Chapter 6.04
ANIMAL CONTROL
Sections:
6.04.040 Animal licenses generally.
6.04.045 Guide and service dogs – Waiver of license fees.
6.04.070 Offenses relating to licensing.
6.04.080 Offenses relating to sale of animals.
6.04.090 Detainment and disposal.
6.04.110 Offenses relating to safety and sanitation.
6.04.130 Offenses relating to control.
6.04.180 Initiation of violation.
6.04.190 Authority to issue humane infraction.
6.04.240 Dangerous dogs and potentially dangerous dogs – Registration required.
6.04.250 Dangerous dogs – Confiscation.
6.04.270 Dangerous dogs or potentially dangerous dogs – Notification of declaration.
6.04.280 Appeal of animal control authority determination.
6.04.290 Appeal of animal control authority decision to confiscate or destroy.
6.04.010 Definitions.
As used in this chapter, except where a different meaning is plainly apparent from the context, the definitions set out in this section apply:
“Administrative fee” means the charge levied by the humane society for apprehending an animal and placing it in its custody.
“Alter” means to permanently render an animal incapable of reproduction for medical reasons, whether or not surgically altered.
“Animal” means the vertebrate except Homo sapiens.
“Animal control authority” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Animal control officer” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“City” means the city of East Wenatchee.
“Dangerous animal” means any animal other than a cat or dog determined by the director, following a hearing, to be a risk to human health or safety or health or safety of other animals.
“Dangerous dog” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Department” means the department of the humane society and animal shelter.
“Detain” means to apprehend and/or keep an animal in custody.
“Director” means the director of the humane society.
“Disposed of in a humane manner” means adopted or euthanized by an overdose of sodium phenobarbital.
“Harboring” means allowing any animal to remain or be lodged, fed or sheltered on property one owns, occupies or controls for more than 24 hours.
“Holding period” means 72 hours, commencing at 1:00 a.m. following the date of detainment of any animal excluding any day the animal shelter or other facility for detaining is not open to the public.
“Humane officer” means any employee of the humane society or the East Wenatchee police department and shall also mean any animal control officer.
“Humane society” means any organization, whether private or public, that the city may contract with for the control of animals within the city limits and for the enforcement of this chapter and also means animal control authority.
“Owner” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Permit” means human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent or negligent.
“Potentially dangerous dog” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Proper enclosure of a dangerous dog” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Severe injury” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Trespassing” means an animal which enters upon the property of another person without the authorization of the lawful occupant. (Ord. 02-16 § 1, 2002; Ord. 367 § 4, 1984; Ord. 342 § 2, 1982)
6.04.020 Enforcement.
If feasible, the city will contract with a qualified entity to perform the services of the humane society as set forth in this chapter. Such humane society has concurrent jurisdiction to supervise and enforce the provisions of this chapter with the East Wenatchee police department. Should the city fail to contract with a qualified entity to perform the services of the humane society, the East Wenatchee police department will perform the services of supervision and enforcement. Wherever the term “humane officer” is used in this chapter, the same also applies to the East Wenatchee police department, thereby giving the police department enforcement authority. (Ord. 10-14 § 2, 2010; Ord. 367 § 2, 1984; Ord. 342 § 3, 1982)
6.04.030 Animal shelter.
There shall be an animal shelter for detaining animals and facilities for humane disposal of animals. No animal at this animal shelter may be used, sold, loaned or given away for medical or research purposes whether the animal is dead or alive. It shall be the duty of the humane officer to seize and impound any and all animals constituting a public nuisance as defined herein. Impounding may be upon the written complaint of any two persons, or upon actual observation by the humane officer of an animal creating a public nuisance as defined herein. Upon impounding any animal, the humane officer must make a complete registry thereof, entering the breed, color, sex, whether licensed or not, and the time and place of impoundment. If the animal is licensed, the humane officer must enter the name of the owner, the address of the owner, and the number of the license tab. (Ord. 10-14 § 2, 2010; Ord. 342 § 4, 1982)
6.04.040 Animal licenses generally.
The city requires the following animal licenses: a dog license, a pet kennel license, and a dangerous animal license. A license is not transferable. An owner of a dog which is four months of age or older must obtain a valid license. An owner must apply for a license on a form approved by the director. An application must be accompanied by the license fee and, if the animal is altered, by proof of alteration. A license is issued in the name of the owner and is numbered serially. Each issued license is accompanied by an identification tag inscribed with “Wenatchee Valley Animal Control,” a number corresponding to the license, and the license’s expiration date. A license expires one year after it is issued. Following a hearing set forth in EWMC 6.04.140, the director may establish the license fee for a dangerous animal license. The fee for a dangerous animal license, however, may not exceed $200.00. (Ord. 13-12 § 3, 2013; Ord. 10-14 § 2, 2010; Ord. 02-04 § 1, 2002; Ord. 429, 1987; Ord. 342 § 5, 1982)
6.04.045 Guide and service dogs – Waiver of license fees.
The city shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or her guide dog, or a request by a physically disabled person not to be charged a fee to license his or her service dog. (Ord. 89-7 § 1, 1989)
6.04.050 Pet kennel licenses.
No person shall keep more than three dogs which are over four months of age on any premises in the city without having a pet kennel license for each of the premises at which the animals are kept. The director shall issue a pet kennel license only after it has been determined that the proposed use is consistent with the city zoning code as now existing and hereafter amended and the director of public health has determined that the premises proposed to be licensed are sanitary and that its use as a kennel is consistent with public health, safety and welfare in and in conformity with other health department rules and regulations. (Ord. 342 § 6, 1982)
6.04.060 Guard or attack dog license.
Repealed by Ord. 02-04. (Ord. 342 § 7, 1982)
6.04.070 Offenses relating to licensing.
A. It is unlawful for the owner of an animal to:
1. Fail to obtain the license required by the animal control fee ordinance.
2. Fail to display, conspicuously, a license identification tag on the licensed animal.
3. Fail to show the license upon request of any animal control officer or police officer.
B. Any violation of this section is a civil infraction punishable by a fine of up to $75.00 for the first infraction and a fine of up to $150.00 for any subsequent infraction by the same person. (Ord. 10-14 § 2, 2010; Ord. 342 § 8, 1982)
6.04.080 Offenses relating to sale of animals.
A. For the purpose of consumer protection it is unlawful to:
1. Sell any animal known to be sick or injured unless the buyer is given, at the time of sale, written notice of the condition of the animal;
2. Sell any animal known to be vicious.
B. Any violation of this section is a misdemeanor as defined in EWMC 1.20.010. (Ord. 10-14 § 2, 2010; Ord. 342 § 9, 1982)
6.04.090 Detainment and disposal.
A. The humane society will not release a detained animal to the owner until all applicable fees assessed by the humane society are paid;
B. The director ascertains whether any detained animal is currently licensed. If a detained animal is licensed, the director must notify the licensee in writing that such animal has been detained and may be redeemed upon payment of applicable fees;
C. Anyone claiming a detained animal must prove ownership to the satisfaction of the director before redeeming the animal;
D. The humane society does not need to detain injured, diseased or wild animals for the holding period. The humane society may dispose of said animals in a humane manner at any time at the discretion of the director;
E. Any animal detained by the director may be held at the animal shelter or other place appropriate for the animal. The director shall post a notice of detainment at the shelter and shall attempt to determine ownership of an animal. If at the end of the holding period no owner has claimed the animal, the director shall dispose of the animal in a humane manner;
F. A boarding fee for every 24-hour period or part thereof for the care and feeding of the animal shall be charged to the owner commencing at the close of business on the day that the animal is detained;
G. The director of public health may direct the detention of animals suspected of having rabies. These animals will be held until the director of public health approves their release and until all applicable fees are paid;
H. An administrative fee shall be paid by any person claiming an abstaining possession of an animal detained by the humane society. (Ord. 10-14 § 2, 2010; Ord. 342 § 10, 1982)
6.04.100 Adoption.
Following the holding period, stray animals, abandoned animals, and animals voluntarily surrendered to the director become the property of the humane society and the animal shelter.
A. Any animal detained or surrendered to the department and not redeemed shall be disposed of in a humane manner or at the discretion of the director may be held for a longer period to allow adoption;
B. No warranty, express or implied, shall be made with respect to any animal adopted;
C. All dogs adopted from the Wenatchee Valley Humane Society Animal Shelter regardless of age must be licensed;
D. Dog license fees may be refunded to any adopter if the animal is returned to the animal shelter within eight days of the day of adoption accompanied by a written request for the refund and documentation from a licensed veterinarian certifying that the animal was diseased or ill at the time of adoption;
E. The humane society and animal shelter or other agency with whom the city may contract to assume the responsibility for impounding of animals assumes all responsibility for and liability for animals held and/or adopted out as between the city and the contracting authority. (Ord. 10-14 § 2, 2010; Ord. 342 § 11, 1982)
6.04.110 Offenses relating to safety and sanitation.
A. It is unlawful for an owner to:
1. Allow the accumulation of cat or dog feces in any open area, run, cage or yard, wherein dogs and/or cats are kept and fail to remove or dispose of feces at least once every 24 hours;
2. Fail to remove from public property that fecal matter deposited by his or her animal on public property before the owner leaves the immediate area where the fecal matter was deposited;
3. Fail to have in his or her possession the equipment necessary to remove his or her animal fecal matter when accompanied by such animal on public property or on a public easement;
4. Have possession or control of any animal sick or afflicted with any infections or contagious diseases and fail to provide treatment for such infection or disease; or allow or permit such diseased or infected animal to run at large or come in contact with other animals or human beings or drink at any public or common watering trough or stream accessible to other animals.
B. Any violation of this section is a civil infraction punishable by a fine of up to $250.00 for the first infraction and a fine of up to $500.00 for any subsequent infraction by the same person. (Ord. 10-14 § 2, 2010; Ord. 342 § 12, 1982)
6.04.120 Cruelty to animals.
A. By reference, the city adopts the following state statutes, including all future amendments:
RCW
9.08.065 Definitions.
9.08.070 Pet animals – Taking, concealing, injuring, killing, etc. – Penalty.
9.08.072 Transferring stolen pet animal to a research institution – Penalty.
9.91.170 Interfering with dog guide or service animal.
16.52.011 Definitions – Principles of liability.
16.52.080 Transporting or confining in unsafe manner – Penalty.
16.52.090 Docking horses – Misdemeanor.
16.52.095 Cutting ears – Misdemeanor.
16.52.110 Old or diseased animals at large.
16.52.165 Punishment – Conviction of misdemeanor.
16.52.180 Limitations on application of chapter.
16.52.185 Exclusions from chapter.
16.52.190 Poisoning animals – Penalty.
16.52.193 Poisoning animals – Strychnine sales – Records – Report on suspected purchases.
16.52.200 Sentences – Forfeiture of animals – Liability for costs – Civil penalty – Education, counseling.
16.52.207 Animal cruelty in the second degree.
16.52.210 Destruction of animal by law enforcement officer – Immunity from liability.
16.52.220 Transfers of mammals for research – Certification requirements – Pet animals.
16.52.225 Nonambulatory livestock – Transporting or accepting delivery – Gross misdemeanor – Definition.
16.52.230 Remedies not impaired.
16.52.300 Dogs or cats used as bait – Seizure – Limitation.
16.52.305 Unlawful use of hook – Gross misdemeanor.
B. Except as otherwise provided in the section, any violation of this section is a misdemeanor as defined in EWMC 1.20.010. (Ord. 10-14 § 2, 2010; Ord. 06-14 § 3, 2006; Ord. 342 § 13, 1982)
6.04.130 Offenses relating to control.
A. It is unlawful for any owner to:
1. Permit any domestic animal except cats or birds to be at large; provided, that pets may be removed from the premises of the owner if restrained by a leash that is eight feet or shorter and if in the physical control of a person;
2. Permit any dog to enter any public fountain or school ground;
3. Fail to confine any dog that is in heat in a secure enclosure so that the female dog cannot come in contact with a male dog unless the male dog is admitted by the owner of the female dog;
4. Permit any animal to (a) damage public property or the private property of another, or (b) habitually bark, whine or howl, or make other oral noises in such a manner as to unreasonably disturb any person, or (c) spread or spill garbage;
5. Permit any animal to trespass upon the property of another;
6. Have in his or her possession any animal not owned by him or her without the knowledge of the rightful owner thereof unless he or she notifies the director of such possession within 24 hours of acquiring possession of such animal or to fail to surrender such animal to the director upon demand;
7. Tether an animal in such manner as to permit the animal to enter any sidewalk, street, alley or a place open to the public or to enter any adjacent lot unless authorized by the occupant of the adjacent premises.
B. Any violation of this section is a civil infraction punishable by a fine of up to $250.00 for the first infraction and a fine of up to $500.00 for any subsequent infraction by the same person. (Ord. 10-14 § 2, 2010; Ord. 88-16 § 1, 1988; Ord. 342 § 14, 1982)
6.04.140 Dangerous animal.
A. It is unlawful for any person to procure or keep a dangerous animal without the prior approval of the director, granted following a hearing to determine that the animal will be adequately controlled to protect the health and safety of humans and of other animals; provided, this prohibition shall not apply to any facility processing or maintaining dangerous animals which is owned, operated or maintained by any city, county, state or federal agency, nor does it apply to a properly licensed veterinarian hospital where a dangerous animal may be confined temporarily for treatment. The director may authorize a special permit not to exceed 30 days for the keeping of a dangerous animal for shows or special exhibits.
B. Any violation of this section is a civil infraction punishable by a fine of up to $250.00 for the first infraction and a fine of up to $500.00 for any subsequent infraction by the same person. (Ord. 10-14 § 2, 2010; Ord. 342 § 16, 1982)
6.04.150 Nuisance.
Any animal which, by its actions or condition, presents a clear and present threat to the public peace, health or safety, is a nuisance and may be summarily detained pending correction of the condition or pending the owner’s trial for violation of this chapter. (Ord. 342 § 17, 1982)
6.04.160 Rabies control.
A. All dogs over the age of six months or dogs with a full set of canine teeth shall have a current rabies vaccination administered by a licensed veterinarian. If obtained from the shelter the dog shall be vaccinated within 30 days of obtaining the dog. An owner or custodian acquiring a dog shall have such dog inoculated against rabies within 30 days after the dog reaches six months of age. Any person moving into the city from a location outside of the city shall comply with this section 30 days after having moved into the city.
B. A current rabies vaccination means that a dog vaccinated between three months and one year shall be revaccinated within one year of the vaccination and shall be revaccinated at least every three years thereafter. Any dog, cat or other animal that has bitten any person shall be immediately confined for a period of 10 days. No animal under confinement shall be released from confinement until such release has been approved by the animal control officer.
C. It is unlawful for the owner of any dog, cat or any other animal that has bitten any persons to destroy such animal before it can be properly confined by an animal control officer. The location of such confinement shall be determined by the animal control officer and shall be at the sole expense of the owner or custodian. The owner or custodian of any animal that has been reported as having inflicted a bite on any person shall on demand of the animal control officer produce such animal for examination and quarantine as prescribed in this section. If the owner or custodian of any such animal refuses to produce such animal, the owner or custodian shall be subject to immediate arrest by a city police officer if there exists probable cause to believe that the animal has inflicted a bite upon a person and the owner or custodian is keeping or harboring the animal and willfully refuses to produce the animal upon such demand. Such persons shall be taken before the judge of the municipal court who may order immediate production of the animal. If the owner willfully or knowingly secretes or refuses to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this section.
D. When an animal under quarantine has been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the county public health officer and advise such officer of any reports of human contact with such rabid animal. If any animal under quarantine dies while under observation the animal control officer shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as the diagnosis is made available, which shows the animal to be rabid, the animal control officer shall notify the county public health officer of any reports of human contact with the animal. Any animal which has not been inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed immediately.
E. Any veterinarian who diagnoses rabies in any animal shall report such fact to the animal control officer. The veterinarian shall determine, before any rabies inoculation is given, whether the subject animal is under quarantine or has inflicted a bite on any person within the last 10 days.
F. In case of an outbreak of rabies constituting an emergency situation the mayor shall be authorized to impose strict regulations pertaining to animals within the city limits. (Ord. 342 § 18, 1982)
6.04.170 License fees.
A. The fees for each new dog license and for each annual period of renewal shall be as established from time to time by city council resolution and may include provisions for different fees for altered and unaltered dogs, late fees, discounts for senior citizens or handicapped persons, and fees for a lost dog tag.
B. The fee for each pet kennel license shall be as established from time to time by city council resolution.
C. Other animal control fees, including but not limited to administration fees, daily boarding fees at a city shelter or contract service provider shelter, vaccination fees for parvo/distemper, kennel cough, and rhino/distemper shall be as established from time to time by city council resolution. (Ord. 02-03 § 1, 2002; Ord. 91-16 § 1, 1991; Ord. 342 § 19, 1982)
6.04.175 Groundhogs.
A. It is unlawful to tease, catch, touch, or feed any groundhog in the city.
B. This section shall not apply to the action of a person taken to protect private property or to removal of groundhogs from city or other property as authorized by the city.
C. Any violation of this section is a civil infraction punishable by a fine of up to $75.00 for the first infraction and a fine of up to $150.00 for any subsequent infraction by the same person. (Ord. 10-14 § 2, 2010; Ord. 94-15 § 1, 1994)
6.04.180 Initiation of violation.
Violations of this chapter shall be initiated by the issuance, service and filing of a notice of humane infraction. (Ord. 342 § 20, 1982)
6.04.190 Authority to issue humane infraction.
Only those persons authorized by EWMC 6.04.020 may issue a notice of infraction. (Ord. 342 § 21, 1982)
6.04.200 Service of notice.
Notice of a humane infraction may be served either by (1) servicing the notice of humane infraction on the person named on the notice of humane infraction at the time of issuance; (2) filing the notice of humane infraction with the court, in which case the court shall have a notice served either personally or by mail, postage prepaid, on the person named in the notice of humane infraction, at his last known address. If the notice of humane infraction served by mail is returned to the court as undeliverable, the court shall issue a warrant of arrest. (Ord. 342 § 22, 1982)
6.04.210 Contents.
The notice of humane infraction shall contain the following information on the copy given to the defendant:
A. Name, address and phone number of the court where the notice of infraction is to be filed;
B. The infraction which the defendant is alleged to have committed, the date, the time and place the infraction occurred, the date the notice of infraction was issued and the name and number of the citing officer;
C. A statement that the defendant must respond to the notice of humane infraction within seven days of issuance;
D. A space for the defendant to sign a promise to respond to the notice of infraction in the time required;
E. A space for entry of the monetary penalty which the defendant may forfeit in lieu of appearing in court;
F. A statement that a mailed response must be mailed no later than midnight on the date the response is due. (Ord. 342 § 23, 1982)
6.04.220 Response to notice.
A person may respond to a notice of humane infraction by (1) paying into the registry of the court the amount of the monetary penalty as indicated on the humane infraction; or (2) requesting a hearing in the East Wenatchee Municipal Court to admit the infraction and explain the circumstances or to contest the determination that the infraction occurred. (Ord. 342 § 25, 1982)
6.04.230 Violation – Penalty.
Except as otherwise set forth in another specific provision of this chapter, failure to comply with any provision of this chapter shall subject the violator to a maximum monetary civil penalty of $100.00 for the first offense in a given calendar year and a maximum monetary civil penalty of $200.00 for each subsequent offense in the same calendar year. (Ord. 22-14 § 5 (Exh. A), 2022; Ord. 10-14 § 2, 2010; Ord. 02-16 § 2, 2002; Ord. 94-15 § 2, 1994; Ord. 93-7 § 1, 1993; Ord. 342 § 26, 1982)
6.04.240 Dangerous dogs and potentially dangerous dogs – Registration required.
A. It is unlawful for an owner to have a dangerous dog or potentially dangerous dog in the city without a certificate of registration issued under this section. This prohibition shall not apply to police dogs as defined in RCW 4.24.410, as the same exists or may hereafter be amended.
B. The animal control authority of the city shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the animal control authority sufficient evidence of:
1. A secure enclosure to confine the dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property;
2. The owner shall conspicuously display a sign on the premises with a warning symbol that informs children of the presence of a dangerous dog; and
3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least $250,000 payable to any person injured by the dangerous dog or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000 insuring the owner for any personal injuries inflicted by the dangerous dog.
C. The animal control authority of the city shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner presents to the animal control authority sufficient evidence of:
1. A secure enclosure or back yard chain run that safely confines the dog when the owner is absent;
2. The posting of the premises with a clearly visible warning sign that there is a potentially dangerous dog on the property.
D. The city will charge an annual fee as established by city resolution, in addition to regular dog licensing fees, to register a dangerous dog or a potentially dangerous dog.
E. Any violation of this section is a misdemeanor as defined in EWMC 1.20.010. (Ord. 10-14 § 2, 2010; Ord. 02-16 § 3, 2002)
6.04.250 Dangerous dogs – Confiscation.
A. Any dangerous dog as defined by EWMC 6.04.010 shall be immediately confiscated by an animal control authority if the:
1. Dog is not validly registered under RCW 16.08.080;
2. Owner does not secure the liability insurance coverage required under RCW 16.08.080;
3. Dog is not maintained in the proper enclosure;
4. Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person.
B. The owner must pay the costs of confinement and control.
C. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within 20 days.
D. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies are not corrected within 20 days of notification. The owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021, as the same exists now or may hereafter be amended. (Ord. 02-16 § 4, 2002)
6.04.260 Dangerous dogs and potentially dangerous dogs – Dog bites, penalty and affirmative defenses.
A. If a dangerous dog or potentially dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog’s owner is guilty of a class C felony, punishable in accordance with RCW 9A.20.021, as the same exists now or may be hereafter amended. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog or potentially dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked the defendant’s dog without justification or excuse. In addition, the dangerous dog or potentially dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
B. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared dangerous or potentially dangerous, shall upon conviction be guilty of a class C felony punishable in accordance with RCW 9A.20.021, as the same exists now or may be hereafter amended. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant’s dog: (1) trespassed on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and beware of dog; or (2) provoked the defendant’s dog without justification or excuse on the defendant’s real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
C. The owner of a potentially dangerous dog shall be subject to a civil penalty of up to $450.00 for each offense. (Ord. 02-16 § 5, 2002)
6.04.270 Dangerous dogs or potentially dangerous dogs – Notification of declaration.
A. Where the animal control authority seeks to declare a dog within the city to be a dangerous dog or potentially dangerous dog, the animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested. The notice must state:
1. The statutory basis for the proposed action;
2. The reasons the animal control authority considers the animal dangerous or potentially dangerous;
3. A statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in EWMC 6.04.240(B); and
4. An explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous or potentially dangerous.
B. Prior to the animal control authority issuing its final determination, the animal control authority shall notify the owner in writing that the owner is entitled to an opportunity to meet with the animal control authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous or potentially dangerous. The notice must state the date, time, and location of the meeting, which must occur prior to the expiration of 15 calendar days following delivery of the notice.
C. After the meeting, the animal control authority must issue its final determination, in the form of a written order, within 15 calendar days.
D. In the event the animal control authority declares the dog to be dangerous or potentially dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the animal control authority. (Ord. 02-16 § 6, 2002)
6.04.280 Appeal of animal control authority determination.
A. A person who is aggrieved by a determination of the animal control authority regarding dangerous dogs or potentially dangerous dogs may appeal such determination to the East Wenatchee municipal court. The owner must appeal the determination within 20 days of receiving the final determination.
1. The written appeal shall include the name, address and telephone number of the appellant(s) and a copy of the determination of the animal control authority.
2. The clerk shall promptly set a date for a hearing of the appeal. Written notice of the date, time and place of the appeal hearing shall be mailed or personally delivered to the appellant(s) and to the animal control authority not less than 10 days prior to the hearing.
3. The appellant(s) shall have the burden of proving that the determination of the animal control authority is arbitrary and capricious.
B. While the appeal is pending, the animal control authority may order that the dog be confined or controlled in compliance with EWMC 6.04.240. If the dog is determined to be dangerous or potentially dangerous, the owner must pay all costs of confinement and control. (Ord. 02-16 § 7, 2002)
6.04.290 Appeal of animal control authority decision to confiscate or destroy.
An owner or keeper of a dangerous dog or potentially dangerous dog who is aggrieved by confiscation of the dog may prevent destruction or adoption of the dog by petitioning the East Wenatchee municipal court for the dog’s return, subject to court-imposed conditions.
A. A written petition shall be filed with the clerk of the municipal court not more than 20 days after the date of initial detention. The petition shall include the name, address and telephone number of the petitioner(s) and a copy of the final determination of the animal control authority. The petition shall be accompanied with a bond or security in an amount sufficient to provide for the dog’s detention and care for not less than 45 days from the date of initial detention.
B. The clerk shall promptly set a date for a hearing on the petition. Written notice of the date, time and place of the hearing shall be mailed or personally delivered to the petition(s) and to the animal control authority not less than 10 days prior to the hearing.
C. The petition(s) shall have the burden of proving that specific, additional court-imposed conditions may be imposed that are sufficient to safeguard the public from bodily harm and property damage.
D. If the municipal court determines that the dangerous dog or potentially dangerous dog should not be returned to the owner or keeper, the dog shall be forfeited by the owner or keeper. The animal control authority may destroy the dog or find a responsible person or agency to adopt the dog.
E. If the municipal court determines that the dangerous dog or potentially dangerous dog should be returned to the owner or keeper, the municipal court shall impose such specific conditions, as it deems appropriate to safeguard the public from bodily injury and property damages. The petitioner shall pay the cost of the dog’s detention and care within 10 days after the municipal court’s determination. If the petitioner fails to pay such costs, the bond shall be forfeited and the animal control authority may destroy the dog or find a responsible person or agency to adopt the dog. (Ord. 02-16 § 8, 2002)