Chapter 6.08
RESPONSIBILITY OF OWNER
Sections:
6.08.010 Confinement – Outdoors – Requirements.
6.08.020 Animal in heat – Confinement requirements.
6.08.030 Disturbing peace prohibited.
6.08.035 Keeping in nauseous manner prohibited.
6.08.040 Damage to property prohibited.
6.08.045 Small domestic animals.
6.08.050 Owner responsibility.
6.08.060 Penalty for violation.
Prior legislation: Ord. 231.
6.08.010 Confinement – Outdoors – Requirements.
Dogs or cats kept outdoors for more than six continuous hours must be provided with a moisture-proof and wind-proof shelter by the owner. The shelter must be of such size to keep the animal clean, dry and comfortable and to allow the animal to turn around freely and to easily sit, stand or lie in a normal position. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 6-87 § 1, 1987].
6.08.020 Animal in heat – Confinement requirements.
Every female dog or female cat in heat shall be kept confined to the owner’s property or in a veterinary hospital or boarding kennel so that such female dog or female cat cannot come in contact with other animals except for intentional breeding purposes. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 6-87 § 1, 1987].
6.08.030 Disturbing peace prohibited.
A. Animal Disturbance Noises – Prohibited. The keeper of any animal shall not keep or maintain within the city any animal which by frequent repetitive or continuous howling, yelping, barking, braying, whinnying, crying, cackling, crowing, or the making of any other noises annoys or disturbs the peace and repose of persons of reasonable sensitivities residing, owning property, or employed within a district zoned for residential uses. Noise from animals which during the hours of 10:00 p.m. and 7:00 a.m. may be heard 50 feet from the perceived property line shall be deemed excessive and in violation of this section. During the hours of 7:00 a.m. and 10:00 p.m. this distance shall be extended to 100 feet. A violation of the section may still occur if the noise is heard at distances less than that stated, given the proximity of houses or structures to one another, or location of the source animal to the location of the complaint.
B. Animal Disturbance Noises – Enforcement. Enforcement shall be undertaken only upon receipt of a complaint by an identifiable person who resides, owns property, or is employed within a residential district affected by the noise complained of. Upon receipt of such a complaint, the procedure for enforcing shall be as follows:
1. An animal control officer or police officer shall verify that the animal disturbance noise complained of is being received at the location in a residential zone district that the complainant claims it is being received.
2. After verification, a code enforcement officer or police officer shall make a reasonable attempt to notify the keeper at the location of the source of the animal disturbance noise complained of and inform that person that an animal disturbance noise complaint has been received from a person residing, owning property, or employed in a district zoned for residential purposes, and warn that if other complaints are received a notice or notices of infraction will be issued. The animal control officer or police officer should attempt to determine if the barking dog is responding to some form of provocation due to taunting by persons or animals, prowler or possible safety issue within or around the source residence or surrounding neighborhood.
3. The term “reasonable attempt” means that an animal control officer or a police officer has physically visited the premises from which the animal disturbance noise complaint has generated and personally notified or attempted to notify the keeper that an animal disturbance noise complaint has been received. If an animal control officer or police officer cannot find a keeper on the premises to notify that an animal disturbance noise complaint has been received, the requirement of a reasonable attempt to do so has been satisfied if the officer leaves a warning notice of infraction in a conspicuous place on the premises.
4. Upon receipt of a second identifiable complaint within 60 days of the last complaint from a person other than a first complainant who resides in a different residence, owns different property, or is employed at a different location than that of a first complainant, an animal control officer or police officer, after verification of receipt of the animal disturbance noise at the second location and without further warning, shall issue a notice of infraction to the keeper of the animal or animals causing the animal disturbance noise. If the identity of the animal owner cannot be determined by inquiry at the location or through investigation in the neighborhood of the incident the owner of the property, as listed by the Benton County assessor, may be cited for allowing/providing the source of the violation.
5. The observations of a code enforcement officer or police officer satisfy the requirement for a second identifiable complaint without need for further warnings. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 14-10 § 1, 2010; Ord. 22-05 § 3, 2005; Ord. 6-87 § 1, 1987].
6.08.035 Keeping in nauseous manner prohibited.
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 West Richland 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. 45-13 § 1 (Att. A), 2013; Ord. 17-03 § 1, 2003].
6.08.040 Damage to property prohibited.
It is unlawful for any owner to suffer or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value, or to deposit fecal matter on any property not that of the owner, and the same is a nuisance and any such animal may be seized and impounded. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 6-87 § 1, 1987].
6.08.045 Small domestic animals.
Each dwelling unit and the accompanying lot or common area in a low-density (RL-40 and RL-22), medium-density (RM-20, RM-15, RM-12.5, RM-10), or residential-mobile home district (R-1MBH) residential use area is limited to five small domestic animals. Each dwelling unit and the accompanying lot or common area in a medium-density (RM-6), mobile home park use district (R-2MBH), or multifamily (MR-2, MR-3) is limited to two small domestic animals. [Ord. 45-13 § 1 (Att. A), 2013; amended during 2010 recodification; Ord. 17-03 § 3, 2003].
6.08.050 Owner responsibility.
Nothing contained in this title shall relieve the owner of any animal from responsibility for any damage committed by such animal as provided by law and by this title.
A. The owner of any animal is responsible for the immediate cleanup of the animal’s waste when off the property of the owner.
B. Any person responsible for an animal shall have in their possession the means to pick up the animal’s waste and upon doing so will properly dispose of said waste in an approved garbage receptacle. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 6-87 § 1, 1987].
6.08.060 Penalty for violation.
A. The violation of any provision of this chapter shall be a civil infraction. Unless matters in aggravation warrant a greater civil penalty, each violation shall be subject to a minimum penalty in the amount listed, plus any court costs assessed by the Benton County district court:
1. First violation within one year: $75.00.
2. Second or more violations within one year: $150.00.
B. Each person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by any such person. [Ord. 45-13 § 1 (Att. A), 2013; Ord. 14-10 § 2, 2010; Ord. 22-05 § 4, 2005].