Chapter 6.24
ANIMAL REGISTRATION AND CONTROL
Sections:
6.24.020 Dangerous animals and potentially dangerous dogs.
6.24.030 Dangerous animal or potentially dangerous dog – Determination.
6.24.040 Dangerous animals and potentially dangerous dogs – Registration required.
6.24.050 Requirements for restraint.
6.24.060 Dangerous animal – Detention.
6.24.070 Potentially dangerous dogs – Detention.
6.24.080 Appeal of animal control authority determinations.
6.24.090 Animal control facility.
6.24.100 Detention and disposal.
6.24.010 Definitions.
As used in this chapter, except where a different meaning is plainly apparent from the context, the following definitions apply:
A. “Animal control authority” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
B. “Animal control officer” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
C. “Town” means the town of Waterville, Washington.
D. “Dangerous animal” means any animal that:
1. Inflicts severe injury to a human being without provocation on public or private property;
2. Kills a domestic animal without provocation while off the owner’s property;
3. Aggressively bites, attacks or threatens the life or safety of humans or domestic animals after having been previously found to be a potentially dangerous animal; or
4. Regardless of past behavior, is a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, cougar, lynx, bobcat, and any hybrid thereof or any similar feline animal, bear, hyena, wolf, coyote, wolf-dog, or coyote-dog hybrid, any member of the crocodilian family, poisonous reptile, or any life-threatening reptile, or any other animal which is of feral nature.
E. “Detain” or “detention” means to apprehend and/or keep an animal in the custody of the animal control authority.
F. “Holding period” means 72 hours, commencing at 1:00 a.m. following the date of detention of an animal, excluding any day the animal control facility is not open to the public.
G. “Owner” means any person, firm, organization or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
H. “Potentially dangerous dog” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.
I. “Severe injury” means as the same is defined in RCW 16.08.070 as the same exists now or may hereafter be amended.
J. “Secure enclosure” means confinement indoors or in a securely enclosed and locked pen or structure, including a dwelling or building, which prevents the entry of children and prevents the confined animal from escaping. Such pen or structure shall have secure sides and a secure top fully enclosing the animal, and shall also provide protection from the elements. (Ord. 627 § 1, 2003).
6.24.020 Dangerous animals and potentially dangerous dogs.
All dangerous animals and potentially dangerous dogs within the town shall be registered pursuant to WMC 6.24.040. (Ord. 627 § 1, 2003).
6.24.030 Dangerous animal or potentially dangerous dog – Determination.
The animal control authority may determine that an animal is a dangerous animal or a potentially dangerous dog as defined in WMC 6.24.010. (Ord. 627 § 1, 2003).
6.24.040 Dangerous animals and potentially dangerous dogs – Registration required.
A. It is unlawful for any person to have a dangerous animal or potentially dangerous dog within the town without first obtaining a certificate of registration listed under this chapter. This prohibition shall not apply to any police dog as defined in RCW 4.24.410, to any facility processing or maintaining animals and which is owned, operated or maintained by any city, county, state or federal agency, nor to any licensed veterinary hospital in which an animal may be temporarily confined for treatment. The animal control authority may issue a special permit, not to exceed 30 days’ duration, for the keeping of a dangerous animal or potentially dangerous dog for shows or special exhibits.
B. A certificate of registration to have a dangerous animal shall be issued by the animal control authority only upon receiving sufficient evidence that:
1. There is a secure enclosure to confine the animal which, during any absence of the owner or keeper, will safely confine the animal;
2. The premises are posted with clearly visible warning signs stating that a dangerous animal is on the property and which display a conspicuous symbol informing and warning children of the presence of a dangerous animal;
3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW and in a form acceptable to the animal control authority in the sum of at least $250,000, conditioned upon payment of damages to any person injured by the animal; or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000 which specifically provides coverage for any and all personal injuries inflicted by the animal.
C. A certificate of registration to harbor a potentially dangerous dog shall be issued by the animal control authority only upon receiving sufficient evidence that:
1. There is a secure enclosure on the premises which, during any absence of the owner or keeper, will safely confine the dog;
2. The premises are posted with clearly visible warning signs stating that a potentially dangerous dog is on the property and which display a conspicuous symbol informing and warning children of the presence of a potentially dangerous dog.
D. A fee of $75.00 shall be paid by the applicant to the town before a certificate of registration is issued.
E. A certificate of registration shall be renewed on an annual basis upon compliance with subsections B through D of this section. (Ord. 690 § 1, 2007; Ord. 627 § 1, 2003).
6.24.050 Requirements for restraint.
A. It is unlawful for a dangerous animal to be outside a secure enclosure unless the animal is muzzled, restrained by a substantial chain or leash, and under the physical control of a responsible person. The muzzle shall be made and worn in a manner that shall prevent the animal from biting.
B. It is unlawful for a potentially dangerous dog to be outside a secure enclosure unless the dog is restrained by a substantial chain or leash and under the physical control of a responsible person. (Ord. 627 § 1, 2003).
6.24.060 Dangerous animal – Detention.
A dangerous animal may be immediately detained by an animal control officer if:
A. No certificate of registration has been issued for the animal;
B. The owner has failed to comply with any condition of a certificate of registration;
C. The insurance policy or surety bond required by the certificate of registration is canceled, expired or lapsed; or
D. The animal is outside a secure enclosure without the restraints required by WMC 6.24.050. (Ord. 627 § 1, 2003).
6.24.070 Potentially dangerous dogs – Detention.
Any potentially dangerous dog may be immediately detained by an animal control officer if:
A. No certificate of registration has been issued for the dog;
B. The owner has failed to comply with any condition of a certificate of registration; or
C. The dog is outside a secure enclosure without the restraints required by WMC 6.24.050. (Ord. 627 § 1, 2003).
6.24.080 Appeal of animal control authority determinations.
A. A person who is aggrieved by a determination of the animal control authority that an animal owned or kept by a person is a dangerous animal or is a potentially dangerous dog may appeal such determination to the Douglas County district court.
1. A written appeal shall be filed with the clerk of the district court not more than 14 days after the final determination of the animal control authority is issued. The written appeal shall include the name, address and telephone number of the appellants and a copy of the determination of the animal control authority.
2. The clerk shall promptly set a date for a hearing of the appeal. Written notice of the date, time and place of the appeal hearing shall be mailed or personally delivered to the appellants and to the animal control authority not less than 10 days prior to the hearing.
3. The appellants shall have the burden of proving that the determination of the animal control authority is arbitrary and capricious.
B. An owner or keeper of an animal who is aggrieved by detention of a dangerous animal or a potentially dangerous dog may prevent destruction or adoption of the animal by petitioning the district court for the animal’s return, subject to court-imposed conditions.
1. A written petition shall be filed with the clerk of the Douglas County district court not more than 14 days after the date of initial detention. The petition shall include the names, addresses and telephone numbers of the petitioners and a copy of the final determination of the animal control authority. The petition shall be accompanied with a bond or security in an amount sufficient to provide for the animal’s detention and care for not less than 45 days from the date of initial detention.
2. The clerk shall promptly set a date for hearing on the petition. Written notice of the date, time and place of the hearing shall be mailed or personally delivered to the petitioners and to the animal control authority not less than 10 days prior to the hearing.
3. The petitioners shall have the burden of proving that specific, additional court-imposed conditions may be imposed that are sufficient to safeguard the public from bodily harm and property damage.
4. If the district court determines that the animal shall not be returned to the owner or keeper, the animal shall be forfeited by the owner or keeper. The animal control authority may destroy the animal or find a responsible person or agency to adopt the animal.
5. If the district court determines that the animal should be returned to the owner or keeper, the district court shall impose such specific conditions as it deems appropriate to safeguard the public from bodily injury and property damage. The petitioner shall pay the cost of the animal’s detention and care within 10 days after the district court’s determination. If the petitioner fails to pay such costs, the bond shall be forfeited and the animal control authority may destroy the animal or find a responsible person or agency to adopt the animal. (Ord. 627 § 1, 2003).
6.24.090 Animal control facility.
The animal control officer shall, upon detaining any animal, make a complete registry thereof, entering the species, breed, color, sex, the time and place of impoundment, registration number, and if registered, the name and address of the owner. No animal detained at the animal control facility shall be used, sold, loaned or given away for medical or research purposes, whether the animal is dead or alive. (Ord. 627 § 1, 2003).
6.24.100 Detention and disposal.
A. The animal control authority shall detain any animal found to be in violation of this chapter, abandoned, or voluntarily surrendered to the animal control authority. The detained animal shall be held at the animal control facility or other place determined by the animal control authority to be appropriate for the animal.
B. The animal control authority shall attempt to determine the identity of the owner of a detained animal. If the detained animal is registered or when the identity of the animal’s owner is known, then the owner shall be notified that the animal is detained and that the animal may be claimed upon payment of all applicable fees and full compliance with the other provisions of this chapter. Notice shall be by telephone, if possible, and in writing sent to the owner’s address.
C. Anyone claiming a detained animal must prove ownership to the satisfaction of the animal control authority and pay all applicable detention, boarding, registration and vaccination fees in order to claim the animal.
D. Any detained animal not claimed by the owner within the holding period and any animal voluntarily surrendered to the animal control authority shall become the property of the town of Waterville. The animal control authority may then dispose of the animal in a humane manner or may, in its full discretion, hold the animal for a reasonable amount of time to offer the animal for adoption.
E. Injured, diseased or frail animals need not be detained for the holding period and may be disposed of in a humane manner at any time at the sole discretion of the animal control authority.
F. The animal control authority or the health department may order the detention of any animal suspected of having rabies. The animal shall be held until release is directed by the health department and all applicable fees are paid. The animal shall be disposed of in a humane manner on the order of the health department. (Ord. 627 § 1, 2003).
6.24.110 Adoption.
A. No warranty of merchantability, warranty of fitness for a particular use or purpose, or warranty as to any condition or health of the animal, either express or implied, shall be made with respect to any animal adopted from the animal control authority.
B. All dogs that are adopted through the animal control authority shall be registered by electronic identification and shall be vaccinated by the adopting owner within 30 days after the adoption.
C. All adoption fees shall be refunded to the adopting owner if the adopted animal is returned to the animal control authority within eight days after adoption and is accompanied by a written request for the refund and a written opinion of a licensed veterinarian certifying that the animal was diseased or ill at the time of adoption. Within 30 days after adoption an owner may exchange the adopted animal for any reason. (Ord. 627 § 1, 2003).
6.24.120 Leash required.
All dogs on public sidewalks, public rights-of-way and public parks must be under control of their owner and/or handler by means of a leash. (Ord. 702 § 1, 2008).
6.24.130 Fecal matter.
Owners and/or handlers of dogs are required to have in their possessions the equipment necessary to remove their dog’s fecal matter when accompanying the animal on public sidewalks, public rights-of-way, and in public parks. Owners and handlers are required to pick up, bag, and dispose of all fecal matter left by their dog on a public sidewalk, public right-of-way or public park, in a proper disposal can or other container. (Ord. 702 § 1, 2008).