Chapter 6.20
ANIMAL CONTROL

Sections:

GENERAL REGULATIONS

6.20.010    Definitions.

6.20.020    Enforcement—Animal control officers.

6.20.030    Violation—Penalty.

6.20.040    Abatement of nuisances.

6.20.044    Slaughtering, dressing and butchering of animals and fowl.

6.20.045    Animal husbandry as nonconforming use.

6.20.046    Poultry at large.

6.20.047    Stock at large.

6.20.048    Interfering with dog guide or service animal.

6.20.050    Enforcement.

6.20.060    Severability.

REGISTRATION AND DOG LICENSING

6.20.070    Dog registration and license—Required.

6.20.080    Dog registration and license—Application.

6.20.090    Vaccination required for dog registration and license.

6.20.100    Dog registration and license—Fees.

6.20.110    Dog registration and license—Applications and renewals.

6.20.120    Incomplete applications.

HUMAN RESPONSIBILITY FOR DOGS

6.20.130    Control of dogs.

6.20.140    Control of potentially dangerous or dangerous dogs.

6.20.150    Dog in estrus at large prohibited.

6.20.160    Restraint within quarantine area.

6.20.170    Abuse of animals prohibited.

6.20.180    Abandonment of animals prohibited.

6.20.190    Confinement in motor vehicle prohibited.

6.20.200    Pet animals—Taking, concealing, injuring, killing, etc.—Penalty.

6.20.210    Removal of dog waste from public areas.

6.20.220    Keeping in nauseous manner.

6.20.230    Injury to property.

6.20.240    Rabies inoculation required—Exception.

6.20.250    Jumping and barking at pedestrians.

6.20.260    Leashes required.

6.20.270    Dogs at large prohibited.

6.20.280    Barking dogs prohibited.

6.20.290    Dog bites to be reported.

IMPOUNDMENT OF DOGS

6.20.300    Impoundment of dogs.

6.20.305    Interference with impounding.

6.20.310    Notice of impoundment.

6.20.320    Redemption of impounded animals.

6.20.330    Injured or diseased animals.

REGISTRATION OF DANGEROUS DOGS

6.20.340    Dangerous dogs or potentially dangerous dogs—Registration requirements—Fee.

KENNELS

6.20.350    Kennel license—Requirements.

6.20.360    Kennel license—Application.

6.20.370    Kennel license—Fees and late penalties.

6.20.380    Kennel license—Inspection of facilities.

6.20.390    Kennel license—Display.

6.20.400    Kennel license—Expiration and renewal.

6.20.410    Kennel license—Revocation, denial or refusal to renew.

6.20.420    Kennel license—Records required.

6.20.430    Vaccination required.

PENALTIES

6.20.440    Penalties.

GENERAL REGULATIONS

6.20.010 Definitions.

The following words and phrases used or referred to in this chapter shall have the following meanings unless a different meaning appears from the context:

(1)    “Adult dog” means any dog having a set of permanent canine teeth, or older than six months of age.

(2)    “Aggressive behavior” means any physical contact between a dog and a person, where said person feels threatened, that includes, but is not limited to, any of the following: snarling, baring teeth, chasing, growling, snapping, pouncing, lunging, multiple attacks, multiple lunges, not to include bites.

(3)    “Animal” means any dog, cat, exotic, wild or dangerous animal or livestock.

(4)    “At large” means, with regard to dogs, being physically present on public property and not under the actual control of a competent person, or being physically present on private premises without permission of the person in control of such premises. Exceptions: “At large” does not include:

(A)    Dogs exhibited in dog shows, field trials, obedience training or trials, or the training of dogs therefor; or

(B)    The use of a dog under the supervision of a person either to hunt wild animals or game birds during the open seasons therefor, or to chase or tree predatory animals; or

(C)    The use of a dog either to control or protect livestock or property or in other related agricultural activities under the supervision of the dog owner.

(5)    “Board” means the city of Yakima city council.

(6)    “County” means the unincorporated area of Yakima County, Washington.

(7)    “Dangerous dog” means any dog that, according to the records of an appropriate authority, including but not limited to the records of the county dog control department, the county sheriff’s office, or the records of any other municipal, state or federal law enforcement or public safety department:

(A)    Without provocation has bitten or otherwise inflicted serious physical injury on a human being on public or private property;

(B)    Has killed livestock or a domestic animal without provocation while off the dog owner’s property; or

(C)    Has displayed aggressive behavior, attacked, or endangered the safety of humans or domestic animals after such dog has been determined by an appropriate authority, including but not limited to any officer of the county dog control department, to be potentially dangerous, and the owner of such dog has been notified, either orally or in writing, that the dog has been determined to be potentially dangerous.

(8)    “Department” means the city of Yakima animal control department.

(9)    “Head of the household” means any person who owns, leases or otherwise controls any private premises.

(10)    “Kennel” means a building, enclosure or portion of any premises in or at which dogs, cats or other domesticated animals are boarded or kept for hire, or in or at which dogs, cats or other domesticated animals are kept or maintained by any person other than the owner thereof, or in or at which six or more cats or four or more dogs over the age of four months are kept or maintained. This definition shall include boarding kennels, but not pet shops, animal hospitals, or zoos.

(11)    “Litter” means two or more viable offspring.

(12)    “Livestock” means cattle, sheep, horses, llamas, buffalo, deer, elk, rabbits, mules, donkeys, goats, swine, fowl, poultry and any fur-bearing animal bred and maintained commercially or otherwise within pens, fences, cages or hutches.

(13)    “Microchip” means a device implanted for identification purposes and registered in the Humane Society of Central Washington database.

(14)    “Nuisance” means any unlawful act, or failure to perform a duty, which act or failure either annoys, injures or endangers the comfort, repose, health or safety of other persons, or interferes with other persons’ use of property.

(15)    “Animal owner” means any person or legal entity having a possessory property right in an animal or who provides food, water, shelter or a person who owns, harbors, cares for, exercises control over or knowingly permits any animal to remain on premises occupied by that person for more than seventy-two hours.

(16)    “Permit” means and includes human conduct that is intentional, deliberate, careless, inadvertent or negligent in relation to any animal owned by the person.

(17)    “Person” means any individual, natural person, association, firm, partnership, corporation or other legal entity.

(18)    “Physical injury” means impairment of physical condition or substantial pain which is directly caused by a dog’s behavior, and includes scratches, scrapes, cuts, punctures or other evidence of physical injury, not to include bites.

(19)    “Potentially dangerous dog” means:

(A)    Any dog that without provocation:

(i)    Bites or otherwise injures a human person or a domestic animal on either public or private property; or

(ii)    Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of aggression or attack; or

(B)    Any dog which reasonably should be known by its owner to be disposed:

(i)    To attack or chase or approach persons in a menacing fashion or apparent attitude of aggression or attack without provocation; or

(ii)    To cause injury, or otherwise to threaten the safety of humans or domestic animals.

(20)    “Premises” means the area of land to which a person has legal or equitable rights of possession, use and control.

(21)    “Quarantine area” means any area defined by, but not limited to, a veterinarian, physician, public health official or animal control officer, where, for a specified period of time, a dog is to be kept separated from other animals or people.

(22)    “Secure enclosure” means secure confinement of a dangerous dog or a potentially dangerous dog on its owner’s premises, either 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, a secure top and a secure bottom, and shall also provide protection from the elements for the dog.

(23)    “Serious physical injury” means any physical injury which creates a substantial risk of death or causes permanent loss or protracted impairment of any bodily organ or function, or substantial disfigurement.

(24)    “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

(25)    “Tag” means a prenumbered metal or plastic identification license sold to an owner/custodian for a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a license tag.

(26)    “Tattoo” means a predesignated identification number inked into the inside of the ear, lip or flank of the dog.

(27)    “Bitten” means to seize with teeth or jaws so as to enter, grip, wound or pierce, which causes a breaking of the skin, causing an exchange or transfer of saliva.

(28)    “Capable person” means any individual having attributes (as physical or mental powers) required for competent performance and being at least eighteen years of age. (Ord. 2005-69 § 1 (part), 2005).

6.20.020 Enforcement—Animal control officers.

(1)    Law enforcement agencies and animal control officers may enforce the provisions of Chapter 6.20 of the city of Yakima Municipal Code.

(2)    Animal control officers enforcing this chapter shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on law enforcement officers who enforce other criminal laws of the state of Washington.

(3)    Upon receiving a limited commission from the chief of police, animal control officers have the following enforcement powers when enforcing Chapter 6.20 of the city of Yakima Municipal Code:

(A)    The power to issue citations based on probable cause to offenders for misdemeanor and gross misdemeanor violations of Chapter 6.20 of the city of Yakima Municipal Code;

(B)    The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate criminal violations of Chapter 6.20 of the city of Yakima Municipal Code, and to seize evidence of those violations.

(4)    Upon request of an animal control officer who has probable cause to believe that a person has violated provisions of YMC 6.20.170, a law enforcement agency officer may arrest the alleged offender. (Ord. 2005-69 § 1 (part), 2005).

6.20.030 Violation—Penalty.

It is unlawful for any person to violate any provision of this chapter. Any person violating any of the provisions of this chapter shall be guilty of a civil infraction or subject to criminal prosecution, where a violation is specifically designated as a misdemeanor or gross misdemeanor, and therefore subject to criminal fines and penalties if convicted. Any violation of this chapter may result in the animal being impounded, and/or destroyed by order of the court. (Ord. 2005-69 § 1 (part), 2005).

6.20.040 Abatement of nuisances.

Violations of this chapter are deemed public nuisances. Any person violating any provision of this chapter may be enjoined from continued violations or ordered to abate such public nuisance, and if the same is not done by such offender within twenty-four hours thereafter, the same shall be abated and removed under the direction of the officer authorized by the order of the court. Such injunction may be in addition to the civil penalties provided as a part of the disposition in the civil prosecution or in an independent action in equity, and the violator shall be liable for all costs and expenses of abating the same. (Ord. 2005-69 § 1 (part), 2005).

6.20.044 Slaughtering, dressing and butchering of animals and fowl.

No person shall slaughter, dress or butcher any fowl or animal so as to unreasonably expose such act or acts to the view of any person on public or private property. This section does not apply when the conditions of YMC 6.20.045 are met. (Ord. 2009-28 § 2, 2009: Ord. 2007-18 § 2, 2007: Ord. 2005-69 § 1 (part), 2005).

6.20.045 Animal husbandry as nonconforming use.

(1)    When an animal husbandry operation is approved as a nonconforming use pursuant to Title 15 of the Yakima Municipal Code, the slaughter of animals may continue when the following conditions are met:

(A)    The slaughter of the animal is performed by a licensed professional butcher; and

(B)    If the slaughtering of the animal involves the discharge of a firearm, notice shall be provided to the Yakima police department at least two hours prior to the discharge of the firearm. The notice shall be made by phone to the Yakima police department nonemergency number and shall include the location of the discharge, the approximate time of the discharge, and the name of the professional butcher who will be discharging the firearm.

(2)    This section is meant to be an exception to YMC 6.20.044, which prohibits the slaughtering of animals within public or private property view, and YMC 6.44.020, which prohibits the discharge of a firearm within the city of Yakima. (Ord. 2009-28 § 3, 2009).

6.20.046 Poultry at large.

It is unlawful for any person who, as an owner of ducks, geese, turkeys, chickens or other poultry, permits the same to run at large in the city of Yakima. A violation of this section is a misdemeanor. (Ord. 2015-021 § 5, 2015: Ord. 94-22 § 15, 1994: Ord. A-236 § 1(43), 1917. Formerly 6.04.230).

6.20.047 Stock at large.

It is unlawful for any person owning or having the care of any horse, cattle, mules, sheep, goats, hogs or any other kind of livestock to permit or suffer the same to go at large or stop to feed or graze on any street, alley or public square within the corporate limits of the city of Yakima. A violation of this section is a misdemeanor. (Ord. 2015-021 § 7, 2015: Ord. A-236 § 1(53), 1917. Formerly 6.04.280).

6.20.048 Interfering with dog guide or service animal.

1.    (a)    Any person who has received notice that his or her behavior is interfering with the use of a dog guide or service animal who continues with reckless disregard to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except that for a second or subsequent offense it is a gross misdemeanor.

(b)    Any person who, with reckless disregard, allows his or her dog to interfere with the use of a dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the dog guide or service animal user or his or her dog guide or service animal is guilty of a misdemeanor, except that for a second or subsequent offense it is a gross misdemeanor.

2.    (a)    Any person who, with reckless disregard, injures, disables, or causes the death of a dog guide or service animal is guilty of a gross misdemeanor.

(b)    Any person who, with reckless disregard, allows his or her dog to injure, disable, or cause the death of a dog guide or service animal is guilty of a gross misdemeanor.

3.    (a)    In any case in which the defendant is convicted of a violation of this section, he or she shall also be ordered to make full restitution for all damages, including incidental and consequential expenses incurred by the dog guide or service animal user and the dog guide or service animal which arise out of or are related to the criminal offense.

(b)    Restitution for a conviction under this section shall include, but is not limited to:

(i)    The value of the replacement of an incapacitated or deceased dog guide or service animal, the training of a replacement dog guide or service animal, or retraining of the affected dog guide or service animal and all related veterinary and care expenses; and

(ii)    Medical expenses of the dog guide or service animal user, training of the dog guide or service animal user, and compensation for wages or earned income lost by the dog guide or service animal user.

(4)    Nothing in this section shall affect any civil remedies available for violation of this section.

(5)    For purposes of this section, the following definitions apply:

(a)    “Dog guide” means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing-impaired persons.

(b)    “Service animal” means an animal that is trained for the purposes of assisting or accommodating a disabled person’s sensory, mental, or physical disability.

(c)    “Notice” means a verbal or otherwise communicated warning prescribing the behavior of another person and a request that the person stop their behavior.

(d)    “Value” means the value to the dog guide or service animal user and does not refer to cost or fair market value. (Ord. 2015-021 § 6, 2015; Ord. 2002-41 § 1, 2002. Formerly 6.04.240).

6.20.050 Enforcement.

The department shall not be required to enforce provisions of this chapter except by a written or verbal complaint of a person who has satisfactorily identified himself to the department and has either supplied the name and address of the dog owner or has supplied the fact that the dog does not have an owner. Enforcement thereafter is a matter within the discretion of the department. (Ord. 2005-69 § 1 (part), 2005).

6.20.060 Severability.

Should any section or provision of the ordinance codified in this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (Ord. 2005-69 § 1 (part), 2005).

REGISTRATION AND DOG LICENSING

6.20.070 Dog registration and license—Required.

All adult dogs within the incorporated area of the city of Yakima shall be registered with and licensed by the department or its designee at all times; provided, however, that a license issued by other governments located in Yakima County shall be valid under the provisions of this chapter until the last day of December for the current year; and provided, further, that dogs kept under a kennel license pursuant to this chapter shall be exempt from the provisions of this section; provided, further, that dogs kept at the Humane Society under RCW Chapter 16.52 shall be exempt from licensing. All dogs kept at any Humane Society are required to be licensed upon being sold or adopted. (Ord. 2005-69 § 1 (part), 2005).

6.20.080 Dog registration and license—Application.

The person registering and licensing a dog shall submit to the department or its designee the following information:

(1)    The name, date of birth, physical and mailing addresses and telephone number of the owner of the dog being registered;

(2)    The name, date of birth, physical and mailing addresses and telephone number of the person having custody of the dog, if such person is one other than the owner;

(3)    The name, age, breed, color and sex of the dog being registered, and whether or not such dog has been neutered or spayed;

(4)    Distinguishing features, markings, tattoos or microchip number of the dog being registered;

(5)    The address of the premises where the dog is ordinarily kept or maintained;

(6)    A certificate of a veterinarian indicating the last date on which the dog received an initial or booster vaccination against the disease of rabies, along with the expiration date of such vaccination. Should the dog be unable to be immunized against rabies for medical reasons, the signed statement of a veterinarian shall be accepted as proof in lieu of the rabies vaccination certificate. If the owner is unable to produce a certification by veterinarian as to the rabies vaccination, the owner’s certification under oath that the dog has had a rabies vaccination may be accepted. (Ord. 2005-69 § 1 (part), 2005).

6.20.090 Vaccination required for dog registration and license.

As a prerequisite to licensing, any dog four months of age or older shall be currently vaccinated against the disease of rabies. (Ord. 2005-69 § 1 (part), 2005).

6.20.100 Dog registration and license—Fees.

The fee for initial or renewed registration and licensing of any dog shall be:

(1)    For dogs which have been spayed or neutered, fifteen dollars for a license valid for one year and twelve dollars for a renewal thereof for a like period.

Proof of a dog having been either spayed or neutered shall be by certificate from a veterinarian or, if such is unavailable, a statement from the owner under oath, certifying that the dog for which a license application is made is either a spayed female or a neutered male.

(2)    For dogs which have not been spayed or neutered, thirty dollars for a license valid for one year and twenty-five dollars for renewal thereof for a like period.

(3)    The registration and license fee amount shall be deposited into the dog control fund.

(4)    No license fee shall be charged to an owner who is legally blind and uses such dog as a guide dog, or to a deaf person who uses such dog as a hearing-ear dog, or to an owner who has been determined to be disabled pursuant to 42 U.S.C. Section 1382 (supplemental security income) and uses such dog as a support dog. The license shall be valid for the life of the dog.

(5)    No license fee shall be charged to city police and fire agencies for canine support animals.

(6)    Dogs that are spayed or neutered and owned by persons over the age of sixty-two years may be registered and licensed for twenty-five dollars. Dogs that are not spayed or neutered and owned by persons over the age of sixty-two years may be registered and licensed for thirty dollars. The license shall be valid for the life of the dog or until transfer of ownership of the animal.

(7)    The fee for replacement tags shall be five dollars.

(8)    The board may provide for optional registration of dogs by other suitable parties, in which case an agent fee of three dollars shall be added to the licensing fee. (Ord. 2009-61 § 1, 2009: Ord. 2007-58 § 1, 2007: Ord. 2005-69 § 1 (part), 2005).

6.20.110 Dog registration and license—Applications and renewals.

Applications for registration and license issuance shall be made within a timely manner as listed in the conditions set forth below:

(1)    Applications for registration renewal shall be made between the first day of January and the last day of March;

(2)    In the case of a newly acquired dog, the application shall be made within thirty days of either the date of acquisition or the date when the dog reaches six months of age, whichever comes later;

(3)    In the case of a new resident to the city with a licensed or an unlicensed adult dog, the application shall be made within thirty days of establishing residency;

(4)    In the case of a dog licensed by another jurisdiction within Yakima County, the license shall be valid until the last day of December of the year they established residency in the county.

Upon application, certification or submission of proof of immunization and payment of fees by the owner or persons having the custody and control of any adult dog, the department or its designated agent shall issue to the applicant a numbered license identification tag for each dog so registered. The applicant shall ensure that the tag is securely fastened to a substantial collar or harness to be worn at all times by the dog. The absence of the license tag on a dog’s collar shall be prima facie evidence that said dog has not been legally licensed. (Ord. 2005-69 § 1 (part), 2005).

6.20.120 Incomplete applications.

In the event any registration and license applicant fails to provide all required information or fees, the department shall notify such applicant by first-class mail at the mailing address stated on the application or notify applicant by phone of any such deficiency, requesting that any required information or fees be provided to the department within thirty days, and stating that if the required information or fees are not timely received, any fees paid shall be forfeited and the application shall be voided.

If any applicant fails to timely provide information requested under this section, a new application and fee shall be required after the thirty days have expired and any tag previously supplied shall be voided.

Any fees received by the department for applications that cannot be processed shall be deposited into a special revenue account within the dog control department fund and held in that fund for a period of not less than thirty days after notice of deficiencies in the application is mailed to the applicant or until the required information or fees are received. After thirty days have passed since the applicant was notified of any deficiency, such fees shall become miscellaneous revenues. Any overpayment of fees shall be refunded to the applicant if the request for overpayment refund is made within ninety days of such overpayment. (Ord. 2005-69 § 1 (part), 2005).

HUMAN RESPONSIBILITY FOR DOGS

6.20.130 Control of dogs.

It is unlawful for any person to permit any dog to engage in any of the following behavior:

(1)    Level 1 Behavior. Level 1 behavior occurs whenever a dog is at large.

(2)    Level 2 Behavior. Level 2 behavior occurs when a dog:

(A)    While at large, menaces, chases, displays threatening or aggressive behavior, or otherwise threatens or endangers the safety of any person, domestic animal or livestock; or

(B)    Although not at large, bites or causes physical injury to any domestic animal or livestock; or

(C)    Has been convicted of Level 1 behavior on more than one occasion.

(3)    Level 3 Behavior. Level 3 behavior occurs when a dog:

(A)    Although not at large, bites or causes physical injury to any person; or

(B)    After being convicted of Level 2 behavior, is then subsequently convicted of a violation of YMC 6.20.140(1)(A).

(C)    In any determination of whether a dog acted with Level 3 behavior, it is a defense that the dog was provoked.

(D)    A dog convicted of Level 3 behavior shall constitute a potentially dangerous dog.

(4)    Level 4 Behavior. Level 4 behavior occurs when a dog at large bites or causes physical injury to any person, domestic animal, or livestock.

(A)    In any determination of whether a dog acted with Level 4 behavior, it is a defense that the dog was provoked.

(B)    A dog convicted of Level 4 behavior shall constitute a potentially dangerous dog.

(5)    Level 5 Behavior. Level 5 behavior occurs when a dog:

(A)    Although not at large, causes severe injury to any person; or

(B)    While at large causes severe injury to any person or kills any domestic animal or livestock; or

(C)    After being classified under Level 3 or 4 behavior by animal control, law enforcement, or the municipal court, bites, attacks, or endangers the safety of any person; or

(D)    After being convicted of Level 3 behavior, is then subsequently convicted of a violation of YMC 6.20.140(1)(B).

(E)    In any determination of whether a dog acted with Level 5 behavior, it is a defense that the dog was provoked.

(F)    A dog convicted of Level 5 behavior shall constitute a dangerous dog.

(6)    Level 6 Behavior. Level 6 behavior occurs when a dog:

(A)    Whether or not confined, and without provocation, causes the serious physical injury or death of any person; or

(B)    Is used as a weapon in the commission of a crime; or

(C)    After being convicted of Level 5 behavior, is then subsequently convicted of a violation of YMC 6.20.140(1)(C).

(D)    A dog convicted of Level 6 behavior shall constitute a dangerous dog. (Ord. 2015-003 § 1 (part), 2015: Ord. 2005-69 § 1 (part), 2005).

6.20.140 Control of potentially dangerous or dangerous dogs.

(1)    It is unlawful for any person to fail to comply with the following provisions applicable to dogs which have engaged in behaviors described in YMC 6.20.130, which may result in the dog being impounded and held until the animal owner has met the appropriate stipulations:

(A)    Dogs which have exhibited Level 2 behavior shall be restrained in a manner that prevents the dog from reaching any public sidewalk, or adjoining property. Such dogs must be located so as not to interfere with the public’s legal access to the dog owner’s property. Whenever that dog is off the dog owner’s property it must be on a chain leash under the actual control of a capable person. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of public liability insurance.

(B)    Dogs which have exhibited Level 3 behavior shall be physically restrained by a chain leash, confined within a secure enclosure or inside the home of the owner that prevents the dog from reaching any public sidewalk, or adjoining property. Such dogs must be located so as not to interfere with the public’s legal access to the owner’s property. Whenever that dog is not physically restrained or confined or is off the dog owner’s property, it must be on a chain leash under the actual control of a capable person. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of public liability insurance.

(C)    Dogs which have exhibited Level 4 or Level 5 behavior shall be confined within a secure enclosure whenever the dog is not inside the home of the owner. The secure enclosure must be located so as not to interfere with the public’s legal access to the dog owner’s property, and the dog owner shall conspicuously post warning signs, which must be approved by the department, on the property where the dog is kept. In addition, the department may require the dog owner to obtain and maintain proof of public liability insurance. The dog owner shall not permit the dog to be outside of the secure enclosure unless the dog is muzzled, on a chain leash and under the actual control of a capable person.

(D)    Dogs which have exhibited Level 6 behavior shall be euthanized.

(2)    The department shall require that all potentially dangerous dogs be microchipped.

(3)    Any dangerous dog shall be immediately confiscated by the animal control officer or any law enforcement officer if the dog is (A) not validly registered under subsection B of this section, (B) if the owner does not secure and maintain the liability insurance coverage or bond required under subsection B of this section, (3) the dog is not maintained in the proper enclosure, or the dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. (Ord. 2015-003 § 1 (part), 2015: Ord. 2005-69 § 1 (part), 2005).

6.20.150 Dog in estrus at large prohibited.

It is unlawful for any person to permit a female dog in estrus, also known as being in season or in heat, to be accessible to any male dog not owned by the female dog’s owner, except by the agreement of the owners of both the male and female dogs for the purpose of controlled breeding for the betterment of the breed. (Ord. 2005-69 § 1 (part), 2005).

6.20.160 Restraint within quarantine area.

Any dog or other animal that inflicts a bite upon a human or domestic animal, or which an animal control officer has probable cause to believe is carrying or infected by a disease which threatens the health of human beings or other animals, may be quarantined by an animal control officer. At the discretion of the animal control officer, the dog or other animal may be quarantined either at the animal owner’s residence or at the city animal shelter. The quarantine shall be for a minimum of ten days and may be extended by the animal control officer for a reasonable period necessary to ensure the dog or other animal is free of infectious disease. Notwithstanding any other provision of this code, a dog or other animal that is determined by a veterinarian licensed under RCW Chapter 18.92 to carry a disease that threatens the health of human beings or other animals may be immediately destroyed where such action is necessary to protect the health of human beings or other animals.

It is unlawful for any person to permit any dog to leave the confines of any quarantine area. (Ord. 2005-69 § 1 (part), 2005).

6.20.170 Abuse of animals prohibited.

(1)    A person is guilty of animal cruelty if, under circumstances not amounting to a violation of RCW 16.52.205, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon any animal.

(2)    An owner of an animal is guilty of animal cruelty if, under circumstances not amounting to a violation of RCW 16.52.205, the owner knowingly, recklessly, or with criminal negligence:

(A)    Fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or

(B)    Abandons the animal.

(3)    Animal cruelty is a misdemeanor.

(4)    In any prosecution of animal cruelty, it shall be an affirmative defense, if established by the defendant by a preponderance of the evidence, that the defendant’s failure was due to economic distress beyond the defendant’s control.

(5)    If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated this chapter and no responsible person can be found to assume the animal’s care, the officer may authorize, with a warrant, the removal of the animal to a suitable place for feeding and care, or may place the animal under the custody of an animal care and control agency. In determining what is a suitable place, the officer shall consider the animal’s needs, including its size and behavioral characteristics. An officer may remove an animal under this subsection without a warrant only if the animal is in an immediate life-threatening condition.

(6)    If a law enforcement officer or an animal control officer has probable cause to believe a violation of this chapter has occurred, the officer may authorize an examination of a domestic animal allegedly neglected or abused in violation of this chapter by a veterinarian to determine whether the level of neglect or abuse in violation of this chapter is sufficient to require removal of the animal. This section does not condone illegal entry onto private property.

(7)    Any owner whose domestic animal is removed pursuant to this chapter shall be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. The notice shall be given by posting at the place of seizure, by delivery to a person residing at the place of seizure, or by registered mail if the owner is known. In making the decision to remove an animal pursuant to this chapter, the officer shall make a good faith effort to contact the animal’s owner before removal.

(8)    The agency having custody of the animal may euthanize the animal or may find a responsible person to adopt the animal not less than fifteen business days after the animal is taken into custody. A custodial agency may euthanize severely injured, diseased, or suffering animals at any time. An owner may prevent the animal’s destruction or adoption by: (a) petitioning the Yakima municipal court for the animal’s immediate return subject to court-imposed conditions, or (b) posting a bond or security in an amount sufficient to provide for the animal’s care for a minimum of thirty days from the seizure date. If the custodial agency still has custody of the animal when the bond or security expires, the animal shall become the agency’s property unless the court orders an alternative disposition. If a court order prevents the agency from assuming ownership and the agency continues to care for the animal, the court shall order the owner to renew a bond or security for the agency’s continuing costs for the animal’s care.

(9)    If no criminal case is filed within fourteen business days of the animal’s removal, the owner may petition the Yakima municipal court for the animal’s return. The petition shall be filed with the court, with copies served to the law enforcement or animal care and control agency responsible for removing the animal and to the prosecuting attorney. If the court grants the petition, the agency which seized the animal must deliver the animal to the owner at no cost to the owner. If a criminal action is filed after the petition is filed but before the animal is returned, the petition shall be joined with the criminal matter.

(10)    In a motion or petition for the animal’s return before a trial, the burden is on the owner to prove by a preponderance of the evidence that the animal will not suffer future neglect or abuse and is not in need of being restored to health.

(11)    Any authorized person treating or attempting to restore an animal to health under this chapter shall not be civilly or criminally liable for such action. (Ord. 2005-69 § 1 (part), 2005).

6.20.180 Abandonment of animals prohibited.

It is unlawful for any person to leave any animal unattended for more than twenty-four hours without adequate care, including without limitation water, food, shelter, sanitation, ventilation, rest and medical attention. (Ord. 2005-69 § 1 (part), 2005).

6.20.190 Confinement in motor vehicle prohibited.

It is unlawful for any person to leave any animal confined within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including without limitation conditions involving dangerous temperature, lack of food, water or attention. (Ord. 2005-69 § 1 (part), 2005).

6.20.200 Pet animals—Taking, concealing, injuring, killing, etc.—Penalty.

(1)    Any person who, with intent to deprive or defraud the owner thereof, does any of the following shall be guilty of a gross misdemeanor and shall be punished as prescribed under YMC 6.02.050(B) and by a mandatory fine of not less than five hundred dollars per pet animal except as provided by subsection (1)(D) of this section:

(A)    Takes, leads away, confines, secrets or converts any pet animal, except in cases in which the value of the pet animal exceeds two hundred fifty dollars;

(B)    Conceals the identity of any pet animal or its owner by obscuring, altering, or removing from the pet animal any collar, tag, license, tattoo, or other identifying device or mark;

(C)    Willfully or recklessly kills or injures any pet animal, unless excused by law;

(D)    Nothing in this subsection shall prohibit a person from also being convicted of separate offenses under RCW 9A.56.030, 9A.56.040, 9A.56.050, or equivalent local ordinance for theft or under RCW 9A.56.150, 9A.56.160, 9A.56.170, or equivalent local ordinance for possession of stolen property.

(2)    The sale, receipt, or transfer of each individual pet animal in violation of this section constitutes a separate offense.

(3)    The provisions of this section shall not apply to the lawful acts of any employees, agent, or director of any Humane Society, animal control agency, or animal shelter operated by or on behalf of any government agency operating under law. (Ord. 2005-69 § 1 (part), 2005).

6.20.210 Removal of dog waste from public areas.

It is unlawful for the owner or other person with custody of a dog to fail to remove any feces excreted by the dog from any public place not designed to receive dog waste, including without limitation streets, sidewalks, parking strips and public parks, or any private place off the dog owner’s premises. (Ord. 2005-69 § 1 (part), 2005).

6.20.220 Keeping in nauseous manner.

It is unlawful for any person to keep, harbor or maintain any animal or fowl, or any pen, kennel, yard, enclosure or building in which animals or fowl are kept, in the city of Yakima in such a manner as to be nauseous, foul or offensive, and any such animal or fowl or condition or manner of maintenance is declared to be a nuisance. (Ord. 2005-69 § 1 (part), 2005).

6.20.230 Injury to property.

It is unlawful for any person owning or having the control of any dog to permit the same to trespass upon private or public property so as to damage or destroy any property or thing of value, and any such dog is declared to be a nuisance and may be seized and impounded as provided in this chapter. (Ord. 2005-69 § 1 (part), 2005).

6.20.240 Rabies inoculation required—Exception.

No person may keep any adult dog unless that dog has been inoculated against rabies, unless the dog has, for medical reasons stated in writing by a licensed veterinarian, been specifically exempted from rabies inoculation. (Ord. 2005-69 § 1 (part), 2005).

6.20.250 Jumping and barking at pedestrians.

It is unlawful for any person to keep or harbor any dog or animal that frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys or public places of the city of Yakima, and the same is declared to be a nuisance, and any such dog or other animal may be seized or impounded as provided in this chapter. (Ord. 2005-69 § 1 (part), 2005).

6.20.260 Leashes required.

(1)    Except as provided in YMC 13.16.115, it is unlawful for the owner or custodian of any dog to cause, permit or allow such dog to roam, run, stray or to be away from the premises of such owner or custodian and to be on any public place, or on any public property, or the private property of another in the city of Yakima, unless such dog, while away from such premises, is controlled by a leash or chain not more than eight feet in length, such control to be exercised by such owner or custodian or other competent and authorized person; and any dog roaming, running, straying or being away from such premises and not on a leash as herein provided may be impounded subject to redemption in the manner provided by ordinance.

(2)    It is unlawful for the owner or custodian of a potentially dangerous dog, as defined in this chapter, to cause, permit or allow such dog to be off the premises of such custodian or owner unless such dog is under the direct control of an adult person by means of a leash or chain not more than eight feet in length and a muzzle.

(3)    Penalties. Anyone violating or failing to comply with the provisions of this section shall be punishable by civil penalties as set forth in YMC 6.20.440. (Ord. 2015-023 § 3, 2015: Ord. 2005-69 § 1 (part), 2005).

6.20.270 Dogs at large prohibited.

(1)    No person, dog owner or custodian shall permit any dog to be at large.

(2)    The owner or rightful occupant of any premises is presumed to own any dog kept at the premises. (Ord. 2005-69 § 1 (part), 2005).

6.20.280 Barking dogs prohibited.

(1)    It is unlawful for any person in control of premises to keep, harbor or maintain thereon any dog or dogs which individually or together habitually bark, growl, yelp, howl or whine so loudly and for such a duration of time as to unreasonably disturb the peace, quiet, comfort and repose of others within the city of Yakima. Any such dog or dogs shall be declared a nuisance and may be seized and impounded if such disturbance reoccurs after the person in control of the premises has received two prior warnings within a period of six months from any law enforcement or animal control officer of the city.

(2)    It shall be an affirmative defense to subsection (1) of this section that the howling, yelping, barking or other noise complained of was by a guard dog or watch dog which was responding to intruders, trespassers or other persons entering onto or near the premises of the dog owner. (Ord. 2005-69 § 1 (part), 2005).

6.20.290 Dog bites to be reported.

Any person who is bitten by a dog, or who otherwise is exposed to dog saliva through an open wound on the person, or any doctor, veterinarian or hospital employee having information that a person has been bitten by a dog or has otherwise been exposed to dog saliva through an open wound within the city of Yakima shall notify the department of such bite or exposure, giving the description of the dog, the name and address of the owner, and the location of the incident, if known to said person. (Ord. 2005-69 § 1 (part), 2005).

IMPOUNDMENT OF DOGS

6.20.300 Impoundment of dogs.

Dogs found or reasonably believed to be kept in violation of this chapter or Chapter 6.18 may be impounded by the department. If impounded, a dog shall not be redeemed until it has been microchipped at the owner’s expense; provided, that if a complaint identifying the dog owner of a dog at large, a barking dog or an unlicensed dog is received and the dog owner can be immediately located, the dog shall be left with the dog owner, and a summons and notice to appear in regard to the violation may be issued to such dog owner. (Ord. 2007-11 § 3, 2007: Ord. 2005-69 § 1 (part), 2005).

6.20.305 Interference with impounding.

It is unlawful for any person in control of premises to refuse to surrender to any law enforcement or animal control officer of the city of Yakima any dog or dogs sought to be confiscated or impounded under the provisions of this chapter or Chapter 6.18 of the city of Yakima Municipal Code. The maximum penalty for a violation of this section shall be ninety days in jail or one thousand dollars fine or both. (Ord. 2007-11 § 4, 2007: Ord. 2005-69 § 1 (part), 2005).

6.20.310 Notice of impoundment.

Upon impoundment of any dog or other animal or the confiscation of a dangerous dog, the impounding authority shall immediately notify the owner in writing. Such written notice shall be served upon the owner or, if the owner is not present, then upon any person of suitable age and discretion residing at the owner’s residence. Contained within such written notice shall be a description of the dog or other animal, any license number, the reason for impoundment or confiscation, and the terms upon which such dog or other animal may be redeemed. If the owner of such dog or other animal is unknown, then such written notice shall be posted as soon as possible after confiscation or impoundment at the Humane Society of Central Washington. (Ord. 2005-69 § 1 (part), 2005).

6.20.320 Redemption of impounded animals.

(1)    The owner or owner’s agent of any dog or other animal impounded pursuant to this chapter or Chapter 6.18 of this title may redeem the impounded dog or animal within forty-eight hours, exclusive of Sundays and holidays, after notice of the impoundment is given pursuant to YMC 6.20.310. Such redemption shall be effected as provided by subsection (2) of this section.

(2)    (A)    Except for animals contemplated by subsection (2)(B) of this section, redemption for each dog may be accomplished by payment to the impounding authority of the amount of twenty-five dollars for the first impoundment of the same dog during any twelve-month period; and the redemption fee shall increase by increments of twenty dollars for each subsequent impoundment of that same dog during that twelve-month period. In addition to the redemption fee provided by this subsection, a person redeeming an unlicensed dog shall also pay for and obtain a current city of Yakima dog license before the dog is redeemed. In addition to the redemption fee, an additional charge of ten dollars per day shall be imposed for the period of time that the impounded dog is kept in the pound after impoundment, together with the cost for mandatory microchipping, prior to redemption.

(B)    In the case of smaller animals other than dogs not requiring special equipment for transporting the same to the pound, the impounding fee shall be twenty-five dollars, and a charge of not less than ten dollars per day may be imposed by the impounding authority for the care and feeding of such animals. In the case of larger animals requiring special equipment for transporting the same to the pound (any equipment larger than a pickup or panel delivery truck), the basic impounding fee shall be twenty-five dollars; and in the event such an impoundment occurs at any time other than between nine a.m. to five p.m. on weekdays, or between ten a.m. and four p.m. on a Saturday, or if the impoundment occurs on a legal holiday, the impoundment fee shall be forty-five dollars. An additional charge of ten dollars per day shall be made for the care and feeding of such animals.

(C)    Any payment required by this subsection for the redemption of an impounded dog or other animal may be made with any commercially reasonable tender, including but not limited to cash, money orders or major credit or debit cards, on sufficient identification being made.

(D)    The impound fee shall be waived the first time a dog licensed with the city of Yakima is impounded; provided, that the dog license is current and valid.

(3)    In the event an owner of an impounded dog or other animal desires to contest the validity of the impoundment, the impounded dog or other animal nevertheless may be redeemed by the execution and delivery to the impoundment authority of a promissory note payable to the city of Yakima in the amount of fifty dollars plus the appropriate impoundment fee, and the simultaneous filing of a petition for a hearing with the impoundment authority. The petition shall be in the form set forth in subsection (8) of this section.

The impounding authority shall cause all timely requests for animal impoundment hearing to be filed with the city of Yakima municipal court.

(4)    If an impounded dog or other animal is not redeemed by its owner within the forty-eight-hour period following the notice of impoundment, then any person may redeem the dog or other animal by complying with the provisions of subsection (2)(A) of this section; provided, however, that within the discretion of the impounding authority, any such impounded dog or other animal may be humanely destroyed or otherwise disposed of; provided, further, that in the case of any horse, mule, cattle, hog or other stock animals that may be impounded when running at large within the city of Yakima, the impounding authority shall follow the procedure established by the laws of the state of Washington in RCW Title 16 relative to the care and sale of strays.

(5)    Redemption of Potentially Dangerous or Dangerous Dogs. Any potentially dangerous or dangerous dog, as defined in this chapter and which is confiscated pursuant to YMC 6.20.300, shall be humanely destroyed at the conclusion of seventy-two hours, excluding weekends and holidays, after a notice of confiscation is served or posted pursuant to YMC 6.20.310, unless the potentially dangerous dog or dangerous dog’s owner or the owner’s agent satisfies the corresponding stipulations of ownership, if applicable, pursuant to YMC 6.20.140, and demonstrates such to the department within the seventy-two hours, or requests a hearing as provided in this subsection that is granted by the court. The hearing shall be set within ten business days of the delivery of the request to the municipal court. Once a timely request for a hearing has been received by the court, only the court may order the dog released before the scheduled hearing. The person requesting the hearing shall be liable to the city for the sum of twenty-five dollars’ confiscation fee and ten dollars for each day such dog is confined by the city. Requests for such hearing shall be filed with the Yakima municipal court by the dog owner or his agent with a copy served upon the department of economic development or its designee. The petition shall be in the form set forth at subsection (8) of this section.

(6)    The daily boarding fees set forth in this section as costs to the individual redeeming an impounded dog may be increased from time to time to reflect actual increased cost assessments by the Humane Society for boarding city animal impounds.

(7)    Redemption of Pit Bull Dog. In addition to the provisions provided in this section, an owner or owner’s agent redeeming a pit bull dog must sign a promise to remove the dog from the city of Yakima and provide the address to which the animal will then reside.

(8)    

 

IN THE MUNICIPAL COURT OF THE STATE OF WASHINGTON

CITY OF YAKIMA

____________________________,

)

 

 

)

 

Petitioner,

)

NO. ______________________

 

)

 

vs.

)

IN RE THE ANIMAL IMPOUND OF A

 

)

DOG NAMED ____________________

CITY OF YAKIMA,

)

 

 

)

 

Respondent.

)

 

 

)

 

______________________________

)

 

 

 

 

COMES NOW ______________________(Petitioner), as owner of a ________________ (breed) dog named ___________________ to request the Court calendar this matter for the following purpose:

  [ ] Contest the validity of the seizure;

  [ ] Contest the dog’s behavior Level as defined in YMC 6.20.130;

  [ ] Other: ____________________________.

The dog is currently being held at the city impound facility. I understand that if I fail to appear at the time set by the Court for the hearing, the Court shall enter an order finding the motion(s) dismissed with prejudice.

Dated this ________ day of _______________________________, 20_______.

 

_________________________________________

 

 

Name: _________________________________

 

 

Address: ________________________________

 

 

Telephone: ______________________________

 

 

 

It is hereby ORDERED:

 

 

  [ ] This case may be set as requested;

  [ ] This case may be set with the following amendment(s): ____________________

___________________________________________________________________.

  [ ] Motion is denied. Set no hearing;

  [ ] Other: __________________________________________________________.

Dated: ___________________ Judge/Commissioner: ______________________________

(Ord. 2015-003 § 1 (part), 2015: Ord. 2009-61 § 2, 2009: Ord. 2007-58 § 2, 2007: Ord. 2007-42 § 1, 2007: Ord. 2007‑11 § 5, 2007: Ord. 2005-69 § 1 (part), 2005).

6.20.330 Injured or diseased animals.

Any dog or other animal suffering from serious injury or disease may be humanely destroyed by the impounding authority. (Ord. 2005-69 § 1 (part), 2005).

REGISTRATION OF DANGEROUS DOGS

6.20.340 Dangerous dogs or potentially dangerous dogs—Registration requirements—Fee.

(1)    In addition to any other registration and licensing requirements provided in this chapter, it is unlawful for a person to keep any dog that engaged in Level 3, 4, 5 or 6 behavior, as described in YMC 6.20.130 and as determined by an animal control officer, law enforcement officer, or order of the municipal court, in the city without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work.

(2)    The department shall issue a certificate of registration to the owner of a dangerous or potentially dangerous dog if the owner presents to the department sufficient evidence of:

(A)    A proper enclosure to confine the dangerous dog and the posting of the premises with clearly visible warning signs that there is a dangerous dog on the property. In addition, the owner shall conspicuously display warning symbols that inform children of the presence of a dangerous or potentially dangerous dog; and

(B)    A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the department in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous or potentially dangerous dog; or

(C)    A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Chapter 48.28 in the amount of at least two hundred fifty thousand dollars, insuring the owner against liability to any person for injuries inflicted by the dangerous or potentially dangerous dog.

(3)    A fee of one hundred fifty dollars shall be paid to the department by any person seeking to register a dangerous or potentially dangerous dog. (Ord. 2015-003 § 1 (part), 2015: Ord. 2005-69 § 1 (part), 2005).

KENNELS

6.20.350 Kennel license—Requirements.

It is unlawful for any person to own, maintain or operate a kennel unless such person has obtained the applicable license as provided hereinafter. If there is a change in the ownership of any kennel, the new owner shall have the license transferred to his name upon receipt of a new updated application and payment of a twenty-five-dollar transfer fee. (Ord. 2005-69 § 1 (part), 2005).

6.20.360 Kennel license—Application.

(1)    Information Required. Any person making application for a kennel license shall submit to the department the following information:

(A)    The name, address and phone number of the owner of the kennel;

(B)    The name, address and phone number of the person having primary supervision of the kennel;

(C)    The address or location and phone number of the kennel;

(D)    The maximum number of adult dogs which the kennel will contain at any time;

(E)    The name and address of the person designated by the applicant as agent for service of legal process or notice;

(F)    A statement giving permission for the inspection of the kennel at any reasonable time;

(G)    For all commercial and foster shelter kennels, a certificate of zoning compliance issued by the appropriate department of the city of Yakima.

(2)    Notice of Deficiencies. In the event any kennel license applicant fails to provide all required information or fees, the department shall notify such applicant by first-class mail at the mailing address stated on the application of any such deficiency, demanding that any required information or fees be provided to the department within thirty days, and stating that if such required information or fees are not timely received, any fees paid shall be forfeited and the application shall be voided.

(3)    Failure to Provide Information. If any applicant fails to timely provide information requested under this section, a new application and fee shall be required after the thirty days have expired, and any tag previously supplied shall be voided.

(4)    Disposition of Fees Received. Any fees received by the department for applications that cannot be processed shall be deposited into a special revenue account within the dog control department fund and held in that fund for a period of not less than thirty days after notice of deficiencies in the application is mailed to the applicant or until the required information or fees are received. After thirty days have passed since the applicant was notified of any deficiency, such fees shall become miscellaneous revenues. Any overpayment of fees shall be refunded to the applicant if the request for overpayment refund is made within ninety days of such overpayment.

(5)    Appeals. Any decision made concerning the type of kennel to be licensed and the fee required may be appealed to the appropriate licensing agency for the city of Yakima. Should the appeal be determined in favor of the applicant, the excess of the license fee shall be refunded from the date the appeal was filed, on a prorated monthly basis.

(6)    Refunds. Any moneys from the initial application fees that cannot be processed shall be deposited into a special revenue account in the dog control department fund as a special revenue item at the end of the forfeiture period. Amounts not forfeited shall be deposited into the kennel license fees category when correct fees are received. All refunds are to be made from the kennel license fee revenue account upon completion of a completed and approved refund request form. (Ord. 2005-69 § 1 (part), 2005).

6.20.370 Kennel license—Fees and late penalties.

(1)    The application for a kennel license shall be accompanied by a fee as follows:

(A)    Commercial or foster shelter kennel: Two hundred fifty dollars per year upon submission, inspection and approval of the enforcement agency and officer.

(B)    Hobby kennel: Fifty dollars per year upon submission, with a surcharge of ten dollars per unaltered dog, upon inspection and approval of the enforcement agency and officer.

(C)    Late penalty: One-half the applicable amount.

(2)    The late penalty shall be assessed if the license is not obtained by the thirty-first of January. (Ord. 2005-69 § 1 (part), 2005).

6.20.380 Kennel license—Inspection of facilities.

Upon initial application for a kennel license, the department or its designee shall inspect the subject facilities to determine if they may properly be licensed. (Ord. 2005-69 § 1 (part), 2005).

6.20.390 Kennel license—Display.

The license issued for a kennel shall be posted in a conspicuous place upon the premises where such kennel is located. (Ord. 2005-69 § 1 (part), 2005).

6.20.400 Kennel license—Expiration and renewal.

Kennels shall be licensed in January on a yearly basis ending December 31st. Fees for new applications shall be prorated and charged one-twelfth the fee for each month remaining in the calendar year. License renewals shall be processed in the same manner as the original application, except that a certificate of zoning compliance is not required. Each kennel may choose from the following options at the time of renewal:

(1)    License each dog individually; or

(2)    Pay the appropriate kennel fee. (Ord. 2005-69 § 1 (part), 2005).

6.20.410 Kennel license—Revocation, denial or refusal to renew.

A license for any kennel may be revoked, denied or not renewed for failure to comply with the provisions of this chapter, and such action by the department shall be final and conclusive unless within twenty days of written notification thereof an appeal is filed. (Ord. 2005-69 § 1 (part), 2005).

6.20.420 Kennel license—Records required.

Each kennel shall prepare, maintain and make available to the department a current record of all dogs auctioned off, sold, let or otherwise disposed of, proof of vaccination, and a current record of all dogs born within such facility or acquired from other sources. Such records shall include the origin, the age and type of dog, and the name and address of the transferee or transferor. A kennel shall have available for inspection at any time all required records, tags, tattoos or microchip numbers for each dog. (Ord. 2005-69 § 1 (part), 2005).

6.20.430 Vaccination required.

Each kennel shall cause each dog owned or sold by it to receive current and proper immunization for distemper, hepatitis, parainfluenza and parvovirus inoculation for dogs over eight weeks of age and, in addition, rabies inoculation for dogs over four months of age. (Ord. 2005-69 § 1 (part), 2005).

PENALTIES

6.20.440 Penalties.

 

CODE

CLASS

PENALTY

CHARGE

6.20.044

Inf.

$250.00

Slaughter, dress, butcher animals/fowl

6.20.070

Inf.

$250.00

Dog registration/license required

6.20.130(1)

Inf.

$200.00

Permit dog at large

6.20.130(2)

Inf.

$300.00

Permit dog at large—threatens, menaces

6.20.130(3)(A)

Misd.

Std.

Permit dog at large—physical inj. animal

6.20.130(3)(B)

Inf.

$400.00

Permit dog at large—prior Level 2 convic.

6.20.130(4)

G. Misd.

Std.

Permit dog to bite/cause harm to person

6.20.130(5)

G. Misd.

Std.

Permit dog at large—bite person, kill animal

6.20.130(5)(B)

G. Misd.

Std.

Permit dog at large—prior Level 3 convic.

6.20.130(6)(A)

G. Misd.

Std.

Permit dog to cause serious injury/death

6.20.130(6)(B)

G. Misd.

Std.

Use dog as weapon to commit crime

6.20.130(6)(C)

G. Misd.

Std.

Dog with prior convic. Level 5

6.20.140(1)(A)

Inf.

$200.00

Fail to control Level 2 dog

6.20.140(1)(B)

Misd.

Std.

Fail to control Level 3 dog

6.20.140(1)(C)

G. Misd.

Std.

Fail to control Level 4 or 5 dog

6.20.140(1)(D)

G. Misd.

Std.

Fail to euthanize Level 6 dog

6.20.150

Inf.

$250.00

Permit dog in estrus at large

6.20.160

Misd.

Std.

Permit quarantined dog to leave

6.20.170

Misd.

Std.

Abuse of animals

6.20.180

Inf.

$250.00

Abandonment of animal

6.20.190

Inf.

$500.00

Confinement in automobile

6.20.200

G. Misd.

Std., >$500.00

Taking, injuring, concealing pet

6.20.210

Inf.

$100.00

Fail to remove dog waste

6.20.220

Inf.

$250.00

Keep animal in nauseous manner

6.20.230

Inf.

$250.00

Allow dog to damage property

6.20.240

Inf.

$200.00

Fail to provide dog rabies vaccin.

6.20.250

Inf.

$250.00

Allow dog to jump/bark at pedest.

6.20.260

Inf.

$250.00

Leash violation

6.20.280

Inf.

$250.00

Barking dog

6.20.305

Misd.

Std.

Interfere with impounding

6.20.340

Misd.

Std.

Dangerous dog (Lev. 3, 4, 5 or 6) w/o regis.

6.20.350

Inf.

$500.00

Own/operate kennel w/o license

(Ord. 2005-69 § 1 (part), 2005).