Chapter 7.40
ANIMAL CONTROL*
Sections:
7.40.010 Enforcement authority.
7.40.021 Potentially dangerous wild animal certificate of registration.
7.40.022 Transporting potentially dangerous animal.
7.40.040 Notice and redemption.
7.40.050 Destruction or other disposition.
7.40.080 Animal health and safety.
7.40.090 Violations—Penalties—Jurisdiction.
* Prior history: Resos. 169-G, 76-85, 78-19, 79-19, 85-46 and 88-6.
7.40.010 Enforcement authority.
The county may contract with a qualified entity to perform animal control services and this entity shall have authority to enforce the provisions of this chapter. This chapter may also be enforced by any general authority law enforcement officer (including but not limited to the Chelan County sheriff’s office, Washington State Patrol, or Department of Fish and Wildlife). Any officer from any aforementioned agency performing enforcement functions under this chapter shall be considered a lawfully designated animal control officer for purposes of this chapter. (Res. 99-40 (part), 4/6/99: Res. 94-63 § 1, 5/3/94).
7.40.015 Definitions.
As used in this chapter, except where a different meaning is plainly apparent from the context, the following definitions apply:
“Alter” means to permanently render an animal incapable of reproduction.
“Altered” means any animal permanently rendered incapable of reproduction.
“Animal” means any member of the classes: amphibian, fish, reptile, bird, or mammal (except humans).
“Animal control authority” means that entity, company, or corporation, nonprofit or otherwise, that is designated by contract as the animal control service provider for Chelan County. The term also means “Wenatchee Valley Humane Society” or “Humane Society” so long as they hold the contract to provide animal control services.
“Dangerous dog” and “potentially dangerous dog” mean any dog defined as such pursuant to Chapter 16.08 RCW et seq.
“Kennel” means any property, business, or residence at which four or more adult dogs are kept whether or not for compensation.
“Owner” means any person or corporation who harbors, keeps, causes or permits any animal to be harbored or kept, or who has an animal in his or her possession or custody, or who permits an animal to remain on or about his or her premises, or who has legal ownership of an animal.
“Police dog” means any dog specially trained for law enforcement work and utilized by a law enforcement agency.
“Potentially dangerous wild animal” means one of the following types of animals, whether bred in the wild or in captivity, and any or all hybrids thereof:
(1) Class Mammalia;
(A) Order Carnivore;
(i) Family Felidae, only lions, tigers, bobcats, captive-bred cougars, jaguars, cheetahs, and leopards;
(ii) Family Canidae, wolves, excluding wolf-hybrids;
(iii) Family Ursidae, all bears;
(iv) Family Hyaenidae, such as hyenas;
(B) Order Perissodactyla, only rhinoceroses;
(C) Order Primates, such as lemurs, monkeys, chimpanzees, and gorillas;
(D) Order Proboscidae, such as elephants;
(2) Class Reptilia;
(A) Order Squamata;
(i) Family Atractaspidae, such a mole “vipers”;
(ii) Family Colubridae, only boiga irregularis (brown tree snake), boiruna spp.; clelia spp.; dispholidus typus (boomslang), elapomorphus spp. (Argentine blackheaded snake), hydrodynastes gigas (South America false water cobra), malpolon spp. (Montpelier snake), philodryas spp., psammophis spp. (African grass and sand snakes), rhabdophis spp. (yamakagashi or keelback snakes), tachymenis spp. (“culebra listrada”), telescopus spp. (African tiger snakes), thelotornis spp. (twig snakes);
(iii) Family Elapidae, such as cobras, mambas, kraits, coral snakes, Australian tiger snakes;
(iv) Family Helodermatidae, such as beaded lizards, including gila monsters;
(v) Family Hydrophiidae, such as sea snakes;
(vi) Family Varanidae, only water monitors and crocodile monitors;
(viii) Family Viperidae, such as rattlesnakes, cottonmouths, bushmasters, puff adders, and gaboon vipers;
(B) Order Crocodilia, such as crocodiles, alligators, caimans, and gavials.
“Senior citizen” means any person sixty-two years of age or older.
“Significant disability” means any medically documented disability which prevents an animal owner from engaging in full-time employment, and also means those persons who require the assistance of a seeing eye dog. (Res. 2009-16 (part), 1/26/09; Res. 2005-129 (part), 12/20/05; Res. 2002-66 (part), 4/29/02).
7.40.020 Nuisance declared.
The following are declared to be public nuisances:
(1) Any unrestrained dog menacing or injuring passersby on public thoroughfares or persons legitimately on school grounds, public parks or playgrounds, or in public buildings or on private property, other than that of the owner of such dog, in such a fashion as to arouse reasonable apprehension of imminent bodily harm;
(2) Any dog wandering at large without apparent home, care or supervision;
(3) Any dogs roaming at large in packs of three or more;
(4) Any dog harassing the livestock or poultry of another;
(5) Any dog viciously attacking a domestic animal of another at a place where the victim animal had a right to be;
(6) Any dog harassing a game animal at a location other than upon the property of the owner or person in possession of such dog;
(7) Any dog wandering at large upon any public park or school playground;
(8) Any dog which by habitual howling, yelping or barking, annoys or disturbs persons in the neighborhood or the peace and quiet thereof;
(9) Any animal that damages public property or the private property of another;
(10) Any domestic fowl, rabbit or rodent that trespasses upon public property or the private property of another.
(11) Any potentially dangerous wild animal possessed by a person without a certificate of registration issued by the Chelan County animal control authority; except this section shall not apply to any person keeping or maintaining or having in his possession or under his control any animal defined in that section when such person is transporting such animal or reptile through Chelan County, provided he has taken adequate safeguards to protect the public, and has notified the sheriff of his proposed route of transportation of the time that such trip is to take place, nor shall the code apply to any person who has custody of such animals or reptiles in connection with the operation of any zoo or circus properly licensed by Chelan County or in connection with any program of medical or scientific research, providing such person has taken adequate measures to safeguard persons and property; nor shall this chapter apply to the following organizations: United States Fish and Wildlife Service, Washington State Game Department, any humane society, or a person licensed by these organizations to rehabilitate wildlife. (Res. 2005-129 (part), 12/20/05; Res. 94-63 § 2, 5/3/94).
7.40.021 Potentially dangerous wild animal certificate of registration.
A certificate of registration to possess a potentially dangerous wild animal shall be issued by the animal control authority only upon receiving sufficient evidence that:
(1) There is a secure enclosure to safely confine the animal as provided as follows:
(A) Housing and Care of Canidae. A harborer and/or owner of any inherently dangerous canidae shall comply with the following standards for their housing and care as a condition precedent to obtaining or maintaining the required license pursuant to this section.
(i) Enclosure Dimensions. A single small canid weighing less than thirty-five pounds shall have an enclosure measuring at least eight feet by twelve feet or ninety-six square feet. For each additional small canid the enclosure shall be increased by fifty percent. A single large canid weighing thirty-five pounds or more shall have an enclosure measuring at least ten feet by fifteen feet or one hundred fifty square feet. For each additional large canid the enclosure shall be increased by fifty percent. Enclosures shall have a secondary barrier of at least eight feet in height to prevent access to the area by the general public. The secondary barrier shall be a minimum of five feet from the primary enclosure.
(ii) Enclosure Materials. Enclosures for canids shall be constructed of not less than eleven-gauge chain link or its equivalent for mammals of an adult weight less than thirty-five pounds and nine-gauge chain link or its equivalent for animals of an adult weight of thirty-five pounds or more. Perimeter barriers shall be at least eight feet high and include an inward-facing overhang of no less than eighteen inches at an angle of forty-five degrees. In addition to vertical barriers, all perimeters shall also have either a concrete footing or horizontal protective matting around the entire enclosure to prevent escape through digging. All enclosures shall have double doors between the animal and possible escape, one being a primary access door and the second being a safety door. All enclosure doors shall be securely locked and include safety chains.
(iii) Indoor Housing. Whenever any canidae is not within an enclosure as described herein, but is within the residence of a person having a certificate of registration, the residence shall comply with the following criteria:
a. All windows, except those leading to an outside cage, shall be screened in material suitable for the canidae to contain the animal(s) from potential escape;
b. All doors entering the room will be of construction suitable for the canidae and be securely locked. If the door is solid in construction, a device shall be installed to visually locate the canidae before entering the room; and
c. All construction must be of proper strength materials for the weight of the canidae they are to contain. Walls must be appropriately reinforced where necessary.
(iv) Temperatures and Shelter. All canidae shall have access at all times to shelter from adverse climate conditions and those animals kept outside shall have access to shade.
(v) Water. Fresh clean water for drinking shall be available at all times. Watering shall consist of either built-in devices or sturdy portable containers; such devices or containers shall be cleaned and disinfected daily.
(vi) Food. All canids shall have access to food which shall maintain the animal’s proper weight, nutrition, and health.
(vii) Sanitation. All enclosures shall be cleaned daily and kept free of debris and fecal material. Drainage shall be established to provide dry housing conditions. Detergents and disinfectants shall be used on hard surfaces, pallets, and food and water containers. Drainage and means of disposing of debris and fecal material shall be in compliance with all applicable state, county, and local laws and regulation.
(viii) Medical Attention. Proper medical attention must be provided when and as necessary to maintain the canid(s) in a healthy condition.
(ix) Transportation. At no time shall a canid be transported away from the owner’s premises by use of only a leash. Such animals must be transported in a manner that would not constitute a public threat or nuisance. When in or on a vehicle, said canid shall be appropriately and effectively contained in a secure, locked portable enclosure. When moving a canid away from the owner’s premises to a vehicle, a cable system shall be employed.
(x) Animal Restricted to Owner’s Property. At no time shall a canid be located other than on the licensed owner’s premises in an approved enclosure or indoor housing as provided for above, except during transportation as described in subsection (1)(A)(ix) of this section.
(xi) Signage. A sign or signs, including a symbol recognizable to children, shall be permanently affixed to the secondary barrier indicating that there is a inherently dangerous canid within such enclosure.
(xii) Exhibiting. No inherently dangerous canidae shall be exhibited off the licensed owner’s premises.
(B) Housing and Care of Felidae and Hybrids Thereof. A harborer and/or owner of any inherently dangerous felidae and hybrids thereof shall comply with the following standards for their housing and care as a condition precedent to obtaining or maintaining the required license pursuant to this chapter.
(i) Enclosure Dimensions and Materials for Very Large Pantherids. Very large pantherids, including lions (P. leo), tigers (P. tigris), and any hybrids thereof shall be maintained in barred or heavily wired cages. A cage for a single animal shall measure at least twenty-four feet wide by twenty feet deep or four hundred eighty square feet. It should be either a minimum of eight feet high with a secure covered top or a minimum of twelve feet high with an inward-facing overhang of no less than eighteen inches and at an angle of forty-five degrees to prevent the animals from escaping. Cages shall be fifty percent larger for each additional animal. Enclosures shall have a secondary barrier of at least eight feet in height to prevent access to the area by the general public. The secondary barrier shall be a minimum of five feet from the primary enclosure.
(ii) Enclosure Dimensions for Other Large Felids. Other large felids, including jaguars (P. Onca), leopards or panthers (P. pardus), pumas, cougars or mountain lions (P. concolor), snow leopards (P. unica), clouded leopards (Neofelis nuebulosa), and any subspecies or hybrids thereof shall be maintained in a cage with minimum cage dimensions for a single large felid equal to at least twenty feet wide by twelve feet deep or two hundred and forty square feet by eight feet high and have secure covered tops. Cages shall be fifty percent larger for each additional animal. Enclosures shall have a secondary barrier of at least eight feet in height to prevent access to the area by the general public. The secondary barrier shall be a minimum of five feet from the primary enclosure.
(iii) Enclosure Dimensions for Smaller Felids. Small felids, those having an adult body weight of less than forty-four pounds, including any hybrids but excluding the domestic cat (felis catus) shall be maintained in a cage with minimum cage dimensions for a single small felid equal to twelve feet wide by ten feet deep or one hundred and twenty square feet by eight feet high and have secure covered tops. Floor space shall be increased by fifty percent for each additional animal. Enclosures shall have a secondary barrier of at least eight feet in height to prevent access to the area by the general public. The secondary barrier shall be a minimum of five feet from the primary enclosure.
(iv) Barrier and Enclosure Materials—General. Enclosures for very large and large felids shall be constructed of bars or not less than nine-gauge chain link fencing or its equivalent. Enclosures for smaller felids shall be constructed of bars of not less than eleven-gauge chain link fencing or its equivalent. In addition, all perimeters must have soil piping or other fencing material or tension wires along the ground, except those for digging felids which shall be either a concrete footing or horizontal protective matting around the entire enclosure. All enclosures shall have double doors between the animals and possible escape, one being the primary access door and the second being a safety door. All enclosures shall contain at least one above-ground platform large enough to allow the felid comfort and be located at least thirty inches above ground. All enclosure doors shall be securely locked and include safety chains.
(v) Indoor Housing. Whenever any felidae or hybrid thereof is not within an enclosure as described herein, but is within the residence of a person having a certificate of registration, the residence shall comply with the following criteria:
a. All windows, except those leading to an outside cage, shall be screened in material suitable for the felidae or hybrid thereof to contain the animal(s) from potential escape;
b. All doors entering the room will be of construction, suitable for the felidae or hybrid thereof and be securely locked. If the door is solid in construction, a device shall be installed to visually locate the felidae or hybrid thereof before entering the room; and
c. All construction must be of proper strength materials for the weight of the felidae or hybrid thereof they are to contain. Walls must be appropriately reinforced where necessary.
(vi) Temperatures and Shelter. All felidae and hybrids thereof shall have access at all times to shelter from adverse climate conditions and those animals kept outside shall have access to shade.
(vii) Water. Fresh clean water for drinking shall be available at all times. Watering shall consist of either built-in devices or sturdy portable containers; such devices or containers shall be cleaned and disinfected daily.
(viii) Food. All felids and hybrids thereof shall have access to food which shall maintain the animal’s proper weight, nutrition, and health.
(ix) Sanitation. All enclosures shall be cleaned daily and kept free of debris and fecal material. Drainage shall be established to provide dry housing conditions. Detergents and disinfectants shall be used on hard surfaces, pallets, and food and water containers. Drainage and means of disposing of debris and fecal material shall be in compliance with all applicable state, county, and local laws and regulations.
(x) Medical Attention. Proper medical attention must be provided when and as necessary to maintain the felid(s) or hybrid(s) in a healthy condition.
(xi) Transportation. At no time shall a felid or hybrid thereof be transported away from the owner’s premises by use of only a leash. Such animals must be transported in a manner that would not constitute a public threat or nuisance. When in or on a vehicle, said felid or hybrid thereof shall be appropriately and effectively contained in a secure, locked portable enclosure. When moving a felid or hybrid thereof away from the owner’s premises to a vehicle, a cable system shall be employed.
(xii) Animal Restricted to Owner’s Property. At no time shall a felid or hybrid thereof be located other than on the licensed owner’s premises in an approved enclosure or indoor housing as provided for above, except during transportation as described in subsection (1)(B)(xi) of this section.
(xiii) Signage. A sign or signs, including a symbol recognizable to children, shall be permanently affixed to the secondary barrier indicating that there is an inherently dangerous felid or hybrid thereof within such enclosure.
(xiv) Exhibiting. No inherently dangerous felid or hybrid thereof shall be exhibited off the licensed owner’s premises.
(C) Housing and Care of Ursidae and Hybrids Thereof. A harborer and/or owner of any inherently dangerous ursidae and hybrids thereof shall comply with the following standards for their housing and care as a condition precedent to obtaining or maintaining the required license pursuant to this chapter.
(i) Enclosure Dimensions. All enclosures for a solitary adult bear or hybrid thereof shall measure at least twenty-four feet by twenty feet or four hundred and eighty square feet with a ten-foot-high secure covered top. Cages shall be increased fifty percent per each additional bear. Enclosures shall have a secondary barrier of at least eight feet in height to prevent access to the area by the general public. The secondary barrier shall be a minimum of five feet from the primary enclosure.
(ii) Enclosure Materials. Enclosure material shall be constructed of welded bars or not less than six-gauge chain link appropriately secured, or its equivalent. In addition, all perimeters shall have either concrete footing or horizontal protective matting around the entire perimeter to prevent escape by digging. All enclosures shall have two doors between the animal and possible escape, one being the primary access door and the second being the safety door. All enclosure doors shall be securely locked and include safety chains.
(iii) Water. Fresh clean water for drinking shall be available at all times. Built-in watering devices may be used for larger bears or hybrids thereof; sturdy containers may be suitable for smaller animals. All watering devices and containers shall be cleaned and disinfected daily.
(iv) Temperatures and Shelter. All bears or hybrids thereof shall have access at all times to shelter from adverse climate conditions and those animals kept outside shall have access to shade.
(v) Food. Bears and hybrids thereof shall have access to food which shall maintain the animal’s proper weight, nutrition, and health.
(vi) Sanitation. All enclosures shall be cleaned daily and kept free of debris and fecal material. Drainage shall be established to provide dry housing conditions. Detergents and disinfectants shall be used on hard surfaces, pallets, and food and water containers. Drainage and means of disposing of debris and fecal material shall be in compliance with all applicable state, county, and local laws and regulations.
(vii) Medical Attention. Proper medical attention must be provided when and as necessary to maintain the bear(s) or hybrid(s) in healthy condition.
(viii) Transportation. At no time shall a bear or hybrid thereof be transported away from the owner’s premises by use of only a leash. Such animals must be transported in a manner that would not constitute a public threat or nuisance. When in or on a vehicle for said purpose said bear or hybrid thereof shall be appropriately and effectively contained in a secure, locked portable enclosure. When moving a bear or hybrid thereof away from the owner’s premises to a vehicle, a cable system shall be employed.
(ix) Animal Restricted to Owner’s Property. At no time shall a bear or hybrid thereof be located other than on the licensed owner’s premises in an approved enclosure or indoor housing as provided for above, except during transportation as described in subsection (1)(C)(viii) of this section.
(x) Signage. A sign or signs, including a symbol recognizable to children, shall be permanently affixed to the secondary barrier indicating that there is an inherently dangerous ursidae or hybrid thereof within such enclosure.
(xi) Exhibiting. No inherently dangerous ursidae or hybrid thereof shall be exhibited off the licensed owner’s premises.
(D) Housing and Care of Inherently Dangerous Reptiles. A harborer and/or owner of any inherently dangerous reptile shall comply with the following standards for their housing and care as a condition precedent to obtaining or maintaining the required license pursuant to this section.
(i) Enclosure Dimensions and Other Requirements for Venomous Snakes. For up to two specimens, a cage shall have a perimeter one and one-half times the length of the longest confined snake. For each additional snake over two, the cage floor area shall be increased by twenty-five percent.
(ii) Enclosure Materials for Venomous Snakes. Cages shall be fronted with three-sixteenths inch thick Plexiglas or tempered glass. Ventilation openings shall be covered with one-eighth inch mesh. For venomous snakes, double walls of mesh sufficient to prevent penetration of fangs to outside of enclosure shall be installed. Cages must be structurally sound and may be constructed of waterproofed plywood at least one-quarter inch thick, concrete plastered over wire, sheet metal, fiberglass, or a minimum of one-quarter inch thick molded plastic. Construction shall be sturdy and escape-proof. All doors must close securely and be key-locked.
(iii) Enclosure Dimensions and Other Requirements for Gila Monsters and Beaded Lizards. For each lizard, minimum cage length shall be one and one-half times the length of the longest confined lizard and minimum cage width shall be four times the width of the largest confined lizard. Cages must have adequate ventilation, fresh water, and access to sunlight or full spectrum fluorescent lighting with appropriate shade also available. For each additional lizard, the cage floor area shall be increased one hundred percent. Doors are to close securely and be key-locked.
(iv) Enclosure Dimensions and Other Requirements for Crocodilians. For one crocodilian, minimum cage size must permit moving and turning both on land and in a pool. For additional crocodilians, the combined area covered by their bodies shall not exceed fifty percent of cage area. Pool must be of sufficient depth to permit entire body submersion and must be readily accessible to caretakers either by securing ramps into and out of the water or by building a sunken pool with a sloped interior. Enclosures for crocodilians greater than five feet in length must have shift facilities to permit safe cleaning, cage repair, or other separations. Shift cages shall measure at least eight feet by five feet.
a. In addition, indoor facilities shall be equipped with full spectrum fluorescent lighting and heat lamps for basking. Cages must be secure and escape proof. Doors to cages must be key-locked.
b. In addition, the floors of outdoor cages shall be of concrete or masonry construction. Walls shall be a minimum height of four feet and constructed of wire mesh no smaller than 11.5-gauge. The cage is to be completely roofed by mesh wire. Crocodilians shall have access to shade and heated indoor facilities during cold weather. Entrance doors accessible to the public shall be kept key-locked.
(v) Temperatures and Shelter. Species-appropriate temperature, lighting, and shelter shall be provided at all times.
(vi) Food and Water. Reptiles are to be fed and watered at a rate at which proper weight, nutrition, and health are maintained.
(vii) Sanitation. All cages and enclosures are to be kept sanitary and in good repair. Feces and uneaten food shall be removed daily. Crocodilian pools are to be full at all times and the water replaced weekly or continuously filtered.
(viii) Medical Attention. Proper medical attention must be provided when and as necessary to maintain the reptile(s) in a healthy condition.
(ix) Transportation.
a. Venomous Reptiles. At no time shall a venomous reptile be transported away from the owner’s premises, except for transportation to and from said veterinarian’s office or for transfer of ownership of said animal. Reptile shall be appropriately and effectively contained in a secure, locked, portable container. The container shall be appropriately marked to advise of its contents.
b. Reptiles Other than Venomous Reptiles. At no time shall an inherently dangerous reptile be transported away from the owner’s premises, except for transportation to and from said veterinarian’s office, approved educational program or exhibit, or for transfer of ownership of said animal. When in or on the owner’s vehicle, said reptile shall be appropriately and effectively contained in a secure, locked portable container.
(x) Animal Restricted to Owner’s Property. At no time shall a reptile be located other than on the licensed owner’s premises in an approved enclosure, except during transportation as described hereinabove.
(xi) Signage. A sign or signs, including a symbol recognizable to children, shall be permanently affixed to the secondary barrier indicating that there is an inherently dangerous reptile within such enclosure.
(E) The animal control director in conjunction with the issuance of a certificate of registration may grant a variance from the enclosure dimensions, and/or enclosure materials provisions within this section for any enclosures used to house inherently dangerous mammals and/or inherently dangerous reptiles which were in existence on the effective date of the ordinance codified in this chapter, so long as such variance does not, in the sole discretion of the director, jeopardize the animal’s welfare or public safety.
(2) The premises are posted with clearly visible warning signs stating that a dangerous animal is on the property.
(3) The owner has procured a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount of two hundred fifty thousand dollars per animal, or such greater amount as is established by the state which provides coverage for any and all personal injuries inflicted by the animal.
(4) The owner pays an annual registration fee in an amount set by the Chelan County commission.
(5) The Chelan County animal control authority shall conduct an annual inspection of the facilities required by this section and certify the compliance of the owner shall submit to an initial inspection of the premises where the potentially dangerous wild animal is proposed to be harbored, prior to the license being issued, and to additional inspections, announced or unannounced at the director’s discretion, at any other time deemed necessary by the director between the hours of seven a.m. and nine p.m. daily during the life of the animal; said inspection to be performed by the director, any animal control director, or any person designated by the director to assist in the performance of the inspection which is performed in accordance with of this chapter. (Res. 2005-129 (part), 12/20/05).
7.40.022 Transporting potentially dangerous animal.
A person transporting a potentially dangerous animal shall do so only in a locked crate or container not readily accessible to the public. (Res. 2005-129 (part), 12/20/05).
7.40.030 Impoundment.
(a) Any animal constituting a public nuisance as described in Section 7.40.020 may be taken into custody with or without a warrant by any peace officer or humane officer of Chelan County and impounded within the county, and a written report of the circumstances constituting the basis of impoundment shall be filed by the agency causing the animal to be impounded.
(b) A potentially dangerous wild animal found not to be in compliance with the provisions of this chapter and therefore a public nuisance may be removed from Chelan County by Chelan County animal control. Animal control shall provide the owner with a thirty-day written notice to comply. If the owner fails to comply, animal control may impound the animal at the owner’s expense until such time as the nuisance violation is cured or an order of destruction is obtained from a court of competent jurisdiction.
(c) Impounded animals shall be held for a period of seventy-two hours commencing one a.m. following the date of detainment, excluding the days that the holding facility is not open. Injured, diseased or wild animals need not be held, but may be disposed of in a humane manner at the discretion of the impounding authority.
(d) Any person may file a complaint, under oath, with the Chelan County district court alleging any animal described in Section 7.40.020 to be a public nuisance, whereupon the district court may issue a warrant directed to the Chelan County sheriff or any other peace officer or humane officer to impound such animal.
(e) An approved animal shelter shall be any animal shelter which has been approved in writing by the Chelan County commissioners. Approval may be withdrawn by the Chelan County commissioners by notice in writing at any time. (Res. 2005-129 (part), 12/20/05; Res. 94-63 § 3, 5/3/94).
7.40.040 Notice and redemption.
(a) Upon the impoundment of any animal as a public nuisance, immediate efforts shall be made by the impounding authority to give notice of impoundment to the owner or agent. Such notice shall be by personal contact, if feasible; otherwise, by certified mail, return receipt requested, to the last known address of such owner or agent.
(b) Any person claiming an impounded animal must pay the minimum applicable fees as set by the animal control facility, or the actual cost (whichever is higher), plus the cost of any reasonably necessary veterinarian expense incurred during the period of impoundment.
(c) Anyone claiming an impounded animal must prove ownership. When establishing ownership, the animal control authority may, but is not required to, rely on an affidavit or certification executed by any person claiming ownership when such affidavit or certification is made in substantial compliance with RCW 9A.72.085. (Res. 2014-113, 11/10/14: Res. 2009-16 (part), 1/26/09; Res. 2002-66 (part), 4/29/02; Res. 99-156, 12/13/99; Res. 94-63 § 4, 5/3/94).
7.40.050 Destruction or other disposition.
(a) Impounded animals not claimed become the property of the impounding authority and may be destroyed in a humane manner or held for adoption.
(b) Any dog constituting a public nuisance which a peace officer or humane officer is unable to take into custody for purposes of impoundment, save at risk of serious bodily harm to himself, may be forthwith destroyed by such officer. (Res. 94-63 § 5, 5/3/94).
7.40.060 Animal licensing.
(a) Generally. Dog licenses are required for all dogs residing or found in the designated urban growth areas of Chelan County. The licenses are nontransferable. Application for licenses and permits shall be made on forms approved by the director of the designated animal control authority, and the application shall be accompanied by the fees set herein and proof of alteration if the animal is altered. Licenses shall be issued in the name of the owner and shall be numbered serially. License identification tags inscribed “Chelan County,” a number corresponding to the license and the year of issue shall accompany each license issued. Any owner of a dog that is four months of age or older must obtain a valid license for each dog. Licenses shall be available November 1st of each year and must be purchased by December 31st of said year and are effective through December 31st of the following year. The owner of such dog shall cause the identification tag to be conspicuously displayed on the animal anytime it is off the owner’s property. Any dog or animal license/registration fees mentioned in this section are to be collected and utilized by the designated animal control authority for Chelan County for the purpose of offsetting the cost of providing animal control services. The only exception to the foregoing rules is that the dangerous dog fee is required throughout Chelan County, unless previously imposed by a municipality pursuant to the authority of Chapter 16.08 RCW.
(b) Fee Schedule.
(1) Each new dog license for every annual period of renewal shall be twenty dollars per year for altered dogs and sixty dollars per year for unaltered dogs.
(2) Kennel fees (in lieu of individual dog licenses) shall be one hundred dollars for kennels in which all dogs are altered, and one hundred fifty dollars for kennels in which any one dog is unaltered.
(3) Late fee renewal, or failure to purchase a dog license more than three days after its expiration, will be ten dollars additional.
(4) Mandatory microchipping of dangerous dogs and potentially dangerous dogs is required. Registration fees for potentially dangerous and dangerous dogs are one hundred dollars to offset the costs of the microchip, implantation and registration to be paid by the owners of potentially dangerous or dangerous dogs.
(5) The above fees (except dangerous dogs) are discounted fifty percent for senior citizens, and do not apply to police dogs. Further, the director may discount the dog license fee fifty percent due to an owner’s significant disability.
(c) Voluntary Licensing. The animal control authority may collect dog license fees and issue license identification tags throughout the unincorporated areas of Chelan County, but these fees are to be collected on a purely voluntary basis only, and the animal owner must be apprised that the fee is voluntary. Uniform voluntary licensing rates are to be determined by the director of the animal control authority.
(d) Penalties.
(1) It is a civil infraction for any dog owner to fail to license his or her dog when required, or fail to display conspicuously a license identification tag on any dog found or observed off of the owner’s property when licensing is required as provided in this section. Each day’s violation constitutes a separate offense.
(2) The penalty for any violation outlined herein is two hundred fifty dollars per violation (exclusive of statutory assessments), and shall be collected and enforced pursuant to the provisions of Chelan County Code Section 7.40.090 to the extent it does not conflict with this section.
(3) These penalty provisions do not apply to owners of dangerous dogs who fail to register said animal. Rather, he or she is subject to the penalty provisions of Chapter 16.08 RCW et seq. or any amendments thereto. (Res. 2011-114, 12/19/11; Res. 2009-16 (part), 1/26/09; Res. 2003-157, 12/8/03; Res. 2002-66 (part), 4/29/2002: Res. 94-63 § 6, 5/3/94).
7.40.070 Rabies control.
(a) All dogs and cats over the age of six months or dogs with a full set of canine teeth shall have a current rabies vaccination administered by a licensed veterinarian. Persons purchasing or obtaining a dog or cat over six months of age, or moving into the county with a dog or cat over six months of age, shall have the dog or cat vaccinated within thirty days of ownership or residence in the county.
(b) A current rabies vaccination means that a dog or cat vaccinated between three months and one year shall be revaccinated within one year and revaccinated at least within every three years thereafter.
(c) Any dog or cat that has bitten any person shall immediately be confined for a period of ten days. If an animal other than a cat or dog bites any person, the local health officer shall be contacted to determine whether or not to order confinement or the destruction or testing of the animal. The location of confinement shall be determined by the agency investigating the bite, and shall be at the expense of the owner or custodian of the animal.
(d) It is unlawful for any person to release a quarantined animal from confinement until such release has been approved by the officer or agency causing such confinement.
(e) It is unlawful for the owner of any animal that has bitten any person to destroy such animal before it can be confined by any peace officer or humane officer. The owner or custodian of any animal that has been reported as having inflicted a bite on any person shall on demand of the peace officer or humane officer produce such animal for examination and quarantine as prescribed in this section. If the owner or custodian of any such animal refuses to produce such animal, the owner or custodian shall be subject to immediate arrest by a deputy sheriff if there shall be probable cause to believe that the animal has inflicted a bite on any person and the owner or custodian is keeping or harboring the animal and wilfully refuses to produce the animal upon such demand. Such persons shall be taken before the judge of the district court, who may order immediate production of the animal. If the owner knowingly conceals or refuses to produce the animal, each day of concealment or refusal to produce shall constitute a separate and individual violation of this section.
(f) When an animal under quarantine shall have been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the local health officer and the animal control authority for Chelan County and advise such officers of any reports of human contact with such animal. If any animal under quarantine dies while under observation, the peace officer or humane officer shall immediately notify the local health officer and take immediate action to obtain a pathological exam, as required by the local health officer. The health officer shall be provided any reports of human contact with the animal.
(g) When a cat or a dog has been bitten by or exposed to a rabid or suspected rabid animal the peace officer or humane officer shall immediately notify the local health officer. (Res. 94-63 § 7, 5/3/94).
7.40.080 Animal health and safety.
(a) It is unlawful for any person with an ownership or possessory interest in an animal to:
(1) Permit or allow the confinement of the animal in any container or vehicle in such a manner that places the animal in a life- or health-threatening situation due to exposure to heat or cold;
(2) Permit or allow the unsanitary or offensive accumulation of dog or animal feces in any open area, run, cage, or yard, wherein dogs or other animals are kept;
(3) Permit or allow the tethering or confinement of any animal in such a manner or place as to endanger the health or welfare of the animal, or in any such manner or place which causes injury or pain to the animal.
(b) Any animal control officer designated pursuant to Section 7.40.010 of this chapter who has probable cause to believe that this section is being violated shall have the authority to enter such vehicle or premises by any reasonable means necessary to the circumstances, either with or without warrant, after making reasonable effort to locate the owner if feasible under the circumstances, in order to remove any animals who the officer reasonably believes is in imminent danger of suffering a life or health threatening situation as a result of the violation. Any such animals removed pursuant to this section may be impounded pursuant to Sections 7.40.030 through 7.40.050 of this chapter, even if said animal does not constitute a public nuisance. (Res. 99-40 (part), 4/16/99).
7.40.090 Violations—Penalties—Jurisdiction.
(a) It is unlawful for any person with an ownership or possessory interest in an animal described in Section 7.40.020 of this chapter to permit said animal to be a public nuisance. The aforementioned term “permit,” as well as the term “allow” means any conduct by a person in relation to an animal described in Section 7.40.020 of this chapter and elsewhere in this chapter which is intentional, deliberate, careless, inadvertent, or negligent.
(b) It is unlawful for any person to knowingly interfere with or hinder the impoundment or apprehension for purposes of impoundment, of any animal for which impoundment is allowed under this chapter, including any animals being removed pursuant to Section 7.40.080(b) of this chapter, when such person seeking apprehension, impoundment, or removal is reasonably identifiable as a law enforcement officer or animal control officer.
(c) Unless otherwise designated, a first violation of this chapter is a civil infraction with a penalty not to exceed one hundred thirty dollars, exclusive of any statutory PSEA assessments. Unless otherwise designated, a second violation of this chapter within five years is a civil infraction with a penalty not to exceed two hundred fifty dollars, exclusive of any statutory PSEA assessments. A third violation of this chapter within a five-year period or any violation of Sections 7.40.070(d), 7.40.070(e), or subsection (b) of this section shall be designated a misdemeanor, punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. The court may suspend any or all of the monetary penalty and/or jail time of any violation of this chapter upon appropriate conditions to be established by the court in its discretion, including payment of restitution to any injured party as set forth in subsection (d) of this section.
(d) In any prosecution under this chapter, the court may order the defendant to make restitution to any victims. If the court orders restitution, the court shall make a finding as to the amount of the victim’s loss from the violation, and may order the defendant to pay restitution to the injured party in an amount not to exceed double the victim’s loss.
(e) Any monetary penalty imposed by a court pursuant to this chapter for any violation denominated as an infraction is immediately payable. If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting attorney of the failure to pay.
(f) Any monetary penalty imposed by a court pursuant to this chapter for any violation denominated a misdemeanor is immediately payable. The court may however grant an extension of the period in which the penalty may be paid, or may convert the penalty to community services or to jail time at an appropriate rate to be determined by the court.
(g) Prosecutions for offenses described in this chapter shall not be commenced after a period of one year after its commission.
(h) If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. (Res. 99-40 (part), 4/6/99; Ord. 94-63 § 8, 5/3/94).