or by first-class United States mail, of the impounding, describing the animal or fowl, and the place and time of taking and advising where the animal is held. If the owner or custodian is unknown a written notice shall be posted for not less than five calendar days on the east door of the City Hall (main entrance). The notice shall also advise that unless the animal is redeemed within five days after date of service or posting of notice, the animal may be sold or destroyed.

(Ord. 822 § 4, 1984: Ord. 651 § 10, 1971)

6.04.110Redemption of impounded animals or fowl.

A. The owner or lawful custodian of any animal or fowl impounded under the provisions of this chapter may reclaim such animal within five days after the personal service, mailing, or date of posting of notices above provided; provided, however, the animal or fowl shall be released to the owner or custodian only upon payment of the annual fees for such animal if not paid, and all of the costs and charges incurred by the city for impounding and maintenance of the animal or fowl. These charges shall be paid to the city clerk and shall consist of the following:

1. For each impounding or capturing of any animal or fowl, $10.00;

2. For food and care, $5.00 per day per animal or fowl.

B. Any owner of an animal or fowl being impounded, not wishing to reclaim the animal or fowl or pay the charges for the animal, may sign a form “release of ownership,” giving the city the right to find the animal or fowl a new owner or in the event a new owner cannot be found, the right to destroy the animal or fowl. A fee of $10.00 payable to the city shall accompany each certificate.

(Ord. 822 § 5, 1984: Ord. 718 § 2, 1977: Ord. 651 § 11, 1971)

6.04.120Destruction or release of unclaimed animals and fowl.

All animals and fowl impounded under the provisions of this chapter, if unclaimed, shall be retained in the animal shelter for a minimum period of five days. If at the expiration of five days from date of notice to owner or the date of posting of notice or mailing of notice, the animal or fowl has not been reclaimed, it may be destroyed; or, except in the case of vicious animals or fowl, it may be released to any person, upon such person obtaining a license as provided in this chapter and paying a $10.00 new owner’s fee.

(Ord. 822 § 6, 1984: Ord. 651 § 12, 1971)

6.04.130Purchase of unclaimed animals or fowl.

In the event any animal or fowl is released to any person other than the owner or lawful custodian pursuant to and in accordance with the provisions of Section 6.04.120, such person to whom the animal or fowl is so released shall be deemed a purchaser of the same from the city. The purchaser shall receive from the city clerk a certificate of purchase, and the certificate shall be conclusive evidence of the vesting of complete title to such animal or fowl in the purchaser and of the termination of all interest and rights of the former owner in and to the animal or fowl.

(Ord. 651 § 13, 1971)

6.04.140Records to be maintained.

The police department shall prepare in duplicate a detailed record of each animal or fowl impounded showing the time and place of taking, a description of the animal or fowl, the name and address of the person to whom released, date of release or other disposition of the animal or fowl. The original copy of this record shall be filed with and maintained in the records of the police department and shall be available to the public for inspection, and one copy thereof shall be filed and maintained in the records of the city clerk.

(Ord. 822 § 7, 1984: Ord. 651 § 14, 1971)

6.04.150Disposition of dangerous animals or fowl.

Whenever it reasonably appears to an authorized person attempting to impound an animal or fowl under the provisions of this chapter that the animal or fowl is dangerous to the public, if capture cannot be effected safely and promptly, said person is authorized to destroy the animal or fowl forthwith.

(Ord. 651 § 15, 1971)

6.04.160Impounding for observation.

Any authorized person, upon receiving notice that any animal or fowl has bitten any person or has acted in such manner as to indicate that it has rabies or other similar dangerous disease, is authorized to detain such animal or fowl after its identification by the victim or a witness, and the animal or fowl shall be held under observation and for examination by a veterinarian for a period of not less than ten days. The owner or custodian of such animal or fowl will be required to produce proof of rabies immunization. If no owner is located, the city will hold the animal or fowl for ten days, and if the animal is not redeemed by the owner or custodian, it may be sold or destroyed as otherwise provided in this chapter. The owner or custodian of the animal or fowl shall be liable for all medical costs incurred by any person as a result of such animal’s behavior, and shall also pay all veterinarian’s fees and costs of impoundment and care as provided in this chapter before such animal may be redeemed.

(Ord. 822 § 8, 1984: Ord. 651 § 16, 1971)

6.04.170Vicious animals or fowl may be destroyed.

Any vicious animal or fowl impounded under the provisions of this chapter and remaining unredeemed after notice has been given as provided in this chapter, or any animal or fowl which has bitten any person and after examination by a qualified veterinarian has been determined by him to have rabies or other disease rendering the animal dangerous to persons, may be destroyed by any authorized person.

(Ord. 651 § 17, 1971)

6.04.180Interference with enforcement.

It is unlawful for any person, firm, organization or corporation to interfere with, hinder, delay or impede any authorized person in the enforcement of the provisions of this chapter.

(Ord. 651 § 18, 1971)

6.04.190Penalty for violation.

A. Civil Penalties – First and Second Violations. Any person and any owner or custodian violating any provisions of this chapter (with the exception of Section 6.04.089) shall incur a fine in the amount of $50.00 for a first violation, and a fine in the amount of $100.00 for a second violation within the twelve consecutive month period following the date on which the first violation was found to be committed.

B. Criminal Penalties – Third and Subsequent Violations. A third violation of any provision of this chapter (with the exception of Section 6.04.089) within the 12-consecutive month period following the date on which the first violation was found to be committed shall be a misdemeanor, punishable by not more than 90 days in jail and a fine of not more than $500.00. A fourth violation of any provision of this chapter (with the exception of CEMC 6.04.089) within the 12-consecutive month period following the date on which the first violation was found to be committed shall be a gross misdemeanor, punishable by not more than one year in jail and a fine of not more than $5,000.00. A fifth or subsequent violation of any provision of this chapter (with the exception of Section 6.04.089) shall be a gross misdemeanor, regardless of the passage of time from the date on which the first violation was found to be committed, punishable by not more than one year in jail and a fine of not more than $5,000.00.