Chapter 6.05
ANIMALS*
Sections:
6.05.010 Definitions.
6.05.020 Prohibited activities of animals.
6.05.030 Animals at large.
6.05.040 Cruelty to animals.
6.05.050 Potentially dangerous and dangerous animals.
6.05.060 Impounding.
6.05.070 Injured or diseased animals.
6.05.080 Redemption.
6.05.090 Violation - Penalties.
*Prior legislation: Ords. 1133, 1133A, 1157 and 1180.
6.05.010 Definitions.
In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used herein shall be given their common and ordinary meaning; in addition, the following definitions shall apply:
(1) “Adequate shelter” means a moisture-proof and wind-proof structure that allows the animal to turn around freely, sit easily, stand and lie normally and that keeps the animal clean, dry and comfortable.
(2) “Adult dog” and “adult cat” mean any dog or cat past the age of six months, or whose permanent canine teeth have erupted through the gum line.
(3) “Animal control authority” means the Lewis County sheriff and/or his authorized personnel.
(4) “Animal shelter division” means the Lewis County animal shelter.
(5) “At large” means off the premises of the owner or keeper of the animal, and not under restraint by leash or chain or not otherwise controlled by a competent person.
(6) “Competent person” means a person who is able to sufficiently care for, control, and restrain his/her animal, and who has the capacity to exercise sound judgment regarding the rights and safety of others.
(7) “Dangerous animal” means any animal that:
(a) Inflicted severe injury on a human being without provocation on public or private property; or
(b) Killed a domestic animal without provocation while off the owner’s property; or
(c) Has been previously found to be potentially dangerous because of injury inflicted on a human, and the owner having received notice of such, and the animal again aggressively bites, attacks, or endangers the safety of humans.
(8) “Designated animal holding facility” means the Lewis County animal shelter, or any other facility designated by the Lewis County animal shelter.
(9) “Domestic animal” means those domestic beasts such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep or hog, or other animal made to be domestic.
(10) “Hearing examiner” shall mean the hearing examiner for the county of Lewis or a deputy thereof to hear civil appeals relating to the enforcement of this title.
(11) “Humanely destroy” means the destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness.
(12) “Humane officer” means any individual appointed by the Lewis County sheriff’s office with a limited law enforcement commission for the purpose of enforcement of statutes pertaining to the care and treatment of animals as well as other legislation directly related to animal neglect or abuse.
(13) “Keeper” means any person performing any of the acts of providing care, shelter, protection, refuge, food, or nourishment in such manner as to control the animal’s actions, or that the animal(s) is treated as living at one’s house.
(14) “Livestock” includes, but is not limited to, horses, mules, cattle, llamas, sheep, swine, goats, poultry, and domestic rabbits.
(15) “Muzzle” means a fastening or covering of the mouth of an animal to prevent biting and made in a manner that will not cause injury to the animal or interfere with its vision or respiration.
(16) “Owner” means any person, firm, corporation, organization or department possessing, harboring, keeping, having an interest in or having control or custody of an animal.
(17) “Police dog” means a dog used by a law enforcement agency, specially trained for law enforcement work and under the physical or verbal control of a dog handler.
(18) “Potentially dangerous animal” means any animal 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 streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any animal with a particularly known propensity, tendency or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of humans or domestic animals.
(19) “Premises” means any parcel of land and the structures thereon.
(20) “Proper enclosure” means securely confined indoors if no children live indoors, or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top and shall also provide protection from the elements for the animal and shall comply with the current standards of a national veterinarian, zoological, or animal protection organization for the humane and secure enclosure of the individual animal species. The animal authority shall be the final authority for determining whether an enclosure is proper.
(21) “Property” means anything of value, whether tangible or intangible, real or personal. Animals are personal property.
(22) “Provocation” includes, but is not limited to, a person committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or tormenting, abusing, or assaulting the animal, in any location, or has, in the past, been observed or reported to have tormented, abused, or assaulted an animal or has or was committing or attempting to commit a crime.
(23) “Public nuisance” means and includes any material violation of the provisions of this title. It also means and includes any unlawful act of omission or commission, which without any direct physical contact or interference endangers the lives, safety, health, comfort or property of the public.
(24) “Quarantine” means the strict confinement, isolation and observation of a domestic dog, cat, or ferret that has inflicted a bite upon any person and where such bite has broken the skin.
(25) “Service animal” means any animal, which is trained, or being trained to aid a person who is blind, hearing impaired, or otherwise disabled, is used for that purpose and is registered with a recognized service animal organization.
(26) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(27) “Sterilized” means animals rendered permanently incapable of reproducing by surgical alteration, implantation of a device, or other physical means. [Ord. 1133C §1, 2006]
6.05.020 Prohibited activities of animals.
It shall be unlawful and a public nuisance for owners or keepers of any animal to permit their animal to:
(1) Habitually bark, howl, yelp, or make any other noise which disturbs the peace and quiet of any person to an unreasonable degree within Lewis County.
(2) Snap, snarl, growl, bite, jump at or upon or otherwise threaten persons, or to chase, run after or jump at livestock, domestic animals or vehicles when such persons, livestock or vehicles are not on the property of the owner or keeper of the animal, or are upon the sidewalks, roads or public rights-of-way upon or adjacent to the property of the owner or keeper.
(3) Destroy or damage any plant or animal or any other property or thing of value or to open a closed garbage container or scatter the contents therefrom or to deposit excrement or other solid waste on the property of persons other than the owner of the animal.
(4) Be in the water of a designated swimming area of a public beach.
(5) Be in a park, public beach, pond, fountain or upon any public playground or school grounds and not under physical restraint of a person by tether or leash of 10 feet or less in length; provided, that this section shall not apply to any police dogs, service animals, animal shows or exhibitions, or organized dog training classes where approval is secured from the director of the Lewis County department of community services.
(6) Be a female animal in estrus (heat), not confined in a building or proper enclosure to come into contact with a male of the species, except for planned breeding, or be a male animal which strays, breaks into a pen of a female animal (properly confined) in estrus and subsequently impregnates the female. [Ord. 1133C §1, 2006]
6.05.030 Animals at large.
(1) It shall be unlawful for the owner or a person having control or custody of any animal to allow such animal to enter or trespass onto private property or another without the express permission of the owner or caretaker of said property; or to allow said animal to run at large onto any public property within Lewis County.
(2) An owner, or controller or custodian of an at-large animal, under subsection (1) of this section, which due to its size, habits, or natural propensities or instincts represents a potential threat of substantial bodily injury to people or damage to property and is not muzzled and under the physical restraint of a person of suitable age, discretion and capability to control such animal shall be guilty of a gross misdemeanor under LCC 6.05.090 and the animal shall be a public nuisance; provided, however, this section shall not apply to police dogs as defined in RCW 4.24.410. [Ord. 1133C §1, 2006]
6.05.040 Cruelty to animals.
It shall be unlawful for any person to:
(1) Recklessly kill, injure, torture, or torment any domestic animal.
(2) Negligently cause or allow any animal to endure pain, suffering, injury or to fail or neglect to aid or attempt to alleviate pain, suffering or injury he has caused to any animal.
(3) Neglect to provide adequate daily rations of food, water, air, light, space or shelter to any animal within his care, custody or control.
(4) Tether, confine or restrain any animal in such a way as to permit said animal to become frequently entangled in such tether, or render said animal incapable of consuming food or water, or access to shelter, or confine or restrain said animal in such a manner it is forced to lie in its own feces or any other material detrimental to its health.
(5) Abandon any animal by dropping off or leaving said animal on the street, road, or highway, or in a public place or private property. [Ord. 1133C §1, 2006]
6.05.050 Potentially dangerous and dangerous animals.
(1) Registration Required. It shall be unlawful for an owner of an animal declared dangerous by the animal control authority or the animal control division of another city, county or state to keep such animal unless such owner has procured a special registration. The special registration shall be obtained within five working days of commencement of residence in Lewis County, or five working days following declaration by the animal control authority or, if the declaration is timely appealed pursuant to this section, within seven working days following the mailing of a decision affirming such determination; provided, that the animal control authority may grant an extension upon a showing of good cause.
(2) Determination. The animal control authority may find cause to declare an animal potentially dangerous or dangerous if it has probable cause to believe that the animal falls within the definitions of this chapter. The animal control authority shall consider the following:
(a) Animal bite reports filed with the animal control authority or by health care providers with Lewis County Public Health; or
(b) Actions of the animal witnessed by any humane officer or law enforcement officer; or
(c) The designation by any animal control authority authorized under local or state laws or authority pursuant to Chapter 16.08 RCW; or
(d) Other relevant evidence.
(3) Potentially Dangerous Animal Declaration.
(a) Service. The declaration of a potentially dangerous or dangerous animal shall be in writing and shall be served on the owner in one of the following methods:
(i) Certified mail to the owner’s or keeper’s last known address, if known; or
(ii) Personally; or
(iii) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
(b) Content. The declaration shall state at least:
(i) A description of the animal;
(ii) The name and address of the owner or keeper of the animal, if known;
(iii) The whereabouts of the animal if it is not in the custody of the owner;
(iv) The facts upon which the declaration is based;
(v) The availability of a hearing in case the owner objects to the declaration and a request is made within five business days of notification;
(vi) The restrictions placed on the animal as a result of the declaration;
(vii) The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner.
(c) Appeal. The owner of an animal may object to the declaration of potentially dangerous animal by filing an appeal consistent with subsection (4)(e) of this section.
(4) Dangerous Animal Declaration.
(a) Informal Review. Prior to declaring an animal dangerous, the animal control authority shall notify the owner in writing that his or her animal has been identified as a dangerous animal.
(i) The notice shall inform the animal owner that he or she is entitled to an opportunity to meet with the authority to give, orally or in writing, any reasons or information as to why the animal should not be declared dangerous.
(ii) The notice shall also state the date, time, and location of the meeting, which must occur prior to expiration of 15 calendar days following delivery of the notice. The notice shall also contain the items in subsection (3)(b) of this section.
(iii) The owner may propose an alternative meeting date and time, but such meeting must occur within 15 calendar days of the notice’s delivery.
(iv) After such meeting, the authority must issue its final determination, in the form of a written order, within 15 calendar days.
(b) If the authority declares an animal to be 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 also contain the items in subsection (3)(b) of this section.
(c) Both the notice and 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 authority.
(d) The animal control authority shall notify the Lewis County public health officer of all animals declared dangerous.
(e) If the owner of the animal wishes to object to the declarations of potentially dangerous or dangerous animal:
(i) The owner may, within five working days of notification, request a hearing by submitting a written appeal to the department of community development and by meeting the requirements of LCC 2.25.130, as hereafter amended, and paying the fee amount stated in that section.
(ii) The appeal shall be heard within 10 calendar days by the hearing examiner.
(iii) If the hearing examiner finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled.
(iv) If the hearing examiner finds sufficient evidence to support the declaration, he/she shall uphold the declaration and may impose additional restrictions.
(v) A decision of the hearing examiner may be appealed by complying with the requirements of LCC 2.25.140 and as hereafter amended.
(f) Following service of the declaration, and pending appeals under this section, the animal control authority may, if circumstances require, impound the animal at the owner’s expense, pursuant to the provisions of this section.
(5) Registration Fees. The initial registration fee, which is approved annually and published in the fee schedule in Title 18, includes two official signs with warning symbol for a dangerous animal; there shall also be an annual renewal fee.
(6) Dangerous Animals - Additional Requirements.
(a) The animal control authority shall issue a registration certificate to the owner of a dangerous animal only if the owner presents to the animal control authority sufficient evidence of:
(i) A proper enclosure to confine a dangerous animal and the posting of the premises with a clearly visible warning sign(s) that there is a dangerous animal 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 animal; and
(ii) Ongoing veterinary care and current vaccinations against diseases potentially harmful to humans, unless a vaccine is not reasonably available or not USDA licensed for the particular species; and
(iii) Insurance:
(A) 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 animal; or
(B) 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 $250,000, insuring the owner for any personal injuries inflicted by the dangerous animal.
(b) The owner of a dangerous animal shall not permit the animal to be outside the proper enclosure unless the animal is muzzled and restrained by a substantial chain or leash of 10 feet or less in length and under physical restraint by a person of suitable age, discretion and capability to control such animal. The muzzle shall be made in a manner that will not cause injury to the animal or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(c) Any animal that is determined to be dangerous must be permanently identified. The county will determine the specific form of identification, but will make a good faith effort to accommodate the requests of the owner/keeper and the needs of the animal. Any cost associated with the identification procedure will be borne by the owner/keeper.
(7) Penalties. Notwithstanding the provisions of this code, and in addition to the penalties prescribed therein:
(a) Any animal declared dangerous shall be immediately confiscated if:
(i) The animal is not validly registered under this section;
(ii) The owner does not secure and maintain the surety bond or the liability insurance coverage required under this section;
(iii) The animal is not maintained in a proper enclosure;
(iv) The animal is outside of the dwelling of the owner, or outside of the proper enclosure, and not muzzled and restrained by a substantial chain or leash of 10 feet or less in length and under physical restraint of a responsible person.
(b) The owner of any animal confiscated under this subsection may recover such animal from the animal shelter division upon the payment of a civil penalty in the amount of $250.00 plus $7.00 per day for each day said animal has been in the control of the animal shelter division; provided, however, that the animal shall be destroyed in an expeditious and humane manner or placed with another person if the owner is not in compliance with subsections (7)(a)(i) through (iv) within 20 days of notification under subsection (7)(c) of this section, or has not redeemed the dangerous animal within 10 days of being notified by the animal control authority that such animal is under the control of the animal shelter division, as provided in subsection (7)(c) of this section.
(c) Upon confiscation of an animal, the animal control authority shall serve notice upon the animal owner in person or by regular and certified mail, return receipt requested. The notice shall specify the reason for the confiscation of the animal, that the owner is responsible for payment of the costs of confinement and control, and that the animal will be destroyed in an expeditious and humane manner if within 20 days the deficiencies that are the basis for the confiscation are not corrected or if the animal is not reclaimed within 10 days.
(d) The foregoing provisions for humane destruction of animals shall be subject to the appeal process in subsection (4)(e) of this section; provided, that a written appeal is filed with the animal control authority within five days of the impoundment.
(e) All individuals adopting a dangerous animal under subsection (7)(b) of this section shall first sign a release, pay to the county the redemption fee as listed in the schedule of fees in LCC Title 18, and shall comply with the requirements of subsection (6) of this section.
(8) Police Dogs. This chapter shall not apply to police dogs. [Ord. 1133C §1, 2006]
6.05.060 Impounding.
(1) The animal control authority may apprehend any animals regulated hereunder acting or kept in a manner contrary to this chapter, or any person may restrain any animal regulated hereunder for pick-up or delivery to the local animal shelter.
(2) After such animals are apprehended, the impound facility shall determine whether an owner can be identified, and, if an owner is identified, the impound facility shall attempt to notify the owner of the animal within 48 hours by telephone or certified mail or direct personal contact that the animal has been impounded and may be redeemed at the designated animal holding facility.
(3) Any animal impounded pursuant to this chapter shall be held for the owner not less than 72 hours after delivery of said animal to the Lewis County animal shelter. The 72-hour period must include three business days that the Lewis County animal shelter is open for business. Exceptions to this holding policy would be for any animal that is severely injured, diseased, or in any other manner poses a threat to the health, safety and welfare of other animals at the Lewis County animal shelter.
(4) Any animal not redeemed by its owner during the prescribed time, or which is suffering from serious injury or disease, may be humanely destroyed, or at the discretion of the impounding authority may be held for a longer period and adopted by any qualified person, upon payment of reasonable medical, impound and holding costs.
(5) Provided, however, that domestic animals suitable for adoption shall not be adopted without first being sterilized.
(6) No live animals shall be used, sold or donated for experimentation purposes.
(7) The owner of any animal impounded pursuant to the provisions of this section may recover said animal(s) when all billable costs incurred in such impoundment are tendered to the impound facility. [Ord. 1133C §1, 2006]
6.05.070 Injured or diseased animals.
(1) Any animal suffering from serious injury or disease may be humanely destroyed by the impounding authority; provided, that the impounding authority notify the owner, if the owner is known, prior to destroying the animal.
(2) The impounding authority must document the nature of the injury or disease and record the date that the animal was destroyed. [Ord. 1133C §1, 2006]
6.05.080 Redemption.
(1) Any animal impounded pursuant to the provisions of this chapter may be redeemed upon payment of the redemption fee as herein provided and upon evidence the violation has been corrected.
(2) The redemption fee for an animal is the cost of impoundment and care of the animal. The fee is in the amount set in the schedule of fees published in Title 18 of this code.
(3) In the event livestock are not claimed or redeemed by the owner, they may be sold at public auction with the proceeds of the sales used to offset the county’s cost of care and deposited to the general fund with the remainder to the owner, if known, or may be adopted at the discretion of the Lewis County animal shelter. [Ord. 1133C §1, 2006]
6.05.090 Violation - Penalties.
(1) Any violation of LCC 6.05.020 and 6.05.030(1) shall be subject to the monetary penalties in LCC 1.20.020 and 1.20.040.
(2) Any violation of LCC 6.05.030(2) and 6.05.040 through 6.05.060 shall be a gross misdemeanor punishable as provided in RCW 9A.20.021. [Ord. 1133C §1, 2006]