CHAPTER 6
ANIMALS AND FOWL AT LARGE
SECTION:
6-6-1: Control Of Animals Off Owner Premises
6-6-2: Animal Impound Costs, And Redemption Requirements
6-6-7: Responsibilities Of Animal Control Officer
6-6-9: Confiscation, Hearing, And Appeal Procedures For Dangerous Dogs
6-6-11: Cruelty To Animals; Failure To Aid Injured Animal Unlawful
6-6-13: Enforcement And Penalties
6-6-1 CONTROL OF ANIMALS OFF OWNER PREMISES:
A. Animal at Large: An Owner is in violation of this Section if his or her Animal is At Large. This subsection does not apply to (a) cats, or (b) dogs in an Off Leash Dog Park so long as the dog and Owner are in compliance with all other applicable rules and regulations. If the Animal is a Vicious Animal or has previously been declared a Dangerous or Potentially Dangerous Dog, the violation is punishable as a misdemeanor. Other violations of this subsection are punishable as an infraction.
B. Injury Caused By Animal At Large: An Owner is in violation of this Section if, while his or her Animal is At Large, the Animal (a) physically injures a person or domestic animal or (b) causes monetary damage to another person’s real or personal property. A violation of this subsection is punishable as a misdemeanor.
C. Affirmative Defense: This Section is intended to impose strict liability upon Owners without requiring the City to prove intent, knowledge, recklessness, or negligence. However, an Owner may avoid a committed or guilty finding for violations of this Chapter if the Owner proves as an affirmative defense by a preponderance of the evidence that he or she took such precautions that were within his or her control to prevent the violation as would a reasonable person in the same or similar circumstances knowing what the owner knew or should have known at the time about the animal’s disposition, past behavior and other relevance circumstances. It is not, by itself, an affirmative defense for an Owner to establish that he or she was not present or that the animal was on a leash at the time of the violation. Multiple Owners may be charged with violating this Section for the same occurrence. (Ord. 4185, 11-14-88; amd. Ord. 4916, 9-10-01; Ord. 5859, 8-21-17)
6-6-2 ANIMAL IMPOUND COSTS, AND REDEMPTION REQUIREMENTS:
A. Right to Impound: An Animal Control Officer may seize and impound an animal or take any other action authorized by law to restrain or protect any animal or person where the (1) animal is at large, (2) the Animal Control Officer has probable cause to believe that the owner is in violation of this Chapter or other applicable law, (3) the animal is a threat to public safety, health or welfare, or (4) as otherwise provided in this Chapter or applicable law. Impoundment shall not be considered a condition precedent to the issuance of an infraction or citation.
B. Redemption Requirements: The following requirements apply as a condition to the redemption of an impounded animal:
1. License Required: Prior to redemption of an impounded unlicensed animal, the owner or custodian of the animal shall, in addition to payment of the impound fees and other costs, purchase a City Animal License, the fees for which are set forth in the City’s fee schedule brochure.
2. Microchipping Required: Prior to redemption of an impounded animal that was not microchipped at the time of impound, the City will cause the animal to have a microchip inserted and the owner or custodian of the animal shall, in addition to paying impound fees and other costs, reimburse the City for the actual microchipping cost.
C. Reimbursement for Additional Costs Incurred: In addition to fees specified in the City’s fee schedule brochure, and the other costs provided for herein, the owner or custodian shall reimburse the City for any out of pocket costs incurred as a result of the impound or condition of the animal, including, but not limited to:
1. Boarding;
2. Food;
3. Necessary medical care;
4. Vaccinations;
5. Veterinary exams, treatment, and other services; and
6. Transportation.
D. Payment Condition of Redemption: Unless otherwise provided herein, all costs required to be paid by this Section shall be paid prior to or at the time of redemption. The Finance Administrator and/or the City’s Fee Schedule Brochure may establish a uniformly applied system to waive, reduce, or allow payment plans for the collection of the costs otherwise required to be paid by this Section. Payment plans may require payment of interest and/or administrative fees and shall require entry into a promissory note in a form approved by the City Attorney. The City may deny renewal of an animal license for an animal if its owner is in breach of a payment plan authorized by this Section. Waivers and reductions shall be provided only to Economically Qualified Residents, as defined in RMC 5-4-2. No waiver or reduction shall be allowed for an animal that has been impounded more than once in the most recent one (1) year period. (Ord. 4185, 11-14-88; Ord. 5356, 2-25-08; Ord. 5848, 7-10-17)
6-6-3 RESERVED:
Repealed by Ord. 5859. (Ord. 4185, 11-14-88; amd. Ord. 4916, 9-10-01; Ord. 4964, 5-13-02; Ord. 5356, 2-25-08)
6-6-4 DEFINITIONS:
For the purpose of this Chapter the following definitions shall be controlling:
A. ANIMAL: Any nonhuman mammal, bird, reptile or amphibian.
B. ANIMAL CONTROL AUTHORITY: An entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the City, County and State, and the shelter and welfare of animals.
C. ANIMAL CONTROL OFFICER: Any individual employed, contracted with or appointed by the City for the purpose of aiding in the enforcement of this Chapter or any other law or ordinance relating to the licensure of animals, or seizure and impoundment of animals, and includes any State or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
D. AT LARGE: An animal is “At Large” when it is (a) outside a premises owned or controlled by the animal’s owner and (b) not Under Control.
E. DANGEROUS DOG: Any dog that: (a) inflicts or has inflicted severe injury or death on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner’s property, (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks or endangers the safety of humans, or (d) has been adjudicated as a dangerous dog elsewhere in this state or any other state. (Ord. 5512, 12-7-09)
F. DOMESTIC ANIMAL: An animal that is lawfully owned or harbored by a person.
G. OFF-LEASH DOG PARK: A specifically designated area within the confines of a City-owned public park which allows dogs to run or roam without being leashed, as long as their owner, handler or custodian is nearby within the park premises. (Ord. 5476, 7-20-09)
H. OWNER: Any person or legal entity who (a) harbors, keeps, causes or permits an animal to be harbored or kept, (b) has an animal in his/her possession or custody, (c) permits an animal to remain on or about his/her premises, or (d) who has legal title to an animal.
I. POTENTIALLY DANGEROUS DOG: Any dog that when unprovoked: (a) inflicts a bite or 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 dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.
J. PROPER ENCLOSURE OF A DANGEROUS DOG: While on the owner’s property, a dangerous dog shall be securely confined 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 dog.
K. SEVERE INJURY: Any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
L. UNDER CONTROL: For an animal to be “under control,” it must be (a) restrained by leash or other method that effectively restrains the animal from approaching, chasing, jumping upon, or lunging at any person, moving vehicle, or other domestic animal, except as welcomed by invitation or mutual play, (b) restrained from entering private property or public property where such animal is not authorized, and (c) restrained from causing damage or injury to property, other animals, and/or persons.
M. VICIOUS ANIMAL: An animal, including but not limited to a dog, that the Owner knows or should know has displayed the characteristics or propensity to do an act that, if left At Large, might endanger the safety of a person, animal, or property of another. (Ord. 4185, 11-14-88; amd. Ord. 4916, 9-10-01; Ord. 4964, 5-13-02; Ord. 4983, 9-23-02; Ord. 5024, 11-3-03; Ord. 5685, 4-8-13; Ord. 5859, 8-21-17)
6-6-5 ADDITIONAL VIOLATIONS:
It shall be a violation of this Chapter for any Owner:
A. To keep or harbor any dog, cat or other animal or fowl whether licensed or not, that emits habitual howling, yelping, barking or other frequent, long, or continued noise that would disturb a reasonable person. The first or second violation of this Subsection shall constitute a civil infraction. Any subsequent violation of this Subsection shall constitute a misdemeanor.
B. To keep, harbor or maintain any dangerous dog, potentially dangerous dog, or vicious animal in a manner which may or does endanger the safety, health and well being of persons or the safety of property being or located off the owner’s or custodian’s premises or lawfully on said premises. A violation of this Subsection shall constitute a misdemeanor. (Ord. 3777, 12-19-83; Ord. 4463, 7-25-94, eff. retroactive to 7-1-94; amd. Ord. 4916, 9-10-01; Ord. 5476, 7-20-09; Ord. 5685, 4-8-13; Ord. 5859, 8-21-17)
6-6-6 IMPOUNDING PROCEDURE:
A. Holding Facility: Whenever any animal is impounded, an Animal Control Officer shall deliver the animal to a holding facility designated by the City. Unless otherwise provided herein, animals shall be held for a minimum of seventy-two (72) hours from the time of impound prior to disposing of the animal.
B. Dangerous or Sick Animals: An Animal Control Officer, or agent thereof, may dispatch any dangerous animal which is running at large and cannot in the judgment of the Animal Control Officer be safely impounded. Injured or sick animals may be euthanized when consistent with the professional judgment of a license veterinarian or the Animal Control Authority. The City shall not be liable for damages arising from the destruction of such animals.
C. Notice: After an animal is impounded, the Animal Control Officer shall attempt to ascertain whether such animal is licensed, and if so or if the lawful owner is otherwise known to the Animal Control Officer, shall within a reasonable time notify, by letter, telephone or in-person contact, the owner that such animal has been impounded and may be redeemed within seventy-two (72) hours of impound or be disposed of as herein provided. The notice should notify the owner of the location at which the animal can be redeemed. The owner has the entire responsibility to ascertain whether the animal was impounded and to take appropriate measures to retrieve the animal. Neither the City, Animal Control Authority, nor its officers, employees, or agents shall be held responsible for failing to notify an owner of the impoundment under this Chapter.
D. Disposition of Impounded Animals: In the event any impounded animal is not timely redeemed within seventy-two (72) hours of impound, the animal may be considered abandoned and humanely destroyed or otherwise disposed of by the impounding agency; provided, however, that none of said animal so impounded shall be used for any experimental purposes. Disposition of an impounded animal may include, but is not limited to, the sale or transfer of all ownership rights to a new owner and/or another agency that cares for and will attempt to find a new owner for the animal. The Animal Control Authority holding the animal may, in its discretion, hold an animal longer than the minimum seventy-two (72) hour holding period for the owner to redeem the animal, but shall not be held liable for destroying or disposing of an animal that is not redeemed pursuant to the terms of this Chapter within that minimum period. Dangerous Dogs may be held and redeemed as provided by RMC 6-6-9 and other applicable law.
E. Right of Appeal: Any person who redeems and pays all required costs for redemption of an animal may file a notice of appeal within fifteen (15) calendar days of the impoundment. The notice of appeal shall be on a fully completed form supplied by the City and filed with the City Clerk within fifteen (15) days of the impound. If no form is provided, the notice of appeal shall be in writing, signed by the owner, and describe in detail the basis for the appeal. The basis for appeal shall be limited to the issues of the propriety of the impound and whether or not the fees for redemption have been properly calculated. Appeals shall be heard by the City’s Hearing Examiner with the owner having the burden of proof to show by a preponderance of evidence that the animal was improperly impounded or the fees and costs charged for redemption were not properly calculated. If the owner prevails in such appeal, his/her remedy shall be limited to refund of any fees or costs paid found by the Hearing Examiner to be improperly calculated or charged as a result of an improper impoundment. (Ord. 4185, 11-14-88; Ord. 5634, 11-7-11; Ord. 5848, 7-10-17)
6-6-7 RESPONSIBILITIES OF ANIMAL CONTROL OFFICER:
A. The City’s Animal Control Officer shall keep records of all animals impounded, together with a description of such animal, the date of impounding and the name and address, if known, of the owner or custodian of such animal, together with the date of redemption, if any. (Ord. 5547, 8-9-10; Ord. 5654, 2-13-12)
B. The City’s Animal Control Officer is hereby authorized and directed to issue an appropriate citation for any violation of any terms and conditions in this Chapter. (Ord. 4185, 11-14-88; Ord. 5848, 7-10-17)
6-6-8 DANGEROUS DOGS:
A. It is unlawful for an owner to keep, harbor or maintain a dangerous dog in the City. This Section does not apply to dogs used by law enforcement officials for police work. A violation of this Subsection shall be a misdemeanor and punishable in accordance with RCW 9A.20.021(3) as now stated or hereafter amended. (Ord. 5512, 12-7-09)
B. (Rep. by Ord. 5512, 12-7-09)
C. (Rep. by Ord. 5512, 12-7-09)
D. Dogs shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime. (Ord. 4185, 11-14-88; amd. Ord. 4964, 5-13-02; Ord. 4983, 9-23-02; Ord. 5512, 12-7-09)
6-6-9 CONFISCATION, HEARING, AND APPEAL PROCEDURES FOR DANGEROUS DOGS:
A. Confiscation: Any dog alleged to be dangerous shall be confiscated, as soon as practical, by an animal control authority, subject to hearing and appeal pursuant to subsection B of this section. The dog alleged to be dangerous shall be placed in quarantine for a maximum of ten (10) business days after mailing or publishing of a notice of the City’s intent to have the dog declared dangerous, to allow the owner time to comply with the appeal requirements of this chapter. If the owner does not appeal, or after denial of the appeal affirming that the dog is dangerous, the decision is not appealed to the Hearing Examiner, or the dog is not moved to a legal location outside of the City, the dog shall be immediately destroyed in an expeditious and humane manner. Costs of this procedure shall be assessed against the owner or keeper of the dangerous dog.
Any dog previously determined to be dangerous is subject to immediate confiscation and destruction after seventy-two (72) hours. (Ord. 5609, 6-6-11)
B. Hearing And Appeal Procedure:
1. The animal control officer will serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, of the city’s intent to have the dog declared dangerous. The notice will be sent to the last known address of the owner, if the owner is known. For purposes of determining the 10 days within which a determination must be made, the notice will be deemed received on the third day after its posting in the regular mail. In the event the owner is not known, notice shall be accomplished by a public notification in a newspaper of general circulation in the City of Renton. For purposes of determining the 10 days within which a determination must be made, the notice will be deemed received on the day of publication. The dog owner may ask for a continuance of the determination date, but, in no event may that date be more than 10 days after the notice was received.
2. The notice must state:
a. The code section permitting the proposed action;
b. The reasons the City considers the animal dangerous;
c. A statement that the dog is subject to registration and controls required by this chapter;
d. An explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous, including the owner’s right to submit written materials explaining why the dog should not be declared dangerous;
e. The date by which written materials must be received by the Police Chief;
f. The date by which the determination of dangerousness will be made; and
g. A description of the dog.
3. The Police Chief or his/her designee shall make a determination whether the dog is dangerous as defined herein. Said determination must occur prior to the expiration of 10 calendar days following delivery of the notice. If the chief or the chief’s designee determines that the dog is more probably than not a dangerous dog, he/she shall make the determination that the dog is dangerous.
4. After such decision, the chief of police or his/her designee must issue a final determination, in the form of a written order, within seven calendar days. In the event the dog is determined to be dangerous, the order shall include:
a. The authority for the action,
b. A brief concise statement of the facts that support the determination,
c. (Rep. by Ord. 5512, 12-7-09)
d. The signature of the person who made the determination.
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 city. In the event the owner is not identified before the final determination is made, the order need not be published or otherwise sent to the owner.
5. The owner may appeal the Police Chief’s or his/her designee’s final determination that the dog is dangerous to the Hearing Examiner. The Hearing Examiner shall sit in an appellate capacity only, the record being limited to the materials considered by the Police Chief or his/her designee. The decision of the Hearing Examiner is not subject to appeal. (Ord. 5609, 6-6-11)
6. The owner must make such appeal within 15 days of receiving the final determination. For purposes of this provision, the final determination is deemed received on the third day after its posting in the regular mail.
7. While the determination and appeal, if any, is pending, the dog will be confined or controlled in compliance with this chapter. If the dog is determined to be dangerous, the owner must pay all costs of confinement, and control, and, if the dog is destroyed, the cost of destruction.
8. If, after a final determination of dangerousness, the owner does not comply with the requirements of this chapter for keeping a dangerous dog within 10 working days, the dog will be destroyed as set out herein. (Ord. 4185, 11-14-88; amd. Ord. 4916, 9-10-01; Ord. 4983, 9-23-02; Ord. 5512, 12-7-09)
6-6-10 SUBMISSION OF SUSPECTED RABID ANIMALS TO AUTHORITIES; GROUNDS FOR IMPOUNDMENT AND IMPOUNDMENT FEE:
A. It shall be unlawful for the owner or custodian of any animal known to have bitten or scratched any person or persons, or other animal or animals, to harbor or keep such dog without permitting an examination or inspection of such dog by the Animal Control Officer or any other duly constituted authority having jurisdiction thereover. If after such inspection or examination, good cause appears that such animal is suffering or has been exposed to rabies, such animal shall be quarantined from other animals for a ten (10) day period from such determination of possible exposure. The animal may be quarantined by the owner, upon proof of an ability to prevent contact with other animals, or by the enforcing agency in case the owner is unable to provide effective quarantine.
B. Any animal quarantined under this Section may be released from quarantine at the expiration of ten (10) days or prior thereto, or upon the determination of the King County Health Department veterinarian that it is free from such disease. No animal impounded under the provision of this Section by the enforcing agency shall be released except upon payment to the impounding authority of a maintenance charge of two dollars ($2.00) for each day of such confinement. (Ord. 3777, 12-19-83)
6-6-11 CRUELTY TO ANIMALS; FAILURE TO AID INJURED ANIMAL UNLAWFUL:
A. It shall be unlawful for any person to wilfully or cruelly injure or kill any animal by any mode or means causing it unnecessary fright or pain; it shall further be unlawful for any person, by neglect or otherwise, to cause or allow any animal to endure pain, suffering or injury, or to fail or neglect to aid or attempt alleviation of any pain, suffering or injury so caused to any animal by such person or persons. A violation of this Section shall constitute a misdemeanor punishable by a fine of up to $1,000, not including costs, and up to 90 days in jail, and forfeiture of the animal or animals involved. Forfeiture is not mandatory.
B. Any law enforcement or animal control officer having probable cause to believe a violation of this Section has occurred may remove and restore the animal or animals in accordance with the applicable provisions of RCW 16.52.085.
C. RCW 16.52.085 is hereby adopted by reference, as now or hereafter amended, and all other statutes adopted by reference therein as if fully set forth herein. (Ord. 3777, 12-19-83; amd. Ord. 4964, 5-13-02; Ord. 5024, 11-3-03)
6-6-12 PROHIBITED ANIMALS:
A. Wild or Dangerous Animals: The keeping of wild or dangerous animals is prohibited, with the exception of dangerous dogs under the provisions of RMC 6-6-8.
B. Roosters and Peahens/Peacocks: The keeping of roosters or peahens/peacocks is prohibited.
C. Violation and Penalty: A violation of this Section shall constitute a misdemeanor punishable in accordance with RMC 1-3-1. (Ord. 4964, 5-13-02; Ord. 5831, 1-23-17)
6-6-13 ENFORCEMENT AND PENALTIES:
A. Public Nuisance: All violations of this Chapter are declared a public nuisance and may, in addition to penalties provided herein, be enforced as a code violation under the authority of Chapter 1-3 of the Renton Municipal Code. The code compliance inspector has authority to order the owner of any animal to take steps necessary and appropriate to abate the nuisance and prevent any continuing or repeated violations of this Chapter.
B. Penalties: Except as otherwise specified, any violation of this chapter shall be punishable as a civil infraction. Violations identified herein to be misdemeanors are punishable as provided in RMC 1-3-1.
C. Police Animals Exempt: This Chapter shall not apply to police animals while being exhibited, exercised or used in discharging or attempting to discharge any lawful duty or function or power of office, by any bona fide officer or representative of such officer, or any police agency. (Ord. 5859, 8-21-17)