Chapter 6.04
DOG AND ANIMAL CONTROL1

Sections:

6.04.005    Preamble.

6.04.010    Definitions.

6.04.020    Chapter supplementary.

6.04.030    License required.

6.04.040    License fee and tag.

6.04.050    License and permit issuance and revocation.

6.04.060    Dogs barking.

6.04.070    Restraint upon notification.

6.04.080    Running at large.

6.04.090    Rabies control.

6.04.100    Kennel license required.

6.04.110    Vicious animals.

6.04.120    RCW Chapter 16.08 Dangerous Dogs.

6.04.130    Appeal process.

6.04.140    Reserved.

6.04.150    Impoundment procedure—Disposition.

6.04.160    Guard dogs.

6.04.170    Confinement of females in heat.

6.04.180    Responsibility of owner or custodian.

6.04.190    Further responsibility of owner or custodian.

6.04.193    Interference with animal control officer.

6.04.197    Fees.

6.04.200    Records.

6.04.210    Animal control officers.

6.04.220    Exotic animals.

6.04.230    Violation—Penalty.

6.04.240    Severability.

6.04.005 Preamble.

The city council of the city of Mattawa in accordance with its duty to safeguard the safety of the citizens of the city of Mattawa finds and declares that it is in the best interest of the citizens of the city of Mattawa that the following ordinance, codified in this chapter, regarding animal control be enacted.

(Ord. No. 514, § 1, 2-3-11).

6.04.010 Definitions.

When used in this chapter, the following words shall have the following meanings:

“Abandonment” means leaving of an animal by its owner or other person or persons responsible for its care or custody without making effective provisions for its proper care.

“Animal” means any animal other than humans.

“Animal control officer” means any person or persons empowered by the city to enforce the provisions of this chapter, including police officers.

“Cat” means any animal of the species felidae, regardless of sex.

“Common areas” means common areas of a condominium, town house, or apartment building and includes, but is not limited to, the yards, grounds, patios, garden areas, play areas, clubhouses, swimming pools, sidewalks, walkways, common garage areas, entry ways, hallways and driveways.

“Dog owner” means any person, firm, partnership, corporation, trust arrangement, or the like who owns, keeps, or harbors a dog or dogs.

“Dog” means any animal of the canidae, regardless of sex.

“Exotic animal” means any animal which, when in its wild state, or due to its size, habits, natural propensities, training or instinct, presents a danger or potential danger to human beings and is capable of inflicting serious physical harm upon human beings, and includes inherently dangerous mammals and reptiles as follows:

1. “Inherently dangerous mammal” means any live member of the canidae, felidae, or ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and which includes:

a. Canidae, including any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, including wolf hybrids which are a cross between a wolf and domestic dog, but not including domestic dogs (Canis familiaris). Common names include wolf, coyote, jackal, hyena, fox, and all their hybrids;

b. Felidae, including any member of the cat family weighing over fifteen pounds not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (felis catus);

c. Ursidae, including any member of the bear family, or any hybrids thereof.

2. “Inherently dangerous reptile” means any live member of the class reptilia which:

a. Is venomous, including but not necessarily limited to all members of the following families: Helodermidae (beaded lizards including gila monster, Mexican beaded lizard); Viperidae (vipers and adders); Crotalidae (pit vipers); Atraciaspididae (mole vipers); Hydrophilidae (sea snakes); and Elapidae (cobras); or

b. Is a “rear fanged” snake of the family colubridae (rear fanged snakes) that are known to be dangerous to humans, including, but not necessarily limited to, all members of the following families: Dispholidus typus (boom-slang snake); thebtornis kirtlandii (twig snake); and Rhabdophis ssp. (speckled belly keelback and red necked keelback); or

c. Is a member of the order crocodilia (crocodiles, alligators, and caiman) over two feet in length.

“Guard dog” means a dog trained to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog. These dogs must be registered with the city as a guard dog.

“Household pets” means dogs, cats, rabbits, mice, hamsters, gerbils, parakeets, canaries, finches, and other similar exotic fowl and songbirds, reptiles, amphibians, fish and similar small animals and fowl kept inside a residence for companionship and/or personal enjoyment so long as they are not a danger to other persons or property. All other animals are prohibited within the city unless otherwise provided herein.

“Kennel” means any lot or premises on which four or more dogs over four months of age are kept.

“Mistreatment” means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.

“Neglect” means failure to provide food, water, protection from the elements, opportunity for exercise, or other care normal, usual and proper for animal’s health and well-being.

“Owner” or “custodian” means any person, firm, partnership, corporation, trust arrangement, or the like who shall keep, maintain, control, care for, or be responsible for keeping, maintaining, or caring for any animal.

“Potentially dangerous dog” and “dangerous dog” have the meaning given them in Chapter 16.08 RCW as now enacted or hereafter amended.

“Vicious animal” means any animal that constitutes a physical threat to humans or other domestic animals, whether or not such animal has ever displayed any vicious tendencies, bitten, attacked, or threatened any person or domestic animal before that time. This is a specific abandonment of the common law concept that every dog was allowed one vicious act before being declared vicious.

All other words and phrases used herein will have their commonly accepted meanings.

(Ord. No. 594, § 1, 2-2-17; Ord. No. 550, § 1, 7-3-14; Ord. No. 514, § 1, 2-3-11).

6.04.020 Chapter supplementary.

The provisions of this chapter shall be supplementary to the provisions of RCW Chapter 16.08 relating to dangerous dogs.

(Ord. No. 514, § 1, 2-3-11).

6.04.030 License required.

It is unlawful for any person or persons to own or harbor any dog over the age of six months within the corporate limits of the city, unless such person or persons first procures a license therefor as provided in this chapter except for tourists.

(Ord. No. 514, § 1, 2-3-11).

6.04.040 License fee and tag.

The license fee shall be in the sum of ten dollars per year for neutered male dogs and spayed female dogs, and fifteen dollars per year for nonneutered male and unspayed female dogs. An additional charge of five dollars per month shall be added to any license purchased after January of each year or more than one month after the animal is required to be licensed under this chapter. Upon the payment of such license fee to the city clerk and upon being shown proof of a current rabies vaccination, it shall be the duty of the city clerk to issue a license to the party making application therefor.

A. The license shall expire on the first day of January next succeeding the date of the issuance thereof and the time fixed for the issuing of a license shall commence on the first day of January of each year and no license shall be issued to expire at any other time than that date. The license fee shall be paid in full for any year or part thereof.

B. The clerk shall, together with the license, furnish a suitable tag which shall be worn by the dog for which such license is issued and shall be fastened to such dog in such manner that it can easily be inspected to all times by city authorities. Lost tags will be replaced by the clerk upon a payment of an additional fee of five dollars.

C. All persons must present a current rabies vaccination receipt before a true dog license can be obtained.

D. The person licensing a dog shall verify the breed of the dog at the time of licensing and that breed name shall be recorded by the clerk.

E. All potentially dangerous dogs shall be required to show proof they have been spayed or neutered.

F. It is unlawful for any person, who for purposes of securing the license, to falsely represent the breed, age or sex of any dog, or that the dog has been spayed or neutered.

G. No person may use any license for any animal other than the animal for which it was issued.

H. No license shall be issued for any dangerous dog as defined in RCW Chapter 16.08 or this chapter.

I. It shall be the duty of the clerk to keep a record which shall include the following information:

a. Names, address and telephone number of any person to whom a license is issued;

b. Description and name of the dog for which the license is sought;

c. Whether the dog is a male or female dog and whether the male dog has been neutered or the female dog spayed;

d. Number of each license issued;

e. Record of rabies vaccination.

(Ord. No. 514, § 1, 2-3-11).

6.04.050 License and permit issuance and revocation.

A. The city may revoke any animal permit or license if the person holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by the city, or any law governing the protection and keeping of animals.

B. Any person whose animal permit or license is revoked shall, within ten days thereafter, humanely dispose of all animals owned, kept, or harbored by such person and no part of the permit or license fee shall be refunded.

C. It shall be a condition of the issuance of any permit or license that the city shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.

D. If the applicant has withheld or falsified any information on the application, the city shall refuse to issue or may revoke a permit or license.

E. No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.

F. Any person having been denied a license or permit may not reapply for a period of thirty days. Each reapplication shall be accompanied by a twenty dollar fee.

G. Any dog impounded under the provisions of this chapter shall not be released until the owner of such dog shall have paid all fees and charges due.

(Ord. No. 514, § 1, 2-3-11).

6.04.060 Dogs barking.

It shall be the duty of the city animal control officer to respond to and investigate complaints of any dog which by frequent or habitual howling, yelping or barking annoys or disturbs a neighborhood or the quiet and repose of a complainant, and shall have the authority to issue a notice of infraction if warranted.

(Ord. No. 514, § 1, 2-3-11).

6.04.070 Restraint upon notification.

Immediately upon personal notification, or forty-eight hours’ public notification, all dogs may be required to be restrained for a designated period of time.

(Ord. No. 514, § 1, 2-3-11).

6.04.080 Running at large.

A. It is unlawful for any owner or custodian of any dog to permit any such dog to run loose or be at large upon any public street, highway, or public place, or upon private property owned by a person or persons other than the owner or custodian of the dog, within the corporate limits of the city unless such dog is controlled by a leash, rope, device, or cord of such length as is sufficiently short to allow for the containment and control of such dog; provided, however, that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. Any person who elects to be at large within the corporate limits of the city with a dog or dogs contained and controlled by a leash, rope, device, or cord as provided for herein shall be in violation of this section if that person in fact does not or cannot control and contain any dog by the leash, rope, device, or cord method. Furthermore, this section shall not apply to dogs which are in special areas designated by the city as dog training areas or designated off-leash parks, and as long as the regulations of the city, or its authorized representative, with respect to the use of such areas are complied with and said dogs are under the custody and control of the owner or custodian.

B. Animals injured or killed in the street shall be considered as running at large; the animal control officer shall remove all such animals and, at his discretion, take those needing medical attention to a veterinarian. The owner of any such animal shall be responsible for all expenses of the treatment and of the impoundment. All reasonable efforts will be made to notify the owner or custodian of any such animal prior to the animal being treated and impounded. Injured animals may be destroyed humanely, if it is determined by the animal control officer or a veterinarian that the animal has sustained critical injuries, suffering is extreme, and/or the prognosis for recovery is poor. The animal control officer shall consult with a veterinarian as to the disposition of injured animals, when the animals’ prognosis cannot be ascertained with reasonable certainty.

C. If a dog owner has received four or more running-at-large violations within a twelve-month period, the city may find and declare the dog owner to be a problem dog owner and shall revoke all dog licenses issued to the dog owner upon service of a notice of problem dog owner. The notice shall be in writing and shall contain the name and address of the owner who is subject to the revocation, a description of the violations forming a basis for the finding, a description of all dogs licensed to the owner, notification of the right to a hearing pursuant to Section 6.04.130, and a summary of the effects of the revocation of all dog licenses, requirements for impound, and the potential penalties for violation of the restrictions. The finding and declaration of problem dog owner shall become final unless an appeal is filed. Once the finding and declaration of problem dog owner is final, the owner shall immediately surrender all dogs of the problem dog owner to an animal control officer or police officer for disposal. A problem dog owner is prohibited from licensing, owning, keeping, or harboring any dog in the city for a period of twelve months. Such animals are considered a nuisance and the correction of that nuisance is accomplished by the seizure and disposal of all dogs located at the offending address.

(Ord. No. 594, § 2, 2-2-17; Ord. No. 514, § 1, 2-3-11).

6.04.090 Rabies control.

A. All cats and dogs over the age of four months or dogs with a full set of canine teeth shall have a current rabies vaccination administered by a licensed veterinarian. An owner acquiring a dog or cat shall have such a dog or cat inoculated against rabies within thirty days after the dog or cat reaches four months of age. Any person moving into the city from a location outside of the city shall comply with this section thirty days after having moved into the city. A current rabies vaccination means that a dog or cat vaccinated between three months to one year shall be revaccinated within one year and then revaccinated at least within every three years thereafter.

B. Any dog, cat or other animal that has bitten any person shall be immediately confined for a period of ten 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 other animal that has bitten any person to destroy such animal before it can be properly confined by the animal control officer. The location of such confinement shall be determined by the animal control officer and shall be at the expense of the owner.

D. The owner of any animal that has been reported as having inflicted a bite on any person shall, on demand of an animal control officer, produce such animal for examination and quarantine as prescribed in this section. If the owner, his agent, servant or competent member of his family, or any custodian of any such animal refuses to produce such animal, the owner, his agent, servant, or competent member of his family, or any custodian shall be subject to immediate arrest if there shall be probable cause to believe that the animal has inflicted a bite upon a person and the owner, his agent, servant or competent member of his family, or any custodian is keeping or harboring the animal and willfully refuses to produce the animal upon such demand. Such person shall be taken before a judge of the district court, who may order the immediate production of the animal. If the owner, his agent, servant or competent member of his family, or any custodian of such animal shall willfully or knowingly secrete or refuse to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this section.

E. 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 him of any reports of human contact with such rabid dog. If any animal under quarantine dies while under observation, the animal control officer or his agent shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as a diagnosis is made available, 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.

F. Every physician or other medical practitioner who treats a person or persons for bites inflicted by animals shall report such treatment to the animal control officer, giving names and addresses of such persons.

G. 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 ten days.

H. 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. No. 514, § 1, 2-3-11).

6.04.100 Kennel license required.

No person, group of persons, or business entity shall own, keep or harbor more than four dogs, of six months of age or older or engage in the commercial business of breeding, buying, selling, trading, training or boarding dogs without having obtained a kennel license from the clerk.

A. The kennel license shall expire on the first day of January next succeeding the date of the issuance thereof. The time fixed for the issuing of a license shall commence on the first day of January of each year and no license shall be issued to expire at any other time than that date. The license fee shall be paid in full for any year or part thereof.

B. The yearly fee for licensing a kennel shall be one hundred fifty dollars which shall be the only business license fee the city requires of kennel owners.

C. This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal clinic or hospital.

D. This section shall not apply to and will not be construed to require a kennel license for any pet shop which sells animals of less than six months of age.

E. Kennel licenses shall not be issued for use in areas zoned residential.

(Ord. No. 514, § 1, 2-3-11).

6.04.110 Vicious animals.

A. No one shall keep, possess or harbor vicious animals within the city. It shall be the duty of the animal control officer or his/her agents to impound such animal upon the written complaint of three individuals residing in separate households, and may do so in all other instances where the animal control officer or his/her agents determine, in their opinion, that the animal is vicious; and if impoundment cannot be made with safety to the animal control officer or other citizens, the animal may be destroyed without notice to the owner, keeper or possessor.

B. Dogs maintained as guard dogs or placed in an enclosed area, chained or under control with a leash, cord, reasonable in length, for protection of persons or property shall not be included under this section so long as they remain confined to a specific area under complete and absolute control of their owner or custodian.

C. If an animal is impounded because it is vicious, a mandatory court appearance is necessary, and the animal shall not be released to the owner or custodian until after the court appearance unless the owner agrees with the city attorney to have the animal placed outside the corporate limits of the city, or agrees to have the animal euthanized.

D. Having a vicious animal is declared to be a nuisance, and may be abated as such as prescribed by law.

(Ord. No. 514, § 1, 2-3-11).

6.04.120 RCW Chapter 16.08 Dangerous Dogs.

No one shall keep, possess or harbor a dangerous dog, as defined in RCW 16.08.070, as now enacted or hereafter amended, within the city. It shall be the duty of the animal control officer or any police officer to impound such animal at the owner’s expense. Upon the discovery of a dangerous dog within the city limits, the city shall provide notice and copies of the relevant rules and laws via certified mail or personal service to the owner or custodian of the dog. The owner or custodian shall then have ten days from the date of the original notice to remove the dog from the city. Failure to comply will result in a C-20 penalty, seizure and destruction of the dog. If impoundment cannot be made with safety to the animal control officer, police officer, or other citizens, the animal may be destroyed without notice to the owner, keeper or possessor. The animal control officer or any police officer shall have the authority to declare an animal dangerous, based upon the severity of the bite or attack, in accordance with RCW 16.08, as now enacted or hereafter amended. If an animal has been previously declared as potentially dangerous, pursuant to RCW Chapter 16.08, the animal control officer or police officer shall have the authority to declare the dog as dangerous and/or seize the dog immediately for any behavior that the officer deems as threatening in accordance with RCW Chapter 16.08, as now enacted or hereafter amended.

(Ord. No. 514, § 1, 2-3-11).

6.04.130 Appeal process.

Upon determination by the animal control officer or a police officer that a dog is dangerous as defined by RCW 16.08.070, as now enacted or hereafter amended, or to declare a dog owner a problem dog owner under Section 6.04.080, the city shall provide notice of such determination and an opportunity for appeal, as required by RCW 16.08.080, as now enacted or hereafter amended, or Section 6.04.080. If the owner requests an appeal and thereafter fails to attend or participate in any such appeal, or notifies the city of such intent, the owner is deemed to have waived any such rights to appeal or challenge the determination.

A. Following an appeal, the city will issue its final determination, in the form of a written order by certified mail, as provided by RCW 16.08.080, as now enacted or hereafter amended, or Section 6.04.080.

B. Appeals of the final determination shall be to the hearing examiner. Any appeal of the city staff decision must be filed in writing within twenty days of the date of the final determination notice. While the appeal is pending, the dog shall be confined at the owner’s expense in the city’s pound facility.

C. For dangerous dogs, if, after all administrative appeals have been held, waived or otherwise disposed of, ten days pass and the owner has not reclaimed the dog, any dangerous or vicious dog still in the custody of the city is deemed to have been abandoned and may be destroyed in accordance with Section 6.04.110 of this chapter.

(Ord. No. 594, § 3, 2-2-17; Ord. No. 514, § 1, 2-3-11).

6.04.140 Reserved.2

6.04.150 Impoundment procedure—Disposition.

A. Any dog found running at large contrary to the provisions of this chapter within the corporate limits of the city shall be subject to seizure by a police officer, animal control officer, or any other city authority designated by the mayor for the purpose of seizing such dogs. Any private person shall have the right to seize any such dog and to immediately notify the animal control officer.

B. Dogs thus taken into custody shall be adequately fed and humanely treated. The owner or other person entitled to possession of such a dog may redeem the dog upon payment to the city of a fee of fifteen dollars together with the sum of six dollars for each day the dog is kept by the city. It shall be the duty of the city to identify and notify the owner that his/her dog has been impounded if the dog is wearing its current city issued dog license at the time of capture. Dogs impounded not wearing a current city issued dog license are deemed unowned and the city has no duty to notify any custodian or owner of the location and status of the dog. Any dog claimed from the city impound which is not currently licensed will be required to be licensed before release. Depending on the circumstances of the impoundment, the owner may also be subject to an infraction for allowing the dog to run at large.

C. Any other animal which may be impounded under the provisions of this chapter shall also be subject to seizure by a police officer, animal control officer, or any other city authority designated by the mayor for the purpose of seizing such animal.

D. Alternatively, the animal control officer or any police officer who finds any dogs running at large may issue a notice of infraction to the owner of such animal requiring that person to either forfeit a civil penalty or appear in the district court.

E. Any dog seized under the provisions of this chapter which is not claimed within forty-eight hours, excluding holidays and Sundays, from the time of impounding, may be put to death, or otherwise disposed of as directed by the police chief or animal control officer. Any funds received from the sale of any dogs, in addition to the cost of boarding the dogs, shall be placed in the current expense funds of the city.

(Ord. No. 514, § 1, 2-3-11).

6.04.160 Guard dogs.

It is unlawful to place or maintain guard dogs in any area for the protection of persons or property unless the following conditions are met:

A. The dogs shall be confined to an enclosed area adequate to insure that they will not escape; or

B. They shall be under the absolute control of a handler at all times; and

C. Warning signs shall be conspicuously posted indicating the presence of guard dogs, and such signs shall plainly show a telephone number where some person responsible for controlling such dogs can be reached at all times; and

D. Prior to the posting of guard dogs on any property, the person or persons responsible for the posting shall inform the animal control officer in writing of their intention to post such dogs, the number of dogs to be posted, the location where such dog or dogs will be posted and the approximate length of time such dog or dogs will be patrolling the area.

(Ord. No. 514, § 1, 2-3-11).

6.04.170 Confinement of females in heat.

Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure, and such area of enclosure shall be so constructed that no other dog or dogs may gain access to the confined animal. The animal control officer shall order any unspayed female that is in the stage of estrus (heat) and that is not properly confined or any such dog that is creating a neighborhood nuisance to be removed to a boarding kennel or to a veterinary hospital. All expenses incurred as a result of the confinement shall be paid by the owner. Failure to comply with the order of the animal control officer shall be a violation of these provisions, and the animal shall then be impounded and prescribed in this chapter subject to monetary penalties and charges as directed.

(Ord. No. 514, § 1, 2-3-11).

6.04.180 Responsibility of owner or custodian.

It is the responsibility of the owner or custodian of any animal within the corporate limits of the city to so control and care for their animal so as to prevent and keep that animal from being in violation of this chapter. In any proceeding to enforce the provisions of this chapter, it shall be conclusively presumed that the owner or custodian of any animal within the corporate limits of the city is aware of the animal’s whereabouts, condition, or method of being treated and/or maintained.

(Ord. No. 514, § 1, 2-3-11).

6.04.190 Further responsibility of owner or custodian.

The owner or custodian of any animal within the corporate limits of the city shall be responsible for any cost, charge, fee or expense of any nature incurred by the city in capturing, controlling, caring for or destroying any animal in violation of this chapter. Without limitation but by way of illustration, the following are examples of costs, charges, fees and expenses which the owner or custodian shall be responsible to pay to the city: board charges, tranquilizer costs, euthanasia costs, veterinary expenses.

(Ord. No. 514, § 1, 2-3-11).

6.04.193 Interference with animal control officer.

It is unlawful for any person to interfere with, molest, hinder or obstruct an animal control officer or any city employee or official in the discharge of his official duties under this chapter.

(Ord. No. 514, § 1, 2-3-11).

Editor’s note—Ord. No. 514, § 1, adopted February 3, 2011, set out provisions intended for use as Section 6.04.200. For purposes of classification, and at the editor’s discretion, these provisions have been included as Section 6.04.193

6.04.197 Fees.

Any dog impounded under the provisions of this chapter shall not be released until the owner of such dog shall have paid all fees and charges due.

(Ord. No. 514, § 1, 2-3-11).

Editor’s note—Ord. No. 514, § 1, adopted February 3, 2011, set out provisions intended for use as Section 6.04.190. For purposes of classification, and at the editor’s discretion, these provisions have been included as Section 6.04.197

6.04.200 Records.

A. It shall be the duty of the animal control officer to keep, or cause to be kept, accurate and detailed records of reports of animal bites reported to him.

B. It shall be the duty of the city clerk to keep a record of the names of all persons to whom licenses are issued with the number of each license and whether for a male or female dog or whether the male dog has been neutered or the female dog spayed.

(Ord. No. 514, § 1, 2-3-11).

6.04.210 Animal control officers.

A. There is created within the city the position of animal control officer. Such animal control officer shall be an employee of the city who shall be designated by the mayor to perform the duties specified in this chapter.

B. It shall be the duty of the animal control officer to investigate reports of apparent violations of this chapter. The animal control officer is empowered by this chapter to issue a notice of infraction in the name of the city to any person known to be the owner or keeper of any dog which is in violation of the provisions of this chapter.

C. The city police may also issue notices of infraction in the name of the city or violations of this chapter and perform any duties of an animal control officer.

(Ord. No. 514, § 1, 2-3-11).

6.04.220 Exotic animals.

It is unlawful for any person to bring into the city, or to possess or maintain within the city, any exotic animal as defined in Section 6.04.020.

(Ord. No. 514, § 1, 2-3-11).

6.04.230 Violation—Penalty.

Failure to comply with any provision of this chapter shall subject the violator to the following penalties as they are defined in Chapter 1.08, or its successor if there be any:

A. No license on dog (Section 6.04.040):

1. First offense—C-4;

2. Subsequent offense within twelve months, each—C-9.

B. No kennel license (Section 6.04.100)—C-15.

C. Failure to renew license (Section 6.04.040)—C-9.

D. Failure to confine the biting animal (Section 6.04.090):

1. First offense—C-7;

2. Each subsequent offense—C-12.

E. Refusal or failure to produce rabid animal (Section 6.04.090)—C-20.

F. Dog running at large (Section 6.04.080):

1. First offense—C-10;

2. Second offense—C-12;

3. Each subsequent offense—C-13.

G. Keeping vicious animal (Section 6.04.110):

1. First offense—C-12;

2. Each subsequent offense—C-13.

H. Dogs barking (Section 6.04.060):

1. First offense—C-7;

2. Second offense—C-11;

3. Each subsequent offense—C-14;

I. Guard dog in violation of conditions (Section 6.04.150):

1. First offense—C-7;

2. Each subsequent offense—C-12.

J. Failure to confine female dog in estrus (heat) (Section 6.04.170):

1. First offense—C-6;

2. Each subsequent offense—C-8.

K. Obstructing animal control officer or police officer (Section 6.04.200)—C-12.

L. Failure to provide evidence of rabies vaccination (Section 6.04.090)—C-5.

M. Keeping an animal not permitted under this chapter penalty not otherwise provided (Section 6.04.010)—C-12.

N. Keeping exotic animal (Section 6.04.220)—C-20.

(Ord. No. 514, § 1, 2-3-11).

6.04.240 Severability.

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.

(Ord. No. 514, § 1, 2-3-11).


1

Editor’s note—Ord. No. 514, § 1, adopted February 3, 2011, repealed the former Chapter 6.04, §§ 6.04.0106.04.130, and enacted a new Chapter 6.04 as set out herein. The former Chapter 6.04 pertained to dogs and derived from Ord. No. 170. 1983; Ord. No 197, 1987; Ord. No. 275, 1993; Ord. No. 304, 1994; Ord. No. 305, 1994 and Ord. No. 407, 2001.


2

Editor’s note—Ord. No. 550, § 2, adopted July 3, 2014, repealed the former § 6.04.140, which pertained to city defined dangerous dogs and derived from Ord. No. 514, 2011.