Chapter 7.04
ANIMAL CONTROL

Sections:

7.04.020    Animal running at large.

7.04.021    Nuisance feeding prohibited.

7.04.030    Injury to property by an animal.

7.04.040    Animal chasing vehicles.

7.04.050    Animal howling and barking.

7.04.060    Stray animal.

7.04.070    Female dog or female cat in heat.

7.04.080    Keeping of livestock animals.

7.04.090    Injured or diseased animals.

7.04.100    Cruelty to animals.

7.04.110    Animal waste.

7.04.120    Horses on sidewalks prohibited.

7.04.130    Public nuisance – Violation.

7.04.140    Witnessing violations – Impoundment – Citations.

7.04.150    Repealed.

7.04.160    Animal fighting – Owners, trainers, spectators – Exceptions.

7.04.170    Violation – Penalty – Civil infraction.

7.04.180    Violations – Abatement.

7.04.020 Animal running at large.

It is unlawful for the owner or person having control of any animal to suffer or permit under any circumstances the same, whether licensed or not, to run at large. Any animal so straying or trespassing is a public nuisance and shall be immediately seized and impounded; provided, that this section shall not prohibit a person from walking or exercising such animal when such animal is on a leash or under control by a competent person, and proper safeguards are taken to protect public and private property and the public from injury or damage from such animal. (Ord. 003-05 § 2; Ord. 1750 § 3, 1999).

7.04.021 Nuisance feeding prohibited.

(1) The feeding of any animal except birds, including hand feeding or the placing or setting out of food to be left attended or unattended, which creates or has the potential to create a hazard to public health or safety, is hereby declared to be a public nuisance and to be unlawful.

(2) To feed or allow any animal to feed outdoors at such times and in such numbers that feeding animals create an unreasonable disturbance or accumulation of animal waste on surrounding properties, including public property, is hereby declared to be a public nuisance and to be unlawful. (Ord. 003-05 § 3).

7.04.030 Injury to property by an animal.

It is unlawful for any owner to suffer or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value, and the same is a nuisance and any such animal may be seized and impounded. (Ord. 1750 § 3, 1999).

7.04.040 Animal chasing vehicles.

It is unlawful for any owner keeping or harboring any dog to suffer or permit such dog to chase, run after or jump at vehicles using the public streets, avenues, alleys and ways within the city, and the same is a nuisance and any such dog may be seized and impounded. (Ord. 1750 § 3, 1999).

7.04.050 Animal howling and barking.

It is unlawful for an owner or keeper of any animal to harbor, maintain or keep such animal which, by frequent or habitual howling, barking, yelping or other noises, unreasonably annoys or disturbs one or more persons in a neighborhood. Any such animal is a nuisance and may be seized and impounded. (Ord. 1750 § 3, 1999).

7.04.060 Stray animal.

Any stray animal running at large within the city is a nuisance, and any such stray animal may be seized and impounded.

The city police, or the authorized agent of the city, before picking up any animal under this section, may require the complainant requesting such impounding first to apprehend and secure such animal. The complainant shall sign a release at the time such animal is picked up.

It shall be the duty of each and every person who takes into his possession or custody any stray animal not placed in his custody by the person having lawful ownership, custody or control thereof at once to notify Port Orchard police department and/or the animal control authority giving a detailed description of the animal. In the event the rightful owner is unknown, and the person having possession or custody of the stray animal desires to assume ownership of the stray animal, they may do so after notifying the animal control authority and obtaining a license, if one is required for the type of animal found. If the owner of the animal is known or comes forward to identify themself as the owner of the animal, it is unlawful to refuse to release such animal to an officer of the Port Orchard police department, the animal control authority or rightful owner of the animal upon demand and without charge. Every effort must be made by the person finding the stray animal and the animal control authority to identify the rightful owner. (Ord. 1750 § 3, 1999).

7.04.070 Female dog or female cat in heat.

It is unlawful for any owner or keeper of any female dog or female cat to allow or permit such animal to be or to run at large while in heat, whether or not such animal is licensed, and any such animal so running at large during such period is a nuisance and may be seized and impounded.

It is further unlawful to tie, chain or otherwise leave unattended and not under the control of competent person, on the premises of the owner of keeper, whether or not such premises are fenced, such female dog or female cat in heat.

It is further unlawful to fail to keep such female dog or female cat while in heat confined within the residence of the owner or keeper, or confined within such other building or structure that is dog-proof or cat-proof.

If such female dog or female cat, during said heat period attracts male dogs or male cats so as to cause a nuisance or disturbance in the neighborhood, the owner or keeper of such animal may be required to place the animal in a veterinary hospital or boarding kennel, or otherwise to remove the animal from the neighborhood, and it is unlawful to fail or refuse to do so. (Ord. 1750 § 3, 1999).

7.04.080 Keeping of livestock animals.

It is unlawful for an owner or keeper of all livestock animals such as goats, horses, mules, cattle, swine, or other hoofed livestock to keep it or them upon property less than one acre, or house, corral or pen it or them in an area less than 50 feet from any adjacent property line. (Ord. 1750 § 3, 1999).

7.04.090 Injured or diseased animals.

Any animal suffering from serious injury or disease may be humanely destroyed at the discretion of an officer of Port Orchard police department or of the animal control authority. The owner of the animal shall be notified of such action if the animal is wearing a license tag or identification tag, or if the owner or keeper is otherwise known. (Ord. 1750 § 3, 1999).

7.04.100 Cruelty to animals.

The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are adopted by reference as if fully set forth in this chapter: RCW 16.52.207. (Ord. 1891 § 1, 2003; Ord. 1750 § 3, 1999).

7.04.110 Animal waste.

(1) It shall be unlawful for the owner or 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.

(2) It shall be unlawful for the owner or person having charge of any animal, to take said animal, off of the private property of said person without having in the possession of the owner or person having charge of the animal, a proper means of disposal for the feces of the animal.

(3) Disposal is defined, for the purpose of this section, as the removal of feces by means of a bag, scoop or other device and an eventual disposal in a trash receptacle, by burying or by other means of lawful disposal. (Ord. 1750 § 3, 1999).

7.04.120 Horses on sidewalks prohibited.

It is unlawful for any person to ride, lead or allow any horse, mare, pony, or similar hoofed animal on any sidewalk within the city of Port Orchard. (Ord. 1750 § 3, 1999).

7.04.130 Public nuisance – Violation.

An animal involved in any violation of any portion of this section is declared to be a public nuisance, and may be impounded and held in accordance with the provisions of this section.

It is a violation of this section for any owner to fail to exercise proper care and control of their animal to prevent it from becoming a public nuisance. (Ord. 1750 § 3, 1999).

7.04.140 Witnessing violations – Impoundment – Citations.

Any officer of Port Orchard police department or of the animal control authority, upon personally witnessing any violation of the provisions of this chapter, may enter onto the premises of the owner or keeper of such dog, cat or other animal and, without court order, may seize and impound such animal if the owner or keeper of the animal cannot be contacted at the residence, or if such owner or keeper refuses or fails to abate such nuisance immediately; provided, that nothing herein contained shall be construed to allow or permit such officer to enter the dwelling of the owner or keeper, without such owner’s or keeper’s permission, to seize and impound such animal.

Any officer of Port Orchard police department or of the animal control authority, upon personally witnessing any violation of the provisions of this chapter, may issue an arrest citation to the owner or keeper of the animal. (Ord. 1750 § 3, 1999).

7.04.150 Violation – Penalty – Misdemeanor.

Repealed by Ord. 1891. (Ord. 1750 § 3, 1999).

7.04.160 Animal fighting – Owners, trainers, spectators – Exceptions.

The following section of the Revised Code of Washington (RCW), and any amendments thereto, is adopted by reference as if fully set forth in this chapter: RCW 16.52.117. (Ord. 1891 § 2, 2003; Ord. 1750 § 3, 1999).

7.04.170 Violation – Penalty – Civil infraction.

Except as otherwise provided, any person violating any provisions of this chapter, or who creates, keeps or maintains a nuisance as defined in this chapter is guilty of a civil infraction. The fine for any infraction shall be $40.00 for the first violation, $75.00 for the second infraction committed within one year and $100.00 for the third and subsequent infractions committed within one year. Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infraction. (Ord. 1891 § 3, 2003; Ord. 1750 § 3, 1999).

7.04.180 Violations – Abatement.

(1) In addition to fines, persons violating this chapter may be ordered by the court to abate or remove the animal. Furthermore, upon determining the animal is vicious or dangerous, the court may order the animal destroyed. If the violator does not carry out the court’s order within 24 hours, a court authorized officer shall do the same. Any order to remove, abate, or destroy shall be entered into the record and made part of the judgment.

(2) Violators shall be liable for all costs of carrying out the court’s order when performed by an officer, such costs to be taxed as part of the prosecution costs. Officers who carry out the court order shall keep an accounting of the costs. In addition to the powers herein given to collect such costs, the city may bring suit for costs in a competent court against the violator. (Ord. 1750 § 3, 1999).