Chapter 8.08
DOGS, CATS AND HOUSEHOLD PETS*

Sections:

8.08.010    Definition of terms.

8.08.020    Vicious or dangerous animals and dogs—Harboring prohibited—Exceptions.

8.08.030    Dogs, cats and other animals injuring private and public property.

8.08.050    Dog control—Dog leashes required.

8.08.060    Notice of impounding.

8.08.070    Redemption of impounded animals.

8.08.080    Disposition of unclaimed animals.

8.08.090    Destruction of animals.

8.08.100    Interference with impoundment.

8.08.110    Confinement.

8.08.120    Acts prohibited.

8.08.130    Duties upon injury or death to animals.

8.08.140    License required.

8.08.150    Affixing license tags.

8.08.160    Duplicate license tags.

8.08.170    License tags not transferable.

8.08.175    Number of dogs per family.

8.08.180    Commercial kennel license.

8.08.190    Kennels—Dog licensing and vaccination requirements.

8.08.200    Dog bites—Impounding.

8.08.210    Health officer to quarantine.

8.08.220    Notice of quarantine.

8.08.230    Wild or vicious animal or reptile or dangerous dog—Permit required—Requirements.

8.08.240    Additional charges—Dangerous animals.

8.08.250    Validity.

8.08.260    Animals disturbing the peace.

8.08.270    Responsibility of owner.

8.08.280    Penalty provision.

8.08.290    Exceptions to provisions.

*    Prior ordinance history: Ords. 232, 234, 312, 375 and 397.

8.08.010 Definition of terms.

As used in this chapter, unless the context indicates otherwise:

(1)    “Animal” includes, but is not limited to, dogs and cats.

(2)    “Animal control officer” means and includes the chief of police of the city and any police officer or other agent or agency designated; by the chief of police or by contract to perform all or any part of the functions of animal control officer.

(3)    “At large” means off the premises of the owner. An animal is not at large if:

(A)    It is 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)    It is restrained within a motor vehicle or housed in a veterinary hospital; or

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

(4)    “Commercial kennel” means any lot, premises, building or structure where a total of three or more dogs and/or cats over six months of age are kept, whether as household pets, for breeding purposes, or commercially, except when established in conjunction with a hospital or clinic for animals.

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

(6)    “Dangerous dog” means any dog that according to the records of the animal control officer, police or other appropriate authority:

(A)    Has inflicted severe injury on a human without provocation; 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 aggressively bites, attacks or endangers the safety of humans or domestic animals. Pit bulls, specifically, are included in this definition.

(7)    “Family” means one or more persons occupying premises and living as a single housekeeping unit.

(8)    “Health officer” includes any person designated as such by the Benton-Franklin Health District, or any other person designated as such by the city council or any agent of such person.

(9)    “Household pets” means dogs, cats, rabbits, pigeons, chickens, ducks, mice, hamsters, gerbils, parakeets, canaries, finches and other similar exotic fowl and song birds, reptiles, amphibians, fish and other similar animals kept for companionship or for personal enjoyment.

(10)    “Owner” means any person owning, keeping or harboring an animal.

(11)    “Person” includes any person, firm, partnership, corporation, trust or association or groups of persons.

(12)    “Potentially dangerous dog” means any dog that when unprovoked:

(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 street, sidewalk or any public ground in a menacing or apparent attitude of attack; or

(C)    Has a known propensity, tendency or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of humans or domestic animals.

(13)    “Proper enclosure” means secured confinement indoors or in a securely enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such structure must have secure sides and a secure top and shall also provide protection from the elements for the animal.

(14)    “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

(15)    All other words and phrases herein will have their commonly accepted meanings. (Ord. 542 § 1 (part), 1988).

8.08.020 Vicious or dangerous animals and dogs—Harboring prohibited—Exceptions.

(a)    Except for dogs used by law enforcement officials for police work, it is unlawful for any person to keep, harbor or maintain on or off his premises, in a manner endangering or likely to endanger or which may endanger the safety of persons, property or other animals, or to allow to run at large within the city, any vicious, menacing or dangerous animal or dangerous dog or potentially dangerous dog or other animal with vicious propensities.

(b)    Any such animal other than a dangerous dog shall be deemed a nuisance and shall be seized and impounded by the animal control officer. Any animal so impounded shall not be released or redeemed from impoundment except pursuant to court order entered after due notice and hearing. Upon such hearing, the court may determine whether or not said animal is a vicious or dangerous animal and whether or not said animal shall be humanely destroyed or otherwise disposed of.

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

(d)    Any dangerous dog shall be immediately confiscated by an animal control authority if the:

(1)    Dog is not validly registered; or

(2)    Owner does not secure the liability insurance coverage required under Section 8.08.230 of this chapter; or

(3)    Dog is not maintained in the proper enclosure; or

(4)    Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of a responsible person as set forth in subsection (c) of this section.

Any dangerous dog so confiscated shall not be released or redeemed from impoundment except pursuant to court order entered after due notice and hearing. Upon such hearing the court may determine whether or not said animal is a dangerous dog and whether or not said animal shall be humanely destroyed or otherwise disposed of.

(e)    Upon the trial of any person charged with a violation of this section and unless an earlier determination has been made and an order entered by the court as provided in subsection (b) of this section, the court as a part of such trial shall determine whether or not said animal is a vicious or dangerous animal, or dangerous or potentially dangerous dog and whether or not said animal shall be humanely destroyed or otherwise disposed of.

(f)    The court, after a hearing as provided in subsections (b) and (d) of this section, shall have the power to order the humane destruction or other disposal of a vicious or dangerous animal or dangerous or potentially dangerous dog and the cost thereof shall be taxed as part of and collected in the same manner as other costs in the case. In the event the court determines that the animal is not vicious or dangerous, or a dangerous or potentially dangerous dog and the animal has been impounded, the court shall order the release of the animal to the owner, provided the owner pays the impoundment and boarding fees and in the event the owner refuses to pay said impoundment and boarding fees within three days of the court’s determination to release said animal, the animal shall be humanely destroyed.

(g)    Any violation of this section shall be deemed to be a gross misdemeanor and for each conviction there shall be assessed a fine of not to exceed five thousand dollars or imprisonment for not more than one year, or both such fine and imprisonment. (Ord. 542 § 1 (part), 1988).

8.08.030 Dogs, cats and other animals injuring private and public property.

It is unlawful for any owner to suffer or permit any dog, cat or other animal to trespass on private or public property as to damage or destroy any property or thing of value, or to deposit fecal matter on any property not that of his owner and the same is a nuisance and any such dog, cat or other animal shall be seized and impounded. (Ord. 542 § 1 (part), 1988).

8.08.050 Dog control—Dog leashes required.

It is unlawful for any owner to cause, permit or allow any dog owned, harbored, controlled or kept by him in the city to roam, run at large or stray away from the premises when the same is owned, harbored, controlled or kept, except that while away from such premises, such dog shall at all times be controlled by means of a leash not exceeding eight feet in length by the owner or some duly authorized and competent person; provided, however, that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. This section shall not apply to dogs which are in special areas which may be designated by the city as dog training areas, so long as the regulations of the city with respect to the use of such areas are complied with and the dogs are under the custody and control of a competent trainer. (Ord. 542 § 1 (part), 1988).

8.08.060 Notice of impounding.

Upon seizing and impounding of any animal, the animal control officer shall give notice of such impounding in substantially the following manner:

(1)    If the identity of the owner is known to or can readily be determined by the animal control officer, then as soon as reasonably practicable after the animal is impounded, the animal-control officer shall notify the owner by telephone or otherwise that the animal has been impounded and, if subject to redemption, may be redeemed as provided in this section.

(2)    If the owner of an animal subject to redemption is known to the animal control officer, but cannot be notified under the provisions of subsection (1) of this section, or if their owner is so notified and does not appear to redeem his animal within twenty-four hours of the time of impounding, then the animal control officer shall send by certified mail, a notice in substantially the following form:

“NOTICE OF IMPOUNDING” DATE:

TO WHOM IT MAY CONCERN:

I HAVE THIS DATE SEIZED AND IMPOUNDED AN ANIMAL DESCRIBED AS FOLLOWS:

DOG ( ) CAT ( ) OTHER ( )

SEX BREED

APPROXIMATE AGE COLOR

OTHER IDENTIFICATION

NAME OF OWNER

NOTICE IS HEREBY GIVEN THAT UNLESS SAID ANIMAL IS CLAIMED AND REDEEMED ON OR BEFORE

(A.M.) (P.M.) ON THE DAY OF

19 , THE SAME WILL BE SOLD OR DESTROYED AS PROVIDED BY ORDINANCE.

SIGNED

ANIMAL CONTROL OFFICER

(3)    In all cases, whether the identity of the owner is known or unknown, the animal control officer shall post the notice of impoundment provided for in subsection (2) of this section, on the public bulletin board in the city post office and on the public bulletin board in City Hall at least seventy-two hours, excluding Saturdays, Sundays and legal holidays, prior to the animal’s destruction. (Ord. 542 § 1 (part), 1988).

8.08.070 Redemption of impounded animals.

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, by payment to the animal control officer, or the city clerk/treasurer, of an impounding fee of twenty dollars; provided, however, that in the event the animal has previously been impounded during the preceding twelve months, the impounding fee shall be forty dollars. In addition, the owner must pay to the animal control officer or city clerk/treasurer, a boarding fee of three dollars per day for each calendar day or portion thereof that the animal has been confined. If the animal has no valid license tag and one is required, the owner shall also obtain a license tag for the current year or a duplicate tag in accordance with the provisions of this chapter. If a dog is unlicensed, proof of a current rabies vaccination must be produced.

Upon receiving payment of all fees due, the animal control officer shall execute a receipt in duplicate therefor. The original shall be delivered to the person redeeming the animal and a copy, upon which such person shall acknowledge delivery of the animal, shall be retained by the animal control officer. (Ord. 542 § 1 (part), 1988).

8.08.080 Disposition of unclaimed animals.

Unless specific provisions of this chapter require impounding for a longer period of time, if an impounded animal is not claimed and redeemed within seventy-two hours, excluding weekends and legal holidays, then it may be sold by the animal control officer or humanely destroyed, at the discretion of the animal control officer. (Ord. 542 § 1 (part), 1988).

8.08.090 Destruction of animals.

In the event of an emergency endangering the health or safety of any person, where seizure and impoundment is deemed inadvisable or impractical or for humane consideration, the animal control officer, or any police officer, at his discretion may summarily destroy the animal involved. (Ord. 542 § 1 (part), 1988).

8.08.100 Interference with impoundment.

It is unlawful for any person to break open or attempt to break open any place, building or enclosure where animals impounded under this chapter are kept; or, except as authorized by the animal control officer, to take or let out animals therefrom, or to take or attempt to take from any animal control officer any animal seized by him in compliance with this chapter, or in any manner to interfere with or hinder such an officer in the discharge of his duties under this chapter. (Ord. 542 § 1 (part), 1988).

8.08.110 Confinement.

(a)    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.

(b)    Dogs or cats kept outdoors for more than six hours at one time must be provided with a moisture-proof and wind-proof shelter of a size which allows the animal to turn around freely and to easily sit, stand and lie in a normal position and which will keep the animal clean, dry and comfortable. (Ord. 542 § 1 (part), 1988).

8.08.120 Acts prohibited.

(a)    It is unlawful for any person, except the owner of a dog or his authorized agent, to open any door or gate on any private premises or to unleash any dog for the purpose of enticing or enabling any dog to leave such private premises and be at large.

(b)    It is unlawful for any person to molest, provoke or mistreat any animal while the animal is confined on its owner’s premises.

(c)    It is unlawful for any person to injure, torture, torment, mutilate or deprive of food or water, or to overdrive, overload, overwork or work when disabled, or to beat, mutilate or kill any animal, or procure any animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of food or water, beaten or killed.

(d)    It is unlawful for any person to kill, maim or disfigure any animal, maliciously administer poison to any animal, or to expose any poisonous substance with the intent that the same should be taken by such animal, or to knowingly commit any other act or omission by which any pain, distress, suffering or death is caused or permitted to any animal or animals.

(e)    It is unlawful for any person to abandon any domestic animal by dropping off or leaving such animal on a street, road or highway, or in any other place or on the property of another.

(f)    Any violation of this section shall be a misdemeanor; provided, that nothing in this section shall apply to the destruction of any animal in a humane manner and for a lawful purpose by a police officer, humane society official or employee, animal control officer or employee, licensed veterinarian, the owner of such animal, or a person authorized by the owner to destroy such animal. Every person convicted of a violation of this section shall be punished by a fine not to exceed five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 542 § 1 (part), 1988).

8.08.130 Duties upon injury or death to animals.

Every person operating or driving a vehicle involved in an accident resulting in an injury or death to an animal shall report the same immediately to the animal control officer by telephone and shall report the same in writing within twenty-four hours after the occurrence of such accident, to the animal control officer giving the relevant information concerning the accident. (Ord. 542 § 1 (part), 1988).

8.08.140 License required.

(a)    Except as provided in Section 8.08.200, it is unlawful for any person to own, possess, keep or harbor any dog over seven months of age within the city unless such dog is licensed and a license tag attached as provided in this chapter.

(b)    Licenses shall be caused to be issued annually by the city clerk/treasurer upon payment of the required city license fee after the first day of January of each year and shall be valid until the last day of the next succeeding January.

(c)    Before a license is issued for any dog, the owner must present a certificate that the dog has been vaccinated against rabies. Such certificate of vaccination shall be signed by a licensed veterinarian and shall show that the vaccination does not expire within six months from the effective date of the license.

(d)    As proof that a dog or cat has been neutered or spayed, the license applicant shall present a certificate from a licensed veterinarian to that effect.

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

(1)    Male or female dog not neutered or spayed- seven dollars and fifty cents;

(2)    Neutered male or spayed female-five dollars; (3) Guide dogs trained or which are being raised for training as guide dogs to assist blind person-no fee. The applicant for such no fee license shall supply the registration number of the dog(s) as issued by guide dogs for the blind to qualify for this fee exempt license; and

(4)    Dogs owned by poor and infirm persons-fifty cents where the applicant is the head of the household and over sixty-five years of age and only one dog is owned in the household or dwelling unit.

(f)    If application for a dog license is made on or after the first day of February, and:

(1)    More than thirty days from the date of acquisition of a dog over seven months of age; or

(2) More than thirty days after the applicant has dog has attained the age of seven months; or

(3)    More than thirty days after the applicant has established residency in the city;

The applicant shall pay in addition to the license fee prescribed by this section, a penalty of ten dollars.

(g)    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 thirty days. (Ord. 542 § 1 (part), 1988).

8.08.150 Affixing license tags.

The owner shall cause a valid license tag to be securely affixed to the collar of the dog 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 dog at all times. (Ord. 542 § 1 (part), 1988).

8.08.160 Duplicate license tags.

In the event any license tag is lost, a duplicate shall be caused to be issued by the city clerk upon presentation of the original license receipt and upon payment of a fee of fifty cents. (Ord. 542 § 1 (part), 1988).

8.08.170 License tags not transferable.

License tags shall not be transferable. No refund shall be made of any dog license fee for any reason. (Ord. 542 § 1 (part), 1988).

8.08.175 Number of dogs per family.

No family shall own, possess, keep or harbor more than two dogs over the age of six months without obtaining a valid commercial kennel license. Except that any family possessing or keeping more than two licensed dogs over the age of six months at the time of adoption of the ordinance codified in this chapter may maintain that same amount of dogs and are exempt from this section; provided, that the same number or population shall not increase and that in the event that same number or population decreases it shall remain at the decreased number or population and shall not increase. The city council may approve a variance to allow more than two dogs over the age of six months for any one family without a commercial kennel license as deemed appropriate in special circumstances. (Ord. 542 § 1 (part), 1988).

8.08.180 Commercial kennel license.

No person shall maintain a commercial kennel within the city without having a valid license therefor posted in plain view on the premises. The city clerk/treasurer shall cause to be issued and annually renewed, a commercial kennel license upon the payment of a fee of fifty dollars on or before the last day of April of each year. No license shall be issued for a commercial kennel located or operated in violation of any zoning regulation or laws. (Ord. 542 § 1 (part), 1988).

8.08.190 Kennels—Dog licensing and vaccination requirements.

(a)    Any dog kept in a licensed kennel need not be individually licensed; provided, that at all times when not securely confined in the kennel, the dog is kept on a suitable leash.

(b)    A kennel licensee shall cause all dogs over six months of age kept in that kennel to be vaccinated against rabies. Any dog for which evidence of such vaccination cannot be produced shall be impounded. (Ord. 542 § 1 (part), 1988).

8.08.200 Dog bites—Impounding.

(a)    Every dog bite shall be reported to the public health officer, who shall investigate the case and may order the offending dog to be impounded at any time during the fourteen days next following the date of the bite. If the dog is impounded and after fourteen days next following the date of the bite no rabies are present or suspected, then the dog may be released to the owner upon payment of the impounding fees and boarding fees, any license due, and compliance with the rabies vaccination provisions of this chapter. If rabies are present or suspected by the health officer, the dog shall be destroyed and the head preserved for laboratory confirmation of the diagnosis by the public health officer.

(b)    If the health officer orders a dog impounded at any time during the fourteen days next following the date of the bite, the owner of the dog may request the impounding to be at a licensed veterinarian’s establishment at his own expense. (Ord. 542 § 1 (part), 1988).

8.08.210 Health officer to quarantine.

(a)    It is a necessary health measure to prevent the spread of rabies.

(b)    It shall be the duty of the health officer to cause to be quarantined any dog or cat within the city, which he has grounds to suspect of being infected with the disease of rabies. The biting of a human being by a dog or cat is specifically declared to be grounds for suspecting any animal to be so infected. (Ord. 542 § 1 (part), 1988).

8.08.220 Notice of quarantine.

(a)    Any such quarantine shall be initiated by delivering to the owner or keeper of any such animal, a written notice of such quarantine which shall prescribe the duration of the same; provided, that the period of quarantine shall not exceed fourteen days unless it is determined that the existence of such disease is present. The delivery of the notice of quarantine to an adult residing upon the premises where such animal is kept shall be considered as delivery of the notice to the owner or keeper. Any such animal so quarantined shall be impounded; provided, that in the discretion of the health officer, the animal may be quarantined upon the premises of the owner or any other person during such time so long as the provisions of the quarantine are strictly kept.

(b)    During any period of any quarantine made under the provisions of this chapter, the owner or keeper of any animal(s) so quarantined shall not allow such animal to come in contact with any other animal or person or permit such animal to run at large on any street or public place in the city or upon the premises where quarantined unless the premises is enclosed by a secure fence, nor shall such owner or keeper remove or cause such animal to be removed from the premises without consent of the health officer. These restrictions shall continue until the animal has been released from quarantine. Any animal found running at large as defined in Section 8.08.010(3) or which has been removed from the premises upon which quarantined, shall be impounded and unless claimed and redeemed by its owner within two days after the expiration of quarantine period, may be destroyed by the proper authorities. (Ord. 542 § 1 (part), 1988).

8.08.230 Wild or vicious animal or reptile or dangerous dog—Permit required—Requirements.

(a)    The city shall issue a certificate of registration to the owner of a dangerous dog if the owner thereof presents to the animal control officer of the city sufficient evidence of:

(1)    A proper enclosure to confine the dangerous dog and the posting of the premises with a warning sign clearly visible from the roadway 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; and

(2)    A surety bond issued by a surety insurer qualified under RCW Chapter 42.48 in a form acceptable to the animal control officer in the sum of at least fifty thousand dollars, payable to any person injured by the vicious dog; or

(3)    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 fifty thousand dollars, insuring the owner for any personal injuries inflicted by a dangerous dog.

(b)    No person shall have, keep or maintain, or have in his possession or under his control within any area of the city, which is 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; provided, however, that in those areas zoned other than residential such animals may be permitted on the condition that a permit is obtained from the animal control officer or his duly authorized representative. Such permits shall only be granted upon the applicant showing that adequate safeguards have been instituted and will be maintained which will effectively control the dangerous or vicious propensities of such animal or reptile, eliminating any danger to individuals or property and providing that the keeping or maintaining of any such animal will in no way constitute a nuisance to the occupants of any surrounding property.

The applicant for such a permit shall post a surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the animal control officer in the sum of at least fifty thousand dollars, payable to any person injured by the vicious animal or provide a policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in an amount of at least fifty thousand dollars, insuring the owner for any personal injuries inflicted by the vicious animal prior to the issuance of a permit.

The applicant for such a permit shall pay to the city a fee calculated at the rate of twenty-five dollars per hour for each hour of time the animal control officer or his duly authorized representative spends in conducting an investigation to determine whether the safeguards are adequate and will be maintained and whether there will be effective control of the animal; provided, however, in no event shall the fee be less than one hundred dollars. (Ord. 542 § 1 (part), 1988).

8.08.240 Additional charges—Dangerous animals.

In addition to any other license fees or charges, the owner of a vicious animal or dangerous or potentially dangerous dog for which a permit is issued under Section 8.08.230, shall pay an additional license fee of two hundred fifty dollars per year. (Ord. 542 § 1 (part), 1988).

8.08.250 Validity.

It is the intention of the city council that each separate provision of this chapter shall be deemed independent of all other provisions herein 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. 542 § 1, 1988).

8.08.260 Animals disturbing the peace.

It is unlawful for any person owning or harboring an animal to allow or permit such animal to cause serious or habitual disturbance or annoyance by frequent or habitual howling, yelping, barking or otherwise noisome conduct, which shall annoy, injure or endanger the safety, health, comfort or repose of two or more individuals, not members of the same household. (Ord. 542 § 1 (part), 1988).

8.08.270 Responsibility of owner.

Nothing contained in this chapter shall relieve the owner or owners of any animal from responsibility for any damage committed by such animal, as provided by law and sections of this chapter. (Ord. 542 § 1 (part), 1988).

8.08.280 Penalty provision.

(a)    Except for the acts specified in Section 8.08.130 and Section 8.08.020, the failure to perform an act required, or the performance of any act prohibited or declared unlawful by 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:

(1)    For a first offense, not less than twenty-five dollars nor more than one hundred dollars; and

(2)    For a second or any subsequent offense, not less than fifty dollars nor more than one hundred fifty dollars.

(b)    That for any violation of Section 8.08.020 which violation constitutes a gross misdemeanor, there shall be assessed a fine not to exceed five thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.

(c)    Any law enforcement officer or animal control officer has the authority to issue a notice of infraction of this chapter when the infraction is committed in the officer’s presence.

(d)    The notice of infraction shall state the minimum monetary penalty established by this chapter, when monetary penalty may be paid and forfeited without a hearing.

(e)    Any person requested to identify himself to an animal control officer pursuant to an investigation of any animal infraction has a duty to identify himself, give his current address, and sign an acknowledgement of receipt of the notice of infraction. Failure to so identify himself and/or an acknowledgement shall constitute a misdemeanor punishable as provided in Section 1.04.010 of this code. (Ord. 542 § 1 (part), 1988).

8.08.290 Exceptions to provisions.

Any duly trained and certified dog belonging to a law enforcement agency or municipal corporation is exempt from the provisions of this chapter while on official duty only; provided, however, that any dog owned by the city shall be licensed as provided in this chapter. (Ord. 542 § 1 (part), 1988).