Chapter 6.04 ANIMAL CONTROL

The provisions of this chapter shall be deemed an exercise of the police powers of the city for the reasonable regulations, utilization and treatment of animals while at the same time providing for the health, safety, welfare and general protection of the citizens of Zillah. Nothing contained in this chapter shall create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by this chapter. (Ord. 1453 § 1, 2017; Ord. 1027 § 1, 2004)

6.04.020 Definitions.

As used in this chapter, the following words shall be defined as follows:

A. “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.

B. “Aggressive animal” means any animal other than a “dangerous dog” that evidences aggressive behavior or otherwise endangers the safety of any person or domestic animal by biting or attacking without provocation.

C. “Allow” means to grant, approve or permit by action or inaction.

D. “Animal” means any living creature, domestic or wild, except man.

E. “Animal control officer” means the person, association or corporation appointed or authorized (including contractual authorization) by the mayor of the city to carry out the duties of the animal control officer and enforcement under this chapter.

F. “Animal shelter” means any facility operated by a humane society, municipal agency or other organization or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

G. “Butchering” means the processing of animals or fowl for market and/or home use.

H. “Dangerous dog” means any dog that, according to the records of an appropriate authority, including but not limited to the records of the city animal control officer or department, city police department, or the records of any municipal, state or federal law enforcement or public safety department, evidences any of the following:

1. Without provocation has bitten or otherwise inflicted serious physical injury on a human being or public or private property;

2. Has killed livestock or a domestic animal without provocation while off the dog owner’s property; or

3. Has displayed aggressive behavior, attacked, or endangered the safety of humans or domestic animals after such dog has been determined by an appropriate authority 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.

I. “Domestic animals” means any animals that are usually tamed or bred for the use of humans.

J. “Kennel” means any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding dogs, or any owner possessing four or more like animals for more than a 30-day period.

K. “Kennel facility” means a structure consisting primarily of fence sufficient to enclose the dogs being kenneled. Each kennel facility must have enough individual pens so as to ensure that no more than three dogs will be enclosed in any one fenced facility. Each kennel must also have facilities for water and for waste disposal to ensure that the kennels are kept clean and free from undue odors and from the accumulation of garbage and waste. Finally, kennel facilities must have a cover to ensure that all dogs maintained at the kennel will have shelter from rain and snow.

L. “Killing” means destroying the life of any animal or fowl.

M. “Livestock” means animals not meeting the definition of domestic animal/pet kept either in open fields or structures for training, boarding, home use, sales, or breeding and production use of profit, including horses, mules, donkeys, ponies, cattle, llamas, alpacas, emus, goats, pygmy goats, sheep, or other animals as determined by the planning official to be similar in nature and size.

N. “Owner” means any person, partnership, company, or corporation owning, keeping, possessing, having custody of or harboring one or more animals in the city. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.

O. “Person” means an individual, partnership, company or corporation.

P. “Pet shop” means any person, partnership, company or corporation, whether operated separately or in connection with another business enterprise, which buys, sells or boards any species of animal.

Q. “Public nuisance” means any animal or fowl which:

1. Molests passersby or passing vehicles;

2. Attacks other animals;

3. Trespasses on school grounds or private property;

4. Is repeatedly at large;

5. Damages private or public property; or

6. Barks, whines, howls or makes any noise in an excessive, continuous or untimely fashion (see ZMC 6.04.210 for further description).

R. Restraint. An animal shall be deemed to be under restraint if:

1. The animal is on the property of its owner or another entrusted with its care by the owner and the property is fenced or enclosed in such a manner that the animal cannot leave the property; or

2. The animal is on the property of its owner or another entrusted with its care by the owner and attached to an immovable object by a chain, leash, rope or other such substance, the length of which cannot permit the animal to leave the limits of the property. The material used must be of sufficient strength to prevent the escape of the animal; or

3. It is off the property of the owner and on a leash, cord, rope or chain no longer than eight feet and under the control of a person able to restrain the animal.

S. “Service animals” are defined as dogs that are individually trained to do work or perform tasks for people with disabilities, as indicated in Titles II and III in the Americans with Disabilities Act.

1. When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (a) is the dog a service animal required because of a disability, and (b) what work or task has the dog been trained to perform.

T. “Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian or maintained and operated for the diagnosis and treatment of diseases and injuries of animals.

U. “Wild animal” means any animal that is not usually tamed or bred for the use of humans. (Ord. 1453 § 1, 2017; Ord. 1027 § 2, 2004)

6.04.030 License – Required.

It is unlawful for any person to own any dog over the age of six months within the city unless the owner has first procured a license therefor or unless no license is required by this chapter. This provision does not apply to the keeping of cats, small caged birds and small aquatic animals and/or amphibians. (Ord. 1453 § 1, 2017; Ord. 1027 § 3, 2004)

6.04.040 License – Exemption.

The licensing provisions of this chapter shall not apply to the following dogs:

A. Those whose owners are nonresidents temporarily within the city;

B. Those brought into the city for the purpose of participating in any dog show;

C. Governmental police dogs;

D. Service animals that are certified through the National Service Animal Registry or by another entity approved by the mayor, city administrator, or chief of police;

E. Those dogs kept and intended for sale in licensed pet stores. (Ord. 1453 § 1, 2017; Ord. 1027 § 4, 2004)

6.04.050 License – Application.

A. Applications for the city dog licenses shall be made at City Hall. Upon payment to the city of the required license fee provided in this chapter, a license shall be issued. Upon such application being made and license fee being paid, there shall be issued a metal tag upon which shall be inscribed “Zillah (license number) Dog (year) Tag,” which shall be worn by the dog at all times. Issuance of the dog tag shall occur following payment of the applicable fee and completion of forms provided by City Hall disclosing the owner’s name, address, the name and type of the animal to be licensed, the age of the animal, its sex, and, if female, whether the animal has been spayed, or, if male, whether the animal has been neutered, together with any other information the animal control officer deems advisable. It shall be the duty of City Hall to keep and maintain a public list of all owners to whom licenses are issued, together with the number of the licensing tag issued to each owner. Application for a license must be made within 30 days after obtaining a dog over six months old. Failure to obtain a license as required within the time period specified in this section shall constitute a violation of this chapter. No person may use any license for any animal other than the animal for which it was issued.

B. No person, partnership, company or corporation shall operate a commercial animal establishment or animal shelter without first obtaining a permit in compliance with this chapter.

C. The license period shall begin January 1st and end December 31st of each calendar year. Renewal application for licenses shall begin January 1st and end the last day of March of each calendar year. Application for a permit or a license to establish a new commercial animal establishment under the provisions of this chapter may be made at any time. If there is a change in ownership of a commercial animal establishment, the new owner must apply for a new permit.

D. Every facility regulated by this chapter shall be considered a separate enterprise and requires an individual license or permit.

E. No license fee may be required of any veterinary hospital, animal shelter or government-operated zoological park.

F. Failure to obtain a license or permit before opening any facility covered under this chapter shall constitute a violation of this chapter and shall be punishable as indicated herein. (Ord. 1453 § 1, 2017; Ord. 1027 § 5, 2004)

6.04.060 License – Proof of rabies vaccination.

When purchasing a license, all owners shall file with City Hall a certificate from a licensed veterinarian showing proof of a rabies shot. (Ord. 1453 § 1, 2017; Ord. 1027 § 6, 2004)

6.04.070 License – Fees.

The annual license fee shall be as follows:

A. For each dog, male or female, which is neutered or spayed, $15.00; for each dog, male or female, unneutered or unspayed, $30.00;

B. For any kennel or pet shop, covering all animals kept during the year, $100.00;

C. For any commercial zoo or similar place of exhibition animals, with fixed location in the city, covering all animals kept, $100.00;

D. For any abattoir, stockyard, hatchery, livestock auction or other place where livestock or poultry are regularly bred, kept, offered for sale or slaughtered for commercial purposes, covering all animals kept during the year, $100.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 7, 2004)

6.04.080 License – Additional charges.

In the case of animals previously licensed or required to be licensed, there shall be an additional fee of $10.00 for each animal license which is purchased on or after March 31st of each calendar year. In the case of a lost tag for a licensed animal in the same calendar year that it was purchased, there will be a fee of $5.00 for a replacement tag. (Ord. 1453 § 1, 2017; Ord. 1027 § 8, 2004)

6.04.090 License – Revocation – Authority.

The licensing authority may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this chapter, regulations promulgated by the licensing authority or any law governing the protection and keeping of animals. (Ord. 1453 § 1, 2017; Ord. 1027 § 9, 2004)

6.04.100 License – Revocation – Disposal of animals.

Any person whose permit or license is revoked shall, within 10 days thereafter, remove from the city all animals owned, kept or harbored by such person, and no part of the permit or license fee shall be refunded. (Ord. 1453 § 1, 2017; Ord. 1027 § 10, 2004)

6.04.110 License – Inspection a condition of issuance.

It shall be a condition of the issuance of any permit or license to a kennel, pet shop, commercial zoo or similar place of exhibition of animals and any abattoir, stockyard, hatchery, livestock auction or other place where livestock or poultry is regularly bred, kept, offered for sale or slaughtered for commercial purposes that the animal control officer be permitted to inspect all animals and the premises where animals are kept at any time; and if permission for such inspection is refused, the animal control officer shall revoke the permit or license of the refusing owner. (Ord. 1453 § 1, 2017; Ord. 1027 § 11, 2004)

6.04.120 License – Revocation for false information.

If the applicant has withheld or falsified any information on the application, the licensing authority shall refuse to issue a permit or license. (Ord. 1453 § 1, 2017; Ord. 1027 § 12, 2004)

6.04.130 License – Cruelty cause for nonissuance.

No person who has been convicted of cruelty to animals shall be issued a permit or a license to operate a commercial animal establishment. (Ord. 1453 § 1, 2017; Ord. 1027 § 13, 2004)

6.04.140 License – Reapplication upon denial.

Any person having been denied a license or permit may not reapply for a period of 30 days. Each reapplication shall be accompanied by a fee of $10.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 14, 2004)

6.04.150 Officer – Appointment.

The animal control officer shall be appointed by the mayor of the city to enforce laws and ordinances relating to dogs and other animals and fowl. The mayor may contract with the Yakima County Humane Society for an animal control officer. (Ord. 1453 § 1, 2017; Ord. 1027 § 15, 2004)

6.04.160 Officer – Duties.

The animal control officer shall enforce all ordinances pertaining to the regulation, control and licensing of dogs and other animals and fowl in the city, concurrently with the police department. For that purpose, the animal control officer and assistants are vested with authority to impound animals when required and are authorized to issue notices to persons whom they have reason to believe have violated such ordinances, to sign formal complaints for the issuance of warrants by the court for violations of such ordinances, to cooperate with the health officer exercising jurisdiction in the city regarding the investigation of dog bites and the quarantine of dogs for rabies examination and, with authority, to otherwise perform duties imposed by such ordinances. (Ord. 1453 § 1, 2017; Ord. 1027 § 16, 2004)

6.04.170 Officer – Impoundment authority.

The animal control officer may detain and impound any animal found to be in violation of any provision of city ordinances. (Ord. 1453 § 1, 2017; Ord. 1027 § 17, 2004)

6.04.180 Restraint required.

All dogs shall be kept under restraint. Any person found in violation of this section shall be subject to the following: first offense – civil infraction, $205.00 fine; second offense – civil infraction, $308.00 fine; third offense – misdemeanor, $500.00 fine. (Ord. 1453 § 1, 2017; Ord. 1027 § 18, 2004)

6.04.190 Proper care and control required.

Each animal owner shall exercise proper care and control of his animals so as to prevent animals from becoming a public nuisance. Any person found in violation of this section shall be subject to the following: first offense – civil infraction, $205.00 fine; second offense – civil infraction, $308.00 fine; third offense – misdemeanor, $500.00 fine. (Ord. 1453 § 1, 2017; Ord. 1027 § 19, 2004)

6.04.200 Confinement of female dogs.

Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding. Any person found in violation of this section shall be subject to the following: first offense – civil infraction, $205.00 fine; second offense – civil infraction, $308.00 fine; third offense – misdemeanor, $500.00 fine. (Ord. 1453 § 1, 2017; Ord. 1027 § 20, 2004)

6.04.210 Noise violation.

It is unlawful for any person in the city to keep or harbor any animal which, by frequent or habitual howling, yelping, barking or making of other noises, shall annoy or disturb a neighborhood. Any such animal is declared to be a nuisance and may be seized and impounded as provided in this chapter. For the purpose of this section, no action may be taken for a violation hereof except upon the written complaint of one or more persons residing in separate residences within the immediate neighborhood. Any person found in violation of this section shall be subject to the following: first offense – civil infraction, $205.00 fine; second offense – civil infraction, $308.00 fine; third offense – misdemeanor, $500.00 fine. (Ord. 1453 § 1, 2017; Ord. 1027 § 21, 2004)

6.04.220 Injury to property.

It is unlawful for any person owning or having the control of any animal 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 animal is declared to be a nuisance and may be seized and impounded as provided in this chapter. Any person found in violation of this section shall be guilty of a misdemeanor for which the fine will be $500.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 22, 2004)

6.04.230 Jumping or barking at pedestrians.

It is unlawful for any person to keep or harbor any animal that frequently or habitually snarls and growls at, snaps or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys or public places of the city; the same is declared to be a nuisance and any such animals may be seized or impounded as provided in this chapter. Any person found in violation of this section shall be guilty of a misdemeanor for which the fine will be $500.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 23, 2004)

6.04.240 Maintenance in offensive enclosure.

It is unlawful for any person to keep, harbor or maintain any animal in any pen, kennel, yard, enclosure or building in which animals are kept in the city in such a manner as to be nauseating, foul or offensive and any such animal or condition or manner of maintenance is declared to be a nuisance. For the purpose of this section, no action may be taken for a violation hereof except upon the written complaint of one or more persons residing in separate residences within the immediate neighborhood. Any person found in violation of this section shall be guilty of a misdemeanor for which the fine will be $500.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 24, 2004)

6.04.250 Aggressive animal – Harboring.

A. It is unlawful for any person to keep, harbor or maintain on or off his premises in a manner liable to endanger the safety of persons or property lawfully upon said premises or upon any public way or place immediately adjoining said premises any aggressive animal.

B. It is the duty of any person who keeps, harbors or maintains any aggressive, menacing animal to secure such animal or to secure the premises where such animal is kept, harbored or maintained so as to prevent such animal from wandering onto the private property of another or onto any street, alley, sidewalk, way, boulevard, park, public playground, school ground or any other public place. Every aggressive animal, as determined by the animal control officer, shall be securely muzzled or caged whenever off the premises of its owner. It is unlawful for any person who keeps, harbors or maintains any such aggressive animal to fail to perform the duty imposed by this subsection.

C. Any aggressive animal which is kept, harbored or maintained without proper care of control or which is found on the private property of another or on any public street, alley, sidewalk, way, boulevard, park, public playground, school ground or in any other public place shall be declared a public nuisance subject to immediate impoundment under the provisions of this chapter. Upon the conviction of any person charged with violating this section or other provisions of this chapter, if the court finds any dog or other animal to be a dangerous dog or aggressive animal, then the court may in its discretion order the dog or other animal to be killed or otherwise disposed of by the animal control officer with the cost thereof to be taxed and collected in the same manner as other costs in the case. Any person found in violation of this code shall be guilty of a misdemeanor for which the fine will be $500.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 25, 2004)

6.04.260 Kennel management.

A. It is the duty of any person who keeps a kennel to maintain required kennel facilities as defined in this chapter. Kenneled animals shall be kept at all times within the kennel facilities, other than when the animal is under the direct control and supervision of the kennel owner, kennel employee or the animal’s owner.

B. It is also the duty of any person maintaining a kennel to keep the kennel facilities clean and free from undue odor and free from undue accumulations of garbage and/or waste. (Ord. 1453 § 1, 2017; Ord. 1027 § 26, 2004)

6.04.270 Impoundment – Disposition of nuisance animals.

Any animal found to be in violation of any provision of city ordinances may be taken by the police or animal control officer and impounded in an animal shelter and there confined in a humane manner subject to the other provisions of this chapter and the regulations of the agency confining such animals and/or fowl, including humanely destroying such animals and/or fowl. All sick or injured animals shall be impounded when not in the owner’s possession and may be humanely destroyed at any time after impounding at the discretion of the animal control officer. (Ord. 1453 § 1, 2017; Ord. 1027 § 27, 2004)

6.04.280 Impoundment – Unlicensed dogs.

Whenever an unlicensed dog is found within the city, it may be taken up and impounded by such officer charged with the enforcement of this chapter. Any dog so impounded may be redeemed, sold or destroyed as provided in ZMC 6.04.310. (Ord. 1453 § 1, 2017; Ord. 1027 § 28, 2004)

6.04.290 Impoundment – Notice.

Upon the impounding of any animal, the animal control officer shall give notice of such impounding in substantially the following manner:

A. If the animal is licensed and is wearing a license tag or if the identity of the owner is known to or can be readily determined by the animal control officer, then as soon as reasonably practicable after the animal is impounded the animal control officer shall notify the owner by telephone or otherwise that his animal has been impounded and may be redeemed as herein provided.

B. If the owner is known to the animal control officer but cannot be notified under the provisions of subsection (A) of this section, or if the owner is so notified and does not appear to redeem his animal within 24 hours of the time of impounding, then the animal control officer shall send, by certified mail, return receipt requested, a notice in substantially the following form:

NOTICE OF ANIMAL IMPOUND
TO WHOM IT MAY CONCERN:		** Case Number:
I have this day impounded in the Animal Shelter at the Zillah City Shops an animal described as follows:
Sex:	Color:	Breed:
Approximate Age:	Other:
Identification:
Name of Owner, if known:
Notice is hereby given that, unless said animal is claimed and redeemed on or before On the _______ day of ________________, _______ the same will be sold or destroyed.
Adopted:	Bailed:	Euthanized: Injured/sick (72 hours):
Animal Control Officer: __________________________________		Date: _______________________
Impounding Officer: ____________________________________		Date: _______________________
**Important: File this with impound report case when animal released or euthanized.

C. If the owner is unknown to the animal control officer and cannot be readily determined by him, the animal control officer shall post at the city police station and the City Hall a notice in substantially the form prescribed in subsection (B) of this section. (Ord. 1453 § 1, 2017; Ord. 1027 § 30, 2004)

6.04.300 Impoundment – Alternative action.

Notwithstanding the provisions of ZMC 6.04.270, if animal subject to impound is found at large and its owner can be identified and located, such animal need not be impounded but may instead be taken to the owner. The animal control officer shall serve upon the owner a citation and notice to appear for a violation of this chapter. (Ord. 1453 § 1, 2017; Ord. 1027 § 31, 2004)

6.04.310 Redemption period.

A. The owner, or owner’s agent, of any dog or other animal impounded pursuant to provisions of this chapter may redeem the impounded dog or animal by 4:00 p.m. on or before the third day, excluding Saturdays, Sundays and holidays, after the day of the impoundment and the mailing or posting of notice of impoundment.

B. Fees.

1. A redemption fee shall be paid by owner or owner’s agent as condition to release of the impounded animal. Redemption fee for each animal shall be $25.00 for the first impoundment, $30.00 for the second impoundment and $50.00 for the third impoundment during any 12-month period. In the event such an impoundment occurs at any time other than between 9:00 a.m. and 5:00 p.m. on weekdays or between 10:00 a.m. and 4:00 p.m. on Saturdays or if the impoundment occurs on a legal holiday, the basic impoundment fee shall be increased by $5.00 per impoundment. 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 license before the dog is redeemed. In addition to the redemption fee, an additional charge of $5.00 per day shall be imposed for the period of time that the impounded dog is kept in the pound after impounding.

2. In the case of large or other animals requiring special equipment for transportation or otherwise (any equipment larger than a pickup or panel delivery truck or for additional storage area, feed, etc.), the basic impounding fees shall be increased by $5.00 per impoundment. In the event such an impoundment occurs at any time other than between 9:00 a.m. and 5:00 p.m. on weekdays or between 10:00 a.m. and 4:00 p.m. on Saturdays or if the impoundment occurs on a legal holiday, the basic impoundment fee shall be $30.00. An additional charge of not less than $5.00 per day shall be paid for the care and feeding of such animals. Additionally, the owner shall pay any and all actual expenses and costs for the handling, transportation, boarding and impoundment of larger animals.

C. If an impounded dog, cat or other animal is not redeemed by its owner within the three days following the date of mailing or posting of the notice of impoundment, then, within the discretion of the animal control officer, any such impounded dog, fowl or other animal may be humanely destroyed or otherwise disposed of. In the case of any horses, mules, cattle, hogs and other stock animals impounded when running at large within the city, the animal control officer shall follow the procedure established by the laws of the state in Chapter 16.24 RCW relative to the care and sale of strays.

D. Any animal not reclaimed by its owner within the applicable three-day period shall become the property of the local government authority or humane society and may be placed for adoption in a suitable home or humanely euthanized.

E. The owner of any animal, impounded or not, shall remain liable for any violations of this chapter.

F. The licensing authority may review all licenses issued to animal owners against whom three or more ordinance violations have been assessed in a 12-month period.

G. If a fowl or animal other than a dog or cat has been impounded, the owner must redeem said fowl or animal within a three-day period following mailing, posting or notification of impoundment. The owner then has 48 hours to present evidence that said animal or fowl has been removed from within the city limits. (Ord. 1453 § 1, 2017; Ord. 1027 § 32, 2004)

6.04.320 Abatement of nuisance behavior.

A. Owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance. Excessive, continuous or untimely barking, howling, molesting passersby, aggressiveness, chasing vehicles, habitually attacking other domestic animals, trespassing upon school grounds, trespassing upon private property in such a manner as to damage property, causing undue annoyance or making noises shall be deemed a public nuisance. If an animal has been impounded on more than three separate occasions during a 12-month period, said animal shall be deemed a public nuisance.

B. Whenever it shall be affirmed in writing by one or more persons having separate residences or regularly employed in the neighborhood that any animal is a public nuisance, the animal control officer shall serve notice upon the owner that such nuisance must be abated within 24 hours, after which the animal control officer shall determine whether such nuisance has been abated; and, if not, the owner may be proceeded against for violation of this chapter.

C. All animals not licensed under the provisions of this chapter or who do not exhibit the metal identification tag provided for in this chapter are declared to be public nuisances. Such animals may be impounded in accordance with the provisions of this chapter and disposed of in the manner provided by this chapter.

D. Any person found in violation of this section shall be guilty of a misdemeanor for which the fine will be $500.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 33, 2004)

6.04.330 Humane care and treatment.

No owner shall fail to provide animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering and humane care and treatment. No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse any animal or cause or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans. No owner of an animal shall abandon such animal. Any person found in violation of this section shall be guilty of a misdemeanor for which the fine will be $500.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 34, 2004)

6.04.340 Actions upon striking with vehicle.

Any person who, as the operator of a motor vehicle, strikes an animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal’s owner. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society. (Ord. 1453 § 1, 2017; Ord. 1027 § 35, 2004)

6.04.350 Poisoning unlawful.

No person shall expose any known poisonous substance, whether mixed with food or not, so that the same is liable to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his own property common rat poisoning mixed only with vegetable substances. Any person found in violation of this section shall be guilty of a misdemeanor for which the fine will be $500.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 36, 2004)

6.04.360 Keeping remnants of dead animals unlawful.

The keeping of or allowing to be and remain in any building, yard, enclosure, alley, street, avenue, park, public place or any place within the limits of the city any unsound, putrid or unwholesome bones, meat, hides, skins or the whole or any part of any dead animal or fish or any unsound, putrid or unwholesome substance or the offal, garbage or other offensive parts of any animal is declared to be a nuisance. Any person found in violation of this section shall be guilty of a misdemeanor for which the fine will be $500.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 37, 2004)

6.04.370 Unsanitary premises.

Any person who erects, constructs, keeps, uses or maintains within the city any pen, lot, place or premises in which animals are confined or kept in such a manner as to be nauseating, foul or offensive or to be any annoyance to the neighborhood because of being improperly cared for is declared to be a nuisance. Any person found in violation of this section shall be guilty of a misdemeanor for which the fine will be $500.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 38, 2004)

6.04.380 Quarantine – Confinement provisions.

Any animal which bites a person shall be quarantined for 10 days if ordered by the director of public health. During quarantine, the animal shall be securely confined and kept from contact with any other animals. At the discretion of the director of public health, the quarantine may be on the premises of the owner. If the director of public health requires other confinement, the owner shall surrender the animal to an animal shelter for the quarantine period or shall, at his own expense, place it in a veterinary hospital. (Ord. 1453 § 1, 2017; Ord. 1027 § 39, 2004)

6.04.390 Quarantine – Destruction of animal.

No person shall unnecessarily kill or cause to be killed any animal suspected of being rabid except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely killed and the head of such animal sent to a laboratory for pathological examination and confirmation of the diagnosis. (Ord. 1453 § 1, 2017; Ord. 1027 § 40, 2004)

6.04.400 Quarantine – Impoundment and disposal.

During the period of any quarantine made under the provisions of this chapter, no owner or keeper of any animal so quarantined shall allow said animal to come in contact with any other animal or person or permit such animal to run at large on any street, highway, other property in the city or upon the premises where quarantined unless the premises are enclosed by a secure fence; nor shall such owner or keeper remove or cause such animal to be removed from the premises without the consent of the animal control officer. These restrictions shall continue until the animal shall have been released from quarantine. Any animal subject to these restrictions found running at large as defined herein, or which has been removed from the premises upon which quarantined, shall be impounded and, unless claimed and redeemed by its owner within two days after the expiration of the quarantine period, may be humanely disposed of by the proper authorities. (Ord. 1453 § 1, 2017; Ord. 1027 § 41, 2004)

6.04.410 Quarantine – Treatment of exposed animals.

Any animal known to have been bitten or otherwise exposed to a rabid animal must be destroyed or given anti-rabies (Pasteur) treatment or confined for a period of no more than six months but not less than 30 days prior to exposure, in which case such animal shall remain under surveillance for six months. If anti-rabies (Pasteur) treatment is given to such exposed animal, confinement and surveillance may be reduced to three months following exposure. (Ord. 1453 § 1, 2017; Ord. 1027 § 42, 2004)

6.04.420 Quarantine – Hazard declaration.

Whenever rabies or hydrophobia is declared by the animal control officer and/or the director of public health to be a hazard to public health, it is unlawful for any owner, keeper or handler of any animal to keep or harbor the same within the city, unless such animal is securely confined at all times by leash or kept in a tight enclosure from which said animal cannot escape. Any animal found running at large in the city during such period shall be impounded and, unless claimed and redeemed by its owner within two days after such impounding, may be humanely disposed of by the proper authorities. (Ord. 1453 § 1, 2017; Ord. 1027 § 43, 2004)

6.04.430 Quarantine – Publication of hazard notice.

Whenever rabies or hydrophobia is considered by the animal control officer to be a hazard to public health, that officer shall have a notice published in the local newspaper announcing such hazard; this notice shall run for three consecutive days. The provisions of this chapter pertaining to rabies (ZMC 6.04.390, 6.04.410, and 6.04.420) shall be applicable for a period not to exceed 90 days beyond the last date the notice was published; provided, that the animal control officer be allowed authority to extend the quarantine when, in his judgment, such an extension or renewal of the quarantine and treatment period is necessary. (Ord. 1453 § 1, 2017; Ord. 1027 § 44, 2004)

6.04.440 Keeping of wild animal unlawful.

A. No person shall keep or permit to be kept on his premises any wild or aggressive animal for display or for exhibition purposes whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.

B. No person shall keep or permit to be kept any wild animal as a pet.

C. Any person found in violation of this section shall be subject to the following: first offense – civil infraction, $205.00 fine; second offense – civil infraction, $308.00 fine; third offense – misdemeanor, $500.00 fine. (Ord. 1453 § 1, 2017; Ord. 1027 § 45, 2004)

6.04.450 Keeping of fowl unlawful.

No person shall keep within the city any fowl of any kind, nature or description including, but not limited to, any chickens, ducks, turkeys, geese, guineas or like fowl. Any person found in violation of this section shall be subject to the following: first offense – civil infraction, $205.00 fine; second offense – civil infraction, $308.00 fine; third offense – misdemeanor, $500.00 fine. (Ord. 1453 § 1, 2017; Ord. 1027 § 46, 2004)

6.04.460 Running at large unlawful.

No person shall permit or allow any horse, mule, cow, hog, sheep, goat or any other stock to run or be at large within the city. Any person found in violation of this section shall be subject to the following: first offense – civil infraction, $205.00 fine; second offense – civil infraction, $308.00 fine; third offense – misdemeanor, $500.00 fine. (Ord. 1453 § 1, 2017; Ord. 1027 § 47, 2004)

6.04.470 Maximum dogs per household.

The maximum number of dogs over the age of three months permitted per household within the city limit shall be three, unless said household has obtained a kennel license. Any person found in violation of this section shall be subject to the following: first offense – civil infraction, $205.00 fine; second offense – civil infraction, $308.00 fine; third offense – misdemeanor, $500.00 fine. (Ord. 1453 § 1, 2017; Ord. 1027 § 48, 2004)

6.04.480 Performing animal exhibitions.

A. No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause physical injury or suffering.

B. All equipment used on a performing animal shall fit properly and be in good working condition. (Ord. 1453 § 1, 2017; Ord. 1027 § 49, 2004)

6.04.490 Exemption for school or community events.

School projects on school property, parades and other community events subject to the prior approval of the city council may be exempted from the provisions of this chapter. (Ord. 1453 § 1, 2017; Ord. 1027 § 50, 2004)

6.04.500 Pet shop zoning.

Pet shops may be permitted in the local business zone; provided, that the business conducted on the premises shall be limited to the retail selling of pet shop supplies and small pets, such as birds, mice, fish, guinea pigs, lizards, turtles, dog puppies under the age of three months and other pets of like nature not exceeding 50 pounds in weight, excluding poisonous creatures; provided further, that no creatures shall be displayed or kept outside the building at any time. (Ord. 1453 § 1, 2017; Ord. 1027 § 51, 2004)

6.04.510 Animal waste removal.

The owner of every animal shall be responsible for the removal of any excreta deposited by his animals on public walks, streets, recreation areas or private property. Any person found in violation of this section shall be subject to the following: first offense – civil infraction, $205.00 fine; second offense – civil infraction, $308.00 fine; third offense – misdemeanor, $500.00 fine. (Ord. 1453 § 1, 2017; Ord. 1027 § 52, 2004)

6.04.520 Butchering of domestic animals.

No person shall kill any animal or fowl within the city limits. Butchering of animals and/or fowl shall be conducted inside buildings and in such a manner so as to eliminate any and all potential for public viewing. No carcasses and/or parts thereof shall be in public view within the city limits, except for regulated butcher shops and/or lockers approved by city, state and/or federal authorities. No person shall dispose of carcasses and/or parts thereof in any manner other than in a type of container, which prevents any and all accessibility by other animals and/or viewing by the public. Any person found in violation of this section shall be subject to the following: first offense – civil infraction, $205.00 fine; second offense – civil infraction, $308.00 fine; third offense – misdemeanor, $500.00 fine. (Ord. 1453 § 1, 2017; Ord. 1027 § 53, 2004)

6.04.530 Nuisance abatement.

Any person violating any of the provisions of this chapter in the keeping or maintaining of any nuisance as herein defined shall, in addition to the fine or imprisonment or both herein provided for, by order of the court in such action be ordered to forthwith abate and remove said nuisance; and if the same is not done by such offender within 24 hours thereafter, the same shall be abated and removed under the direction of the officer authorized by the order of the court, which order of abatement shall be entered upon the docket of the court and made a part of the judgment in said action. Any such person shall be liable for all costs and expenses of abating the same when such nuisance has been abated by an officer of the city. (Ord. 1453 § 1, 2017; Ord. 1027 § 54, 2004)

6.04.540 Officer – Obstruction unlawful.

The animal control officer shall have police powers in the enforcement of this chapter. It is unlawful for any person to obstruct, interfere with, hinder, delay or abuse any animal control officer or law enforcement officer in the exercise of his lawful duties or in the enforcement of this chapter. Any person found in violation of this section shall be guilty of a misdemeanor for which the fine will be $500.00. (Ord. 1453 § 1, 2017; Ord. 1027 § 55, 2004)

6.04.550 Violation – Penalty.

Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $500.00 per incident, which penalty shall be in addition to any other penalties, impoundment fees, redemption fees and other charges provided for herein. If any violation shall be continuing, each day’s violation shall be deemed a separate violation. If any person shall be found guilty by a court of violating ZMC 6.04.330, 6.04.350, 6.04.360, or 6.04.370, his permit to own, keep, harbor or have custody of animals shall be automatically revoked; and no new permit may be issued for a period of one year. (Ord. 1453 § 1, 2017; Ord. 1196 § 3, 2009; Ord. 1027 § 56, 2004)

Prior legislation: Ords. 1437 and 1448.