Chapter 5.30 ANIMAL CONTROL

Chapter 5.30
ANIMAL CONTROL

Sections:

5.30.020 Introduction and purpose.

5.30.040 Definitions.

5.30.060 Spaying or neutering required in absence of unaltered animal license.

5.30.080 Licensing.

5.30.120 Control of animals.

5.30.130 Unlawful acts.

5.30.140 Abatement of nuisances.

5.30.160 Impoundment, violation notice and adoption.

5.30.200 Rabies vaccination deposits.

5.30.220 Rabies vaccinations required.

5.30.240 Minimum standards of animal care.

5.30.260 Beekeeping.

5.30.280 Wild animals.

5.30.300 Exotic animals.

5.30.310 Keeping of chickens.

5.30.320 Animal waste.

5.30.340 Found stray animals.

5.30.400 Penalties.

5.30.440 Repealed.

5.30.020 Introduction and purpose.

The purpose of this chapter is to provide for the reasonable regulation of animals as well as promote the public health, safety and welfare. It is the specific intent of this chapter to place the responsibility and obligation of complying with its requirements upon the owners and keepers of animals. [Ord. 4481 § 1, 2007.]

5.30.040 Definitions.

As used in this chapter, the following terms mean:

A. “Altered” means, as used herein, a neutered male animal or a spayed female animal.

B. “Animal” means any live, nonhuman species of mammal, bird, reptile or amphibian, domestic, wild or exotic.

C. “Animal control authority” means the division of the Ellensburg police department vested with responsibility for enforcement of the animal control laws of the city and state and the shelter and welfare of animals.

D. “Animal control officer” means any person employed or appointed by the city of Ellensburg or the Ellensburg police department to enforce the provisions of this chapter or any other law or ordinance relating to the licensing, care and control of animals, or seizure and impoundment of animals. An animal control officer shall have the same powers granted to animal control officers as set forth in Chapter 16.52 RCW.

E. “Animal shelter” means the city’s facility or contracted provider facility operated for the purpose of impounding animals under the authority of this chapter or state law for care, housing, consignment, return to owner, adoption, or euthanasia.

F. “Apiary” means the assembly of one or more colonies of bees at a single location.

G. “At large” means to be off the premises of the owner and not under the control of a competent person authorized by the owner, whether by leash or otherwise; but an animal within an automobile or other vehicle of its owner shall be deemed to be upon the owner’s premises.

H. “Beekeeper” means a person owning, possessing or controlling one or more colonies of bees.

I. “Beekeeping equipment” means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors.

J. “Chicken” means a member of the species Gallus gallus (G. gallus domesticus), a common domestic fowl.

K. “City” means the city of Ellensburg.

L. “Colony” or “hive” means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones, including brood, combs, honey and the receptacle inhabited by the bees.

M. “Dangerous animal” means any animal that (1) inflicts severe injury on a human being without provocation on public or private property, (2) kills a domestic animal without provocation while the animal is off the owner’s property, or (3) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans.

N. “Domestic animal” means any animal that is usually tamed and bred by humans.

O. “Exotic animal” means any animal which is not commonly domesticated or which is not native to or usually found in the United States, including:

1. All wild cats of the family Felidae and their hybrid, except for the domestic cat, Felis catus;

2. All species of bear;

3. All wild carnivores of the family Canidae (such as wild dogs, wolves, coyotes, jackals or foxes) and their hybrid, except for the domestic dog, Canis familiaris;

4. Venomous reptiles and amphibians;

5. All reticulated pythons, Burmese pythons and snakes which may reach 10 feet or more in length;

6. All members of the families Alligator (Alligator), Crocodile (Crocodylus) and Caiman (Crocodylus);

7. All nonhuman primates; and

8. All marsupials.

P. “Harbor” means to perform any of the acts of providing care, shelter, protection, refuge, food or nourishment in such a manner as to control the animal’s actions, or that the animal or animals are treated as living at one’s house by the homeowner. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.

Q. “Honeybee” means all life stages of the common domestic honeybee, Apis mellifera species.

R. “Livestock” means an animal usually found on a farm, including, but not limited to, horses, mules, bovine animals, sheep, goats, llamas, ostriches and swine; except “livestock” shall not mean miniature pot-bellied pigs.

S. “Owner” means any person harboring an animal, having an interest in or right of possession to an animal, or any person having control, custody or possession of any animal, or by reason of the animal being seen consistently at a location, shall be presumed to be the owner.

T. “Person” means an individual, partnership, firm, corporation, association, or other legal entity.

U. “Potentially dangerous animal” means any animal that when unprovoked: (1) inflicts bites on a human or domestic animal either on public or private property, or (2) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

V. “Requeen” means to replace a queen in a hive, usually to replace an old queen with a young one.

W. Restraint. An animal is considered to be under restraint if it is secured by a leash or lead under the control of a responsible person and obedient to that person’s commands, or within the real property and/or vehicular property limits of its owner or other authorized person.

X. “Vicious” means the propensity to do any act that might endanger the safety of a person, animal or property of another, including, but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play, or outbreak of untrained nature.

Y. “Wild animal” means an animal living in its natural state and native to the United States and not normally domesticated, raised or bred by humans, except the following: human beings, domestic dogs (excluding hybrids with wild dogs, wolves, coyotes, foxes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, captive-bred species of common cage birds and other commonly owned pets such as goldfish. [Ord. 4615 § 1, 2012; Ord. 4538 § 1, 2009; Ord. 4481 § 2, 2007; Ord. 4235, 2000; Ord. 3688 § 1, 1990.]

5.30.060 Spaying or neutering required in absence of unaltered animal license.

A. No person shall own or harbor any cat or dog over the age of five months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to ECC 5.30.080.

B. Dogs subject to the exemption set forth in ECC 5.30.080(E) are exempted from the provisions of this section.

C. Any dog or cat adopted from an animal shelter in the city shall be spayed or neutered before transfer to the owner. [Ord. 4481 § 3, 2007.]

5.30.080 Licensing.

A. Any person owning, keeping, harboring or having custody of any cat or dog over five months of age within this municipality must obtain a license as herein provided. This provision does not apply to veterinary clinics, pet shops, research facilities or similar commercial or institutional entities.

B. Written application for licenses, which shall include name and address of applicant, description of the animal, the appropriate fee, and rabies certificate issued by a licensed veterinarian or anti-rabies clinic, shall be made to the animal control authority on a form provided by the authority.

C. Licenses for the keeping of dogs and cats shall be for a period of one year from and after the date of purchase unless otherwise provided for herein.

D. Application for a license must be made within 14 days after obtaining a dog or cat five months of age or older; this requirement will not apply to a nonresident keeping a dog or cat within the municipality for not longer than 30 days.

E. License fees shall not be required for a “dog guide” as defined in RCW 70.84.020, guide dog in training, “service animal” as defined in RCW 70.84.021, or governmental police dogs.

F. Upon acceptance of the license application and fee, the animal control authority shall issue a durable license tag, stamped with an identifying number. Tags are designed so that they may be conveniently fastened or riveted to the animal’s collar or harness.

G. Dogs and cats must wear their current city-issued license tags at all times when off the premises of their owner.

H. A license shall be issued upon appropriate application for license and after payment of the following application fee:


Unaltered dog or cat	$50.00
Altered dog or cat	$7.00
Multiple altered dogs and/or cats (five or more)	$30.00
Three-year license (altered animal only, with proof of three-year rabies vaccination)	$15.00

Owners 65 years of age and older shall be charged discounted rates for altered animals only, consisting of an annual $5.00 fee per animal.

Verification of sterilization, as is acceptable to the animal control authority, is required prior to application of reduced license fees.

I. A duplicate license or replacement tag may be obtained upon payment of a $3.00 replacement fee and no person may use any license for any animal other than the animal for which it was issued. [Ord. 4481 § 4, 2007; Ord. 4235, 2000; Ord. 3688 § 1, 1990.]

5.30.120 Control of animals.

A. It shall be unlawful for the owner or keeper, either willfully or through failure to exercise due care and control:

1. To permit any domestic, wild or exotic animal, or livestock of any kind, to run at large within the city or to enter upon another person’s property without the permission of that person;

2. To permit a dog in parks except on a leash and subject to all applicable park rules and regulations or ordinances regulating the use of parks; provided, however, this subsection shall not apply to those portions of a park expressly designated as “off-leash” dog areas;

3. To fail to confine an unaltered dog or cat within a building or secure enclosure or keep said animal under restraint by leash or chain and controlled by a responsible person in such a manner that such unaltered animal cannot come into contact with an unaltered animal of the same species and opposite sex, except for planned breeding;

4. To permit a dog to roam, run, stray or be away from the premises of the owner or custodian and to be on any public place or on any private property of another in the city, unless such dog while away from such premises is controlled by a leash or chain not more than eight feet in length, such control to be exercised by the owner or custodian or other competent and authorized person; and any dog found roaming, running, straying or being away from the premises of the owner or custodian and not under control as herein provided may be impounded subject to redemption in the manner provided by ordinance;

5. To keep, harbor or maintain animals known to have a contagious disease unless under the treatment of a licensed veterinarian;

6. For the owner or keeper of cattle, horses or goats to stake out or tether such animals along the public ways of the city or upon the property of any person other than the owner or person having custody of such animals without the prior consent of the owner, lessee or occupant of the land upon which such animals are staked or tethered; or

7. To permit any animal, in a continuing or repeated manner, to bark, cry, howl, yelp, screech, squawk, scream, whine or cause other objectionable noises which unreasonably disturb or interfere with the peace, comfort or repose of others; provided, however, violations of this subsection shall be charged and prosecuted under Chapter 5.60 ECC, Noise.

B. Any person violating any provision of this section shall be guilty of a Class 1 civil infraction and shall be punished as allowed by law by a penalty of not more than $250.00, not including statutory assessments; provided, however, that the penalty for a second or subsequent violation within any 12-month period shall not exceed $500.00, not including statutory assessments.

C. Conduct which is unlawful under this section shall, in addition to the penalties set forth in this chapter, also constitute a public nuisance subject to abatement by the animal control authority. [Ord. 4481 § 5, 2007; Ord. 3688 § 1, 1990.]

5.30.130 Unlawful acts.

A. It shall be unlawful for the owner or keeper, either knowingly, recklessly or with criminal negligence:

1. To permit a vicious, predatory, destructive, dangerous, potentially dangerous or diseased animal to run at large within the city after the owner or keeper has been notified by the animal control authority that such animal has been so classified or that reports or complaints of one or more persons have been made or registered with the animal control authority or with the owner himself, which would place the owner or keeper on notice of a disposition or tendency, condition or conduct of such animal that creates a threat of injury to any person or animal or to property of another;

2. To fail to securely confine a vicious, predatory, destructive, dangerous, potentially dangerous or diseased animal when on the owner’s premises so that such animal cannot reach mailmen, delivery men or others who may have occasion to enter the owner’s premises in the course of their lawful work; or

3. For any person owning or having control of any livestock, to permit such livestock to escape from the premises owned, leased or occupied by the owner or custodian of such livestock, or to run at large onto the streets, sidewalks or ways of the city or upon any property therein not owned, leased or occupied by such person.

B. Any person who violates this section shall be guilty of a misdemeanor.

5.30.140 Abatement of nuisances.

Any person found to have committed an infraction or who is convicted of a misdemeanor or gross misdemeanor for violating any of the provisions of this chapter in the keeping or maintenance of any nuisance as herein defined shall, in addition to any fine or imprisonment imposed by the court in such action, be ordered to forthwith abate and remove the nuisance; and, if the same is not done by the offender within 24 hours, the same shall be abated and removed under the direction of any officer authorized by the order of said court, which order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action. Any such person shall be liable for all costs and expenses of abating the same when the nuisance has been abated by any officer of the city or animal control authority of the city, which costs and expenses shall be taxed as part of the costs of the prosecution against the party, liable to be recovered as other costs are recovered; and, in all cases where the officer is authorized by the court, shall abate any nuisance and he or she shall keep an account of all expenses attending the abatement; and in addition to other powers herein given to collect the costs and expenses, the city may bring suit for the same in any court of competent jurisdiction against the person keeping or maintaining the nuisance so abated. [Ord. 4481 § 7, 2007.]

5.30.160 Impoundment, violation notice and adoption.

A. The animal control authority may apprehend any animal found doing any of the acts defined as a public nuisance and/or being subjected to cruel treatment as defined by law. After such animals are apprehended, the animal control officer shall ascertain whether they are licensed or otherwise identifiable. If reasonably possible, the animal control authority shall release the animal to the owner, together with a notice of violation of this code. If it is not reasonably possible to immediately release a currently licensed animal to its owner, the animal control authority shall attempt to notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. The animal control authority shall have the authority to contract with third parties for the transport and temporary holding or sheltering of impounded livestock.

B. Any animal breaking the skin of a human being or any other animal shall immediately be reported to the animal control authority for determination by an animal control officer of the appropriateness of quarantine to determine the presence of rabies. Upon demand of any animal control officer the animal shall be surrendered to the animal control authority. Upon a determination that quarantine is warranted, the duration and location of quarantine and other conditions of confinement and release shall be at the sole discretion of the animal control officer. In the event the animal control officer determines release of the animal is appropriate after quarantine, all fees and other conditions of release upon impoundment are applicable.

C. If, by a license tag or other means, the owner of an impounded animal can be identified, the animal control officer shall immediately upon impoundment notify the owner by telephone or in-person contact, or by leaving written notice at the address contained in the license application, or by regular mail, that the animal has been impounded and may be redeemed. Any currently licensed animal impounded pursuant to this chapter shall be held for the owner at least 96 hours after telephone or in-person contact or after the leaving of written notice at the address contained in the license application, or at least 120 hours after posting of the notification of impoundment by regular mail; any other animal impounded pursuant to this chapter whose owner is unknown shall be held at least 96 hours after the time of impoundment. Any animal not reclaimed by its owner within the applicable time limit set forth hereinabove shall become the property of the city of Ellensburg and shall be placed for adoption in a suitable home, transferred to a rescue or other adoption facility, or humanely euthanized. Any animal suffering from serious injury or disease may, in the discretion of the animal control authority, be humanely destroyed.

D. An owner reclaiming an impounded animal shall pay the following fees:


Offense (Within 12-Month Period)	Impoundment Fee – Unaltered and Over Five Months of Age, or Livestock	Impoundment Fee – Altered
First	$50.00	$15.00
Second	$100.00	$30.00
Third or more	$150.00	$60.00

In addition to the above fees, a daily shelter fee in the amount of $10.00 for care and feeding of the impounded animal shall be payable to the city; provided, however, the daily shelter fee shall be $25.00 for livestock. If the animal will be kept within the city of Ellensburg, the appropriate license fee shall also be paid by the owner prior to release of the animal. Additionally, a rabies vaccination deposit in the amount of $25.00 shall be payable by an owner residing within the city prior to release of a dog or cat if a current rabies certificate cannot be provided to the animal control officer. Also, a surcharge in the amount of $50.00 shall be paid by an owner who resides outside of the city of Ellensburg, but within a jurisdiction that has no agreement compensating the city for animal shelter services. No senior citizen discount is available for the impoundment fee or charges related thereto.

Subsequent to the impound of an unaltered animal, if the owner provides the animal control authority with proof acceptable to the authority that the animal has been spayed or neutered within 15 days after the date the animal was reclaimed, the owner will receive a refund of the difference between the impoundment fee previously paid by the owner for an unaltered animal and the applicable impoundment fee for an altered animal.

E. If an animal impounded pursuant to this chapter is not reclaimed by its owner and is released to another person, the person shall be deemed a purchaser and shall receive a certificate of purchase from the animal control authority, vesting ownership and terminating all interest and rights of the former owner. Prior to entitlement to said certificate of purchase, the adopting person must:

1. Complete and sign an adoption agreement, including authorization for the animal control authority to transport the animal to the first available local veterinarian for the spay or neuter procedure.

2. Complete and sign an animal license application if the adopter lives inside Ellensburg’s city limits.

3. Sign an agreement stating that the adopter shall have 14 calendar days from the date of adoption to return said animal to the animal shelter for a refund of fees paid to the city; provided, however, no refund of fees paid to the veterinarian for the spay/neuter or rabies vaccination shall be made.

4. Pay the following adoption fees:


Cats	$50.00
Dogs	$80.00
Rabbits	$50.00
Other animals	Adoption fees to be established by the animal control authority

The senior citizen discount (65 and older) is $5.00 less than the fees set forth above in this subsection.

The adoption fees listed include the following: health check at any veterinarian doing business in Ellensburg; the first DHLPP or FVR vaccination; the spay or neuter procedure; a rabies vaccination; and the first year’s license, if applicable.

5. The animal control authority shall have the authority to establish administrative rules regarding the adoption of animals from the Ellensburg animal shelter, which rules shall be maintained for public inspection at the animal shelter and at the office of the Ellensburg city clerk.

F. In addition to, or in lieu of, impounding an animal found at large, the animal control officer or a police officer may issue to the known owner of such animal a notice of infraction or criminal citation under ECC 5.30.120.

G. The animal control authority shall keep complete and accurate records of the care, feeding, veterinary treatment and disposition of all animals impounded at the shelter.

H. Owners voluntarily surrendering their animals to the shelter shall not be charged a fee but may be encouraged to make a monetary donation to the animal shelter to help offset the cost of caring for the animals; provided, however, that owners who reside outside the city of Ellensburg but within a jurisdiction that has no agreement compensating the city for animal shelter services shall be charged a $50.00 fee to surrender their animal to the shelter.

I. Neither the city nor any officer or agent of the city shall be legally or financially responsible for failing to notify an animal owner of an impoundment under this chapter. [Ord. 4481 § 8, 2007; Ord. 4235, 2000; Ord. 3688 § 1, 1990.]

5.30.200 Rabies vaccination deposits.

Rabies vaccination deposits may be reclaimed upon presentation of proof that the required procedures have been accomplished within the time prescribed by the animal control officer or six months, whichever is less. If said procedures have not been completed within the specified time period, said deposit(s) shall be forfeited to the city. [Ord. 4481 § 9, 2007; Ord. 3688 § 1, 1990.]

5.30.220 Rabies vaccinations required.

All dogs and cats, five months of age or older, kept or harbored within the corporate limits of the city of Ellensburg shall be vaccinated against rabies. All rabies vaccinations shall be kept current and shall be performed in accordance with recognized veterinary practices. [Ord. 4481 § 10, 2007.]

5.30.240 Minimum standards of animal care.

The following sections are in addition to those sections of Chapter 16.52 RCW (“Prevention of Cruelty to Animals”) adopted by reference in ECC 7.04.080.

A. No person shall leave any animal at the city animal shelter without making specific arrangements therefor with the animal control authority.

B. No person other than a representative of the animal control authority shall sell, give away or otherwise transfer ownership or control of any animal upon the property of the city animal shelter or within 500 feet of the animal shelter property.

C. Any person who, as the operator of a motor vehicle, strikes a domestic animal, including livestock, shall immediately stop and render such assistance as may be possible and shall immediately report such injury or death to the animal’s owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the animal control authority or police department.

D. No person shall tether an animal by use of a choke collar, prong collar or collar too small for the size and age of the animal, or by any rope, chain or cord directly attached to the animal’s neck.

E. No person shall tether an animal on the person’s property by a tether less than 12 feet in length or of such unreasonable weight as to prevent the animal from moving about freely.

F. Except with regard to livestock, no person shall confine an animal in a manner that forces the animal to stand in its own excrement under conditions or for a duration which threaten the health of the animal.

G. Penalty. Any person violating any provision of this section shall be guilty of a misdemeanor. If any person is found guilty by the court of violating this section, that person’s license to own, keep, harbor or have custody of animals may be ordered by the court to be automatically revoked and no new license may be issued unless ordered by a court of competent jurisdiction. [Ord. 4481 § 11, 2007; Ord. 4145, 1998; Ord. 3688 § 1, 1990.]

5.30.260 Beekeeping.

A. The intent of this section is to establish standards for beekeeping in a manner which will not endanger the health, peace and safety of the citizens of the city and which will assure that beehives are appropriately placed, maintained and managed. This section is enacted for the welfare of the public as a whole and not for any specific individual, group or class.

B. The keeping of bees for accessory use is permitted in the residential low (R-L) and residential suburban (R-S) zones, subject to the requirements in subsections (B), (C) and (D) of this section:

1. Number of Hives Allowed.

a. No more than four production colonies or hives are allowed on properties 7,000 square feet or larger within the residential low (R-L) and residential suburban (R-S) zones.

b. Properties less than 7,000 square feet shall be limited to two production colonies or beehives.

2. Hive Placement Requirements. Hives shall not be located within 10 feet of any side or rear lot line and shall be screened by a fence or vegetation at least six feet in height.

C. Hive, Apiary Management Requirements.

1. All hives shall be registered with the Department of Agriculture and comply with Chapter 15.60 RCW and rules adopted thereunder;

2. All hives shall consist of moveable frames and combs, unless exempted by the Department of Agriculture;

3. Hives shall be managed for swarm prevention and gentleness;

4. Hives shall be requeened if bee behavior is likely to cause a nuisance;

5. A consistent source of water shall be provided at the apiary when bees are flying unless it occurs naturally. The water may be “sweetened” with mineral salt or chlorine to enhance its attractiveness. This requirement is intended to discourage bee visitation at swimming pools, hose bibs, animal watering sources, bird baths or where people congregate;

6. Apiaries shall be managed and kept in a clean and orderly manner and appearance to prevent a nuisance;

7. Hives shall not be placed where they are a threat to animals who are chained or penned up and cannot flee if they are attacked;

8. An apiary shall be identified by placing a sign so it is visible to passersby. Sign lettering shall be a minimum of two inches in height and shall include the owner’s name, state issued identification number, and telephone number. Signs shall be placed in a manner to make them conspicuous to anyone approaching the apiary. The characters shall be in a color which contrasts with the color of the hive, and be conspicuous to anyone approaching the apiary.

D. Nuisance. Bees shall be considered a nuisance and be subject to abatement under the provisions of ECC 5.30.140 when any of the following occurs:

1. Colonies of bees are defensive or exhibit objectionable behavior, or interfere with the normal use of property, or the enjoyment of persons, animals or property adjacent to an apiary;

2. Colonies of bees swarm;

3. Hives of bees do not conform to this code;

4. The hive becomes deceased, as defined by the Department of Agriculture; or

5. The hive becomes abandoned by its beekeeper. [Ord. 4615 § 2, 2012.]

5.30.280 Wild animals.

A. No person shall own or possess any wild animal within the city limits unless that person has obtained a permit from the Washington State Department of Fish and Wildlife and/or U.S. Fish and Wildlife Service; provided, that the animal control authority may allow a person to temporarily care for an infant or injured wild animal which is native to this area and homeless while the person obtains the necessary state and federal permits; provided further, that miniature pot-bellied pigs are not considered wild animals under this section and are allowed to be kept within the city.

B. This section shall not be construed to apply to research facilities, performing animal exhibitions, circuses or pet stores that are in compliance with applicable USDA licensing and registration requirements under the federal Animal Welfare Act, 7 USC Section 2131, et seq.; provided, however, the animal control authority may require any person or entity seeking exemption under this subsection to provide proof of the entity’s compliance with said requirements.

C. The animal control officer shall have the power to release or order the release of any infant wild animal kept under temporary permit which is deemed capable of survival.

D. Any person who violates this section shall be guilty of a misdemeanor. [Ord. 4481 § 12, 2007; Ord. 3688 § 1, 1990.]

5.30.300 Exotic animals.

A. No person shall possess, breed, import, export, barter, buy, sell or attempt to buy or sell an animal defined as “exotic” in ECC 5.30.040.

C. Any person who violates this section shall be guilty of a misdemeanor. [Ord. 4481 § 13, 2007.]

5.30.310 Keeping of chickens.

A. The intent of this section is to establish standards for the keeping of chickens in a manner which will not endanger the health, peace and safety of the citizens of the city and which will assure that chickens are kept in a clean and sanitary condition and not subjected to suffering, cruelty or abuse.

B. Chickens are permitted to be kept and maintained only at single-family dwellings in the city as accessory uses, in accordance with applicable city regulations pertaining to animals, and subject to the following requirements:

1. No more than four chickens are allowed at each such single-family dwelling.

2. Male chickens over four months old are not allowed.

3. Chickens shall be kept in a well-ventilated, enclosed coop constructed to protect the chickens against varying weather conditions and predators. The coop shall have an attached, enclosed run. The coop and run combined shall provide a minimum of 10 square feet of ground space per chicken.

4. All coops and runs shall be located within a rear yard only. Coops shall be at least 25 feet from any neighboring dwelling and 10 feet from any property line. No portion of any run shall be within 10 feet of any property line unless the property line abuts an alley.

5. All coops and runs shall be kept in a neat, sanitary, dust-free condition and must be cleaned on a regular basis so as to prevent offensive odors.

C. Any person who violates any provision of this section shall be guilty of a Class 1 civil infraction. [Ord. 4538 § 2, 2009.]

5.30.320 Animal waste.

A. It shall be unlawful for the owner or any person having charge of any animal to permit, either willfully or by failure to exercise due care, such animal to commit a public nuisance by defecating in any area of the city other than the premises of the owner or person having charge or control of the animal, unless said owner or person having charge takes immediate steps to remove and properly dispose of said feces.

B. Removal of feces shall be by means of a bag, scoop or other device and eventual disposal in a trash receptacle, by burying or by other means of lawful disposal. [Ord. 4481 § 14, 2007; Ord. 3688 § 1, 1990.]

5.30.340 Found stray animals.

It shall be the duty of a person who takes into his possession any stray animal, not owned by him or not placed into his possession by the person having the lawful custody and control thereof, to notify the animal control authority or police within 48 hours of taking possession of the animal, and to release such animal to the animal control authority or animal control officer upon demand and without any charge. This duty shall not exist in instances when the finder of the animal knows or locates the owner and returns the animal to the owner. [Ord. 4481 § 15, 2007.]

5.30.400 Penalties.

A. Unless otherwise set forth in this chapter, any person violating any provision of this chapter shall be guilty of a Class 1 civil infraction and shall be punished as allowed by law by a penalty of not more than $250.00. Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. If a violation continues, each day’s violation shall be deemed a separate violation.

B. Every person convicted of a misdemeanor under this chapter shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount not to exceed $1,000, or by both such imprisonment and fine. [Ord. 4481 § 16, 2007; Ord. 4145, 1998; Ord. 4133, 1998.]

5.30.440 Adoption by reference.

Repealed by Ord. 4481. [Ord. 4081, 1997.]