Chapter 8.05 ANIMAL CONTROL

"Abandonment" means leaving of an animal by its owner or owners 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 the City employee primarily responsible for the enforcement of this chapter.

"Animal shelter" means the facility designed by the City for the boarding and caring of any animal impounded under the provisions of this chapter or any other ordinance or law of the state of Washington.

"Cats" means any animal of the species Felidae, regardless of sex.

"Certified purebred dog" shall mean a dog that is registered as purebred by the American Kennel Club or the United Kennel Club.

"Common areas of a condominium, townhouse or apartment buildings" include but are not limited to the yards, grounds, patios, garden areas, play areas, clubhouses, swimming pools, sidewalks, walkways, common garage areas, entryways, 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.

"Dogs" means any animal of the species Canidae, regardless of sex.

"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 guard dogs.

"Household pets" means dogs, cats, rabbits, pigeons, mice, hamsters, gerbils, parakeets, canaries, finches and other similar song birds, reptiles, amphibians, fish and other similar animals kept for companionship or for personal enjoyment.

"Keep" means to hold or retain in one’s possession, hold or retain as one’s own, maintain and/or harbor, such as where an animal remains or to which it customarily returns daily for food and/or care.

"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 an animal’s health and well being.

"Owner" or "custodian" means any person, firm, partnership, corporation, trust arrangement or the like who owns, keeps or harbors any animal.

"Running at large" means off the premises of the owner and not under the effective control of that owner, his agent, servant or competent member of his family by means of a leash, cord or chain reasonable in length; except that, for the purpose of this definition, the "premises of the owner" shall not include common areas of condominium complexes, townhouses and apartment buildings, and any animal not in the effective control of its owner upon the common area of a condominium, townhouse or apartment building, or the grounds thereof, shall be deemed to be running at large.

"Wild animal" means any live, nonhuman primate, coyote, raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx or any other warm-blooded animal which can normally be found in the wild state. An animal that is one-fourth coyote or more shall be considered a wild animal.

All other words and phrases used herein will have their commonly accepted meanings. (Ord 20-549 §1 (Exh. A); Ord 17-500 §1; Ord 13-316 §1; Ord 12-305 §1; Ord 11-295 §1; Ord 11-295, §1; Ord 95-02 §2, 1995; Ord 731 §1, 1988; Ord 615 §2, 1982. Formerly 8.05.020)

8.05.020 License required.

It is unlawful for any person or persons to own or harbor any dog over the age of four months within the corporate limits of the City, unless such person or persons first procures a license therefor as provided in this chapter. (Ord 20-549 §1 (Exh. A); Ord 615 §2, 1982. Formerly 8.05.030)

8.05.030 License fee and tag.

A. The license fee shall be as established in the City’s Rate Resolution. Upon the payment of such license fee to the Finance Officer/Clerk or the Clerk’s designee, and upon being shown proof of a current rabies vaccination, it shall be the duty of the Finance Officer/Clerk or the Finance Officer/Clerk’s designee to issue a license to the party making application therefor, except as hereinafter provided.

B. 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 required hereunder shall be paid on or before February 1st of each year. The license fee shall be paid in full for any year or part thereof. The owner or custodian of any dog so licensed shall cause the metal tag to be displayed on a collar on such dog.

C. The Finance Officer/Clerk or the Finance Officer/Clerk’s designee 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 at all times by City authorities. Lost tags will be replaced by the Finance Officer/Clerk or the Finance Officer/Clerk’s designee upon a payment of an additional fee as set out in the City’s Rate Resolution.

D. All persons must present a current rabies vaccination receipt before a City dog license can be obtained. (Ord 20-549 §1 (Exh. A); Ord 731 §1, 1988: Ord 615 §2, 1982. Formerly 8.05.040)

8.05.040 Kennel license required.

A. No person, group of persons, or business entity shall own, keep, or harbor more than three dogs or four cats or any combination thereof of more than four animals, of four months of age or older or engage in the commercial business of breeding, buying, selling, trading, training or boarding cats or dogs or both cats and dogs without having obtained a kennel license from the Finance Officer/Clerk or the Finance Officer/Clerk’s designee.

B. 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 required hereunder shall be paid on or before March 1st of each year. The license fee shall be paid in full for any year or part thereof.

C. The yearly fee for the kennel license shall be the only business license fee the City requires of kennel owners. The fee amount for the kennel license shall be the amount stated in the City’s Rate Resolution.

D. 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.

E. 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.

F. Kennel licenses shall not be issued for use in areas zoned R-1 and shall not be issued for use in areas zoned SR unless otherwise permitted pursuant to Quincy Municipal Code Chapter 20.16. (Ord 20-549 §1 (Exh. A); Ord 615 §2, 1982. Formerly 8.05.050)

8.05.050 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. If a dog or cat is obtained from the animal shelter, the owner or custodian shall arrange for the dog or cat to be vaccinated within thirty days of obtaining the dog or cat, and the owner or custodian shall provide proof of such vaccination to the Animal Control Officer or be in violation of this section. An owner or custodian acquiring a dog or cat shall have such 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 vaccinated between three months to one year shall be revaccinated within one year thereafter and that a cat shall be revaccinated annually.

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 or custodian.

D. The owner or custodian 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 or custodian of any such animal refuses to produce such animal, the owner or 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 or custodian is keeping or harboring the animal and willfully refuses to produce the animal upon such demand. Such persons shall be taken before a judge of the Municipal Court, who may order the immediate production of the animal. If the owner or 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 said officer of any reports of human contact with such rabid animal. If any animal under quarantine dies while under observation, the Animal Control Officer shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as 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 treatment to the Animal Control Officer, giving the 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 20-549 §1 (Exh. A); Ord 731 §1, 1988: Ord 615 §2, 1982. Formerly 8.05.060)

8.05.060 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 confined and 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. Such leash, rope, device or cord shall be of such material and of such size as to ensure the custodian of the dog at the time can control and restrain the dog. Any person who elects to be at large within the corporate limits 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.

B. Any animal injured or killed in the street shall be considered as running at large; the Animal Control Officer shall remove all such animals and, at the officer’s discretion, take those needing medical attention to a veterinarian or the animal shelter. The owner or custodian 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. (Ord 20-549 §1 (Exh. A); Ord 731 §1, 1988: Ord 615 §2, 1982. Formerly 8.05.070)

8.05.070 Habitual violations – Dogs running at large.

A. Habitual Violator, Defined. Any dog owner who violates Section 8.05.060 with the same or different dogs on three or more separate dates within twelve months is a habitual violator of Section 8.05.060.

B. Impoundment of Dog of a Potential Habitual Violator. The City shall impound a dog running at large if its owner has been found to have violated Section 8.05.060 with the same or different dogs on two or more separate dates within twelve months of the current infraction and hold the dog pending the Court’s determination the dog’s owner is a habitual violator of Section 8.05.060.

C. Release of Dog. The dog may be released to the owner:

1. Upon the Court’s finding the owner is not a habitual violator of Section 8.05.060 and the owner paying the penalty for the dog running at large, if any; or

2. Upon payment of (a) the penalty in Section 8.05.210(6)(C); and (b) all costs the City incurs as a result of the dog’s impoundment within ten calendar days after the Court finds the owner is a habitual violator of Section 8.05.060.

D. Forfeiture. If the owner fails to pay the penalty in subsection (C) of this section, the dog will be forfeited to the City. The former owner may not adopt the dog, nor may the dog be adopted by another person and returned to the former owner’s dwelling and premises. (Ord 20-549 §1 (Exh. A); Ord 17-499 §1 (Ex A); Ord 731 §2, 1988. Formerly 8.05.075)

8.05.090 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 the Animal Control Officer, a Police 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 City police authorities.

B. 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.

C. After any such seizure, a written record thereof shall be kept in a record book for that purpose at the City Police Department, which record shall give a general description of such dog, and such dog so seized shall be held for a period of seventy-two hours from the time of impounding, exclusive of holidays and Sundays, during which time the owner or custodian of such dog, upon establishing ownership or control of such dog, may recover the same by procuring a license for such dog if none has been issued and paying the impoundment fee. The owner or custodian by paying the impoundment fee shall not thereafter be immune from other liabilities imposed by this chapter.

D. If such dog is not claimed within seventy-two hours, exclusive of holidays and Sundays, from the time of impounding, the dog may be put to death, or otherwise disposed of, including but not limited to placing the dog up for adoption, by the Animal Control Officer or Animal Shelter; whereupon the owner shall be charged the impoundment fee as stated in subsection (C) of this section, a surrender fee as stated in the City’s Rate Resolution, and the actual costs of the euthanasia, if any. Any funds received from the sale or impoundment of the dogs shall be placed in the current expense fund of the City.

E. The provisions of this section shall not be exclusive to dogs but shall apply to any other animal. (Ord 20-549 §1 (Exh. A); Ord 731 §1, 1988: Ord 615 §2, 1982)

8.05.100 Animal shelter construction.

The City Council shall provide for the construction of a proper animal shelter or place to keep all animals seized by the Animal Control Officer. (Ord 20-549 §1 (Exh. A); Ord 731 §1, 1988: Ord 615 §2, 1982)

8.05.110 Dogs – Prohibited acts.

No dog shall be permitted, by the dog owner or custodian, to commit the following acts on any premises or property, public or private: destroy public or private property, scatter refuse, chase vehicles, or deposit fecal matter on any property not that of its owner or custodian in such a manner as to cause annoyance to the neighborhood or to any individual residing therein. (Ord 20-549 §1 (Exh. A); Ord 731 §1, 1988: Ord 615 §2, 1982)

8.05.115 Dogs barking.

A. It shall be unlawful for any person to cause or allow to be emitted a frequent, repetitive or continuous noise made by any dog which unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors, except that such sounds made by animal shelters, or commercial kennels, veterinary hospitals, pet shops or pet kennels licensed under and in compliance with Section 8.05.040 shall be exempt from this subsection.

B. It shall be the duty of City Police Officers or Animal Control Officers 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 citation if warranted; provided, that notwithstanding any other provision of this chapter, if the owner or other person having custody of the dog cannot, with reasonable inquiry, be located by the investigating officer, or if the dog is a repeat violator of this subsection, the animal shall be impounded by the Police Officer or the Animal Control Officer, or his designee, subject to redemption in the manner provided by Section 8.05.090, including any fees imposed by Section 8.05.090. (Ord 20-549 §1 (Exh. A); Ord 731 §2, 1988)

8.05.120 Farm animals in City limits.

It is unlawful to keep or maintain any horse, livestock, chickens, or other animals generally regarded as farm or ranch animals or to permit the same to run at large within the corporate limits of the City. Provided, however, such animals may be temporarily maintained on property of the Quincy School District for educational purposes during the time when school is in session. (Ord 20-549 §1 (Exh. A); Ord 13-316 §2; Ord 09-261 §1; Ord 615 §2, 1982)

8.05.125 Wild animals.

Keeping a wild animal is unlawful. (Ord 20-549 §1 (Exh. A); Ord 17-500 §2; Ord 731 §2, 1988)

8.05.130 Guard dogs.

A. 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:

1. The dogs shall be confined to an enclosed area adequate to ensure that they will not escape: or

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

3. 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

4. Prior to the posting of guard dogs on any property, the person or persons responsible for the posting shall inform the supervising Animal Control Officer in writing of their intention to post such dogs. (Ord 20-549 §1 (Exh. A); Ord 615 §2, 1982)

8.05.140 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 or custodian. Failure to comply with the order of the Animal Control Officer shall be a violation of this provision, and the animal shall then be impounded as prescribed in this chapter, subject to monetary penalties and charges as directed. (Ord 20-549 §1 (Exh. A); Ord 615 §2, 1982)

8.05.150 Responsibility of owner or custodian.

A. It shall be 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.

B. 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 20-549 §1 (Exh. A); Ord 731 §1, 1988: Ord 615 §2, 1982)

8.05.155 Household pets.

The following rules apply to keeping of all household pets:

A. No more than three of the following household pets may be kept in conjunction with a dwelling and related premises:

1. Dogs and cats over the age of six months;

2. Rabbits over the age of three months;

3. Pigeons over the age of three months, except the keeping of show or performing pigeons.

B. An unlimited number of mice, hamsters, gerbils, parakeets, finches, canaries and other similar songbirds, reptiles, amphibians, fish and other similar animals may be kept, to the extent they not become a nuisance or violate other sections in this chapter.

C. Keeping household pets principally for sale, trade or exchange is prohibited, unless the owner has a kennel license under this chapter.

D. All household pets shall be kept so their movement and activity is confined to the owner’s dwelling and related premises, and they do not create any objectionable noises or odors, do not annoy or disturb the public or otherwise violate this chapter. (Ord 20-549 §1 (Exh. A); Ord 18-510 §1 (Ex A); Ord 17-500 §3 (Ex A); Ord 09-261 §2; Ord 731 §2, 1988)

8.05.160 Interference with Animal Control Officer.

It is unlawful for any person to interfere with, molest, hinder or obstruct the Animal Control Officer or any other employee in the discharge of his official duties under this chapter. (Ord 20-549 §1 (Exh. A); Ord 615 §2, 1982)

8.05.170 Fees.

Any animal impounded under the provisions of this chapter shall not be released until the owner or custodian of such animal shall have paid all fees and charges due. Such fees and charges shall be paid to the Finance Officer/Clerk and upon payment, the animal shall be released to the owner or custodian. The fees charged or imposed by this chapter shall be as stated in the City’s Rate Resolution. (Ord 20-549 §1 (Exh. A); Ord 615 §2, 1982)

8.05.175 License and permit issuance 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 an 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 ten-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 20-549 §1 (Exh. A); Ord 731 §2, 1988)

8.05.180 Records.

A. It shall be the duty of the Animal Control Officer to keep, or cause to be kept, accurate and detailed records of the impoundment and disposition of all animals coming into his custody and of all reports of animal bites reported to him.

B. It shall be the duty of the Finance Officer/Clerk or the clerk’s designee 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 20-549 §1 (Exh. A); Ord 615 §2, 1982)

8.05.190 Notice of infraction – Notice to appear.

If a dog or other animal is committing any act in violation of this chapter and if the owner or custodian is known or may be reasonably determined, the City’s Animal Control Officer may issue a notice of infraction and notice to appear to the owner or custodian of the animal. The notice of infraction shall require the appearance of the owner or custodian before the municipal judge in the Municipal Court. The notice of infraction shall conform to state requirements. The spaces shall be appropriately filled in with the requisite information by the person issuing the notice of infraction and the owner or custodian shall thereupon be requested to sign. The citation shall not be issued for any violation unless the violation is committed in the presence of the person issuing the notice of infraction. (Ord 20-549 §1 (Exh. A); Ord 615 §2, 1982)

8.05.200 Enforcement authority.

This chapter shall be enforced by the Animal Control Officer, any police officer or other City employee authorized by the Mayor. (Ord 20-549 §1 (Exh. A); Ord 17-500 §4; Ord 731 §1, 1988: Ord 615 §2, 1982)

8.05.210 Penalty.

Failure to comply with any provisions of this chapter shall subject the violator to the following penalties as they are defined in Section 1.01.118:

	Violation	Penalty
1	No license on spayed or neutered dog; or certified purebred dog (8.05.020)
	(A) First offense	C-9
	(B) Subsequent offense within 12 months, each	C-6
2	No license on unspayed or nonneutered dog (8.05.020)
	(A) First offense	C-6
	(B) Second offense	C-5
3	No kennel license (8.05.040)	C-12
4	Failure to confine biting animal (8.05.050)
	(A) First offense	C-4
	(B) Each subsequent offense	C-1
5	Refusal or failure to produce rabid animal (8.05.050)	C-1
6	Dog running at large (8.05.060)
	(A) First offense	C-11
	(B) Second offense in 12-month period	C-6
	(C) Each subsequent offense in 12-month period	C-3
7	Dogs, prohibited acts (8.05.110)
	(A) First offense	C-12
	(B) Second offense in 12-month period	C-7
	(C) Each subsequent offense in 12-month period	C-5
8	Dogs barking (8.05.115)
	(A) First offense	C-12
	(B) Second offense in 12-month period	C-7
	(C) Each subsequent offense in 12-month period	C-5
9	Livestock at large (8.05.120)
	(A) First offense	C-7
	(B) Each subsequent offense in 12-month period	C-5
10	Guard dog in violation of conditions (8.05.130)
	(A) First offense	C-4
	(B) Each subsequent offense in 12-month period	C-1
11	Failure to contain female dog in estrus (heat) (8.05.140)
	(A) First offense	C-7
	(B) Each subsequent offense in 12-month period	C-5
12	Interference with Animal Control Officer (8.05.160)	C-1
13	Failure to provide evidence of rabies vaccination (8.05.050)	C-7
14	Keeping too many household pets (8.05.155)	C-9

(Ord 20-549 §1 (Exh. A); Ord 17-496 §1; Ord 11-295 §3; Ord 731 §1, 1988: Ord 615 §2, 1982)