Chapter 6.05
ANIMAL CONTROL
Sections:
6.05.010 Preamble – Purpose.
6.05.020 Definitions.
6.05.025 Chapter supplementary to Chapter 16.08 RCW.
6.05.030 License required.
6.05.040 License fee and tag.
6.05.050 Kennel license required.
6.05.060 Rabies control.
6.05.070 Running at large.
6.05.075 Habitual violations – Animals running at large.
6.05.080 Vicious animals.
6.05.090 Impoundment procedure – Disposition.
6.05.100 Dogs barking.
6.05.105 Scoop law.
6.05.110 Livestock living or running at large.
6.05.120 Guard dogs.
6.05.130 Confinement of females in heat.
6.05.140 Responsibility of owner or custodian.
6.05.150 Interference with animal control officer.
6.05.160 Fees.
6.05.170 Records.
6.05.180 Violation – Penalty.
6.05.010 Preamble – Purpose.
The city council of the city, in accordance with its duty to safeguard the safety of the citizens of the city, finds and declares that it is in the best interests of the citizens of the city that the following chapter regarding animal control be enacted. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.020 Definitions.
A. When used in this chapter, the following words shall have the following meanings:
“Abandonment” means leaving of an animal by its 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, and poultry.
“Animal control officer” means any person or persons empowered by the city to enforce the provisions 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.
“Common areas of a condominium, townhouse, or apartment building” means and includes but is not limited to the yards, grounds, patios, garden areas, play areas, clubhouses, swimming pools, sidewalks, walkways, common garage areas, entryways, hallways and driveways.
“Dogs” means any animal of the species canidae, regardless of sex.
“Feral animal” means any domesticated animal found in a wild state without ownership or abandoned.
“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.
“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 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 meanings given to them in Chapter 16.08 RCW.
“Running at large” means off the premises of the owner and not under the effective control of the 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 a condominium complex, 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.
“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.
B. All other words and phrases used in this chapter will have their commonly accepted meanings. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.025 Chapter supplementary to Chapter 16.08 RCW.
The provisions of this chapter shall be supplementary to the provisions of Chapter 16.08 RCW relating to dangerous dogs. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.030 License required.
It is unlawful for any person 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. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.040 License fee and tag.
A. The license fee shall be in the sum of $7.00 per year for neutered male dogs and spayed female dogs, and $10.00 per year for non-neutered male and unspayed female dogs. Upon the payment of such license fee to the city clerk-treasurer or his designee, it shall be the duty of the city clerk-treasurer to issue a license to the party making application therefor.
B. The license shall expire of the first day of January next succeeding the date of the issuance 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.
C. The city clerk-treasurer or his 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 city clerk-treasurer upon a payment of an additional fee of $1.00.
D. Dangerous Dog Registration. Pursuant to Chapter 16.08 RCW, the city is required to regulate and issue certificates of registration for dangerous dogs. Such certificate shall be issued on an annual basis with no proration of the fee provided for herein for less than a full year’s registration of a dangerous dog. The annual license period shall extend from January 1st through December 31st of each calendar year. It shall be the duty of each owner to obtain a current registration for a dangerous dog prior to January 1st of each licensing period, or the cost of registration shall be doubled. A surety bond or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000 payable to any person injured by the dangerous dog must be obtained and presented to the city prior to the issuance of any such certificate. The annual fee for registration of a dangerous dog shall be $200.00. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.050 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 three 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 city clerk-treasurer or his 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 shall be paid in full for any year or part thereof.
C. The yearly fee for licensing kennels shall be $50.00. No other license shall be required. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.060 Rabies control.
A. Any dog, cat, or other animal that has bitten any person shall be immediately confined at the animal shelter at the owner’s or custodian’s expense for a period of not less than 10 days. No animal under confinement shall be released from confinement until such release has been approved by the animal control officer.
B. 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.
C. 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 the penalties as prescribed in SLMC 6.05.180(E), if there is 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 wilfully refuses to produce the animal upon such demand. If the owner, his agent, servant or competent member of his family, or custodian of such animal wilfully or knowingly secretes or refuses to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this section.
D. 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. 1074, 2008; Ord. 784, 1992).
6.05.070 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. 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 or the animal control shelter. 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 animal’s prognosis cannot be ascertained with reasonable certainty.
C. Feral animals found within the corporate city limits shall be disposed of at the discretion of the animal control officer without recourse to impoundment. Animals found to be running at large without collar and/or identification may be deemed feral by the animal control officer. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.075 Habitual violations – Animals running at large.
A. In addition to any other penalty provided for in this chapter, any person responding to a notice of infraction for a dog or dogs running at large (herein referred to as the current infraction) who has previously been found to have committed the same violation with the same or different dogs on two or more separate dates within 12 months of the date of the current infraction, or who has been found to have committed the same violation with the same or different dogs on one prior date within 12 months of the date of the current infraction, and who has pending one or more infractions for the same violation on dates within 12 months of the current infraction, shall be placed on notice of enhanced relief being sought by the city as provided for in this section. The violator shall be informed within five business days of the issuance of the current infraction that the city alleges the violator is an habitual violator of the dog running at large sections of this chapter and of the enhanced penalty possible pursuant to this section. As an alleged habitual violator, the respondent shall be liable for all monetary penalties provided for in this chapter.
B. Any dogs running at large whose owner is alleged to have violated this section as an habitual violator of SLMC 6.05.070 may be impounded and held at the owner’s expense, not to be released except upon court order. If the dog owner is found to be an habitual violator, the court shall issue an order directing the animal control officer to seize and destroy all dogs in the dog owner’s possession which dogs are identified as having been running at large previously within 12 months of the current infraction and ordering payment to the city of any costs incurred by the city as a result of the impounding of any animals. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.080 Vicious animals.
No one shall keep, possess or harbor a vicious animal within the city. It shall be the duty of the animal control officer or his agents to impound such animal upon the complaint of three individuals residing in separate households and may do so in all other instances where the animal control officer or his 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. Dogs maintained as guard dogs or placed in an enclosed area, chained or under control with a leash or 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. 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 authority as designated by the mayor to surrender the animal(s) to the city for disposition. Such agreements shall not relieve the owner of said animal(s) of liabilities incurred under other sections of this chapter. Having a vicious animal is declared to be a nuisance and may be abated as such as prescribed by law. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.090 Impoundment procedure – Disposition.
A. Any dog found running at large contrary to the provisions of this chapter within the corporate limits of the city may 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, on their own private property, shall have the right to seize any 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 as set forth in subsection (D) of this section, 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 an impounding and/or redemption fee, together with a boarding fee in the sum of $5.00 per day or any part thereof, which shall be paid to the keeper of such dog. The impounding and/or redemption fee for the first time a dog is seized shall be $10.00, which shall be waived if the dog is redeemed by the owner or the agent of the owner. For the second time a dog is seized the fee shall be $25.00, and for the third or further time a dog is seized shall be $40.00. The owner, by paying such impounding and/or redemption fee and boarding fee, shall not thereafter be immune from other liabilities imposed by this chapter.
D. If such dog is not claimed after having been kept for a minimum of seven days, excluding holidays, from the time of impounding, the dog may be disposed of as directed by the police chief. Any funds received from the sale of the dogs, in addition to the cost of boarding the dogs, shall be placed in the current expense fund of the city. (Ord. 1074, 2008; Ord. 1022 § 1, 2005; Ord. 784, 1992).
6.05.100 Dogs barking.
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. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.105 Scoop law.
It shall be unlawful for the owner, custodian, or responsible person of any dog, cat, or other animal to fail to remove the fecal matter deposited by his/her animal on public or private property not belonging to the owner before the owner leaves the immediate area. Violators of this section shall be subject to the penalties as described in SLMC 6.05.180(J), Violation – Penalty. (Ord. 1074, 2008).
6.05.110 Livestock living or running at large.
It shall be unlawful for the owner or custodian of any horse, swine, livestock, poultry or other animals generally regarded as farm or ranch animals to permit the same to live or to run at large within the corporate limits of the city. Any such animal’s owner shall be given 12 hours to remove the animal from the city or the same may be summarily disposed of by the city’s police officers; provided, however, that the city council may permit by a motion recorded in the minutes of its proceedings, or if such permission is contained in any lease of the property for use by others approved by the council, the keeping of livestock upon city-owned property on parcels of not less than 20 acres. (Ord. 1074, 2008; Ord. 980 § 1, 2003; Ord. 784, 1992).
6.05.120 Guard dogs.
It shall be 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 ensure that they will not escape; or
B. They shall be under absolute control of a handler at all times; and
C. Warning signs shall be conspicuously posted and maintained 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; and
E. A surety bond or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000 payable to any person injured by the guard dog must be maintained. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.130 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 this provision, and the animal shall then be impounded as prescribed in this chapter, subject to monetary penalties and charges as directed. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.140 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 changes, tranquilizer costs, euthanasia costs and veterinary expenses. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.150 Interference with animal control officer.
It shall be 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. 1074, 2008; Ord. 784, 1992).
6.05.160 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. 1074, 2008; Ord. 784, 1992).
6.05.170 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 dogs coming into his custody and of all reports of animal bites reported to him.
B. It shall be the duty of the city clerk-treasurer or his 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 and whether the male dog has been neutered or the female dog spayed. (Ord. 1074, 2008; Ord. 784, 1992).
6.05.180 Violation – Penalty.
Failure to comply with any provisions of this chapter shall subject the violator to the following penalties as they are defined in this code and SLMC 1.10.030, General penalty.
Violation:
A. No license on dog:
1. First offense: C-19 penalty.
2. Subsequent offense with 12 months: each C-17 penalty.
B. No kennel license: C-17 penalty.
C. Failure to renew license: C-20 penalty.
1. After 90 days: C-19 penalty.
D. Failure to confine biting animal:
1. First offense: C-12 penalty.
2. Each subsequent offense: C-7 penalty.
E. Refusal or failure to produce biting animal: C-4 penalty.
F. Dog running at large:
1. First offense: C-19 penalty.
2. Second offense: C-17 penalty.
3. Each subsequent offense: C-10 penalty.
G. Failure to control dog by leash or device: C‑19 penalty.
H. Keeping vicious animal:
1. First offense: C-12 penalty.
2. Each subsequent offense: C-7 penalty.
I. Dog(s) barking:
1. First offense: C-20 penalty.
2. Second offense: C-17 penalty.
3. Each subsequent offense: C-12 penalty.
J. Failure to removal animal feces:
1. First offense: C-19 penalty.
2. Second offense: C-17 penalty.
3. Each subsequent offense: C-12 penalty.
K. Livestock living or running at large:
1. First offense: C-20 penalty.
2. Each subsequent offense: C-17 penalty.
L. Guard dog in violation of conditions:
1. First offense: C-17 penalty.
2. Each subsequent offense: C-7 penalty.
M. Failure to contain female dog in estrus (heat):
1. First offense: C-19 penalty.
2. Each subsequent offense: C-17 penalty.
N. Obstructing animal control or police officer enforcing code: C-7 penalty.
O. Failure to pay annual dangerous dog registration fee: C-5 penalty.
P. All penalties are subject to the required state surcharge.
Q. Specific Penalties – Additional Assessment. Whenever there shall have been established by any action of the city council a specific nondeferrable, nonsuspendable penalty for violation of any section of this code, the designated representative of the city, who shall issue a notice of infraction or a citation for the commission of a crime, where specific penalty is provided, shall add to the penalty provided by this code the cost of all court filing fees as established by this code together with any assessments or penalties required to be imposed by state law. (Ord. 1074, 2008; Ord. 784, 1992).