Chapter 6.07
ENFORCEMENT PROCEDURES AND PENALTIES
Sections:
6.07.010 Enforcement authority.
6.07.020 Impound power and procedure.
6.07.030 Redemption of impounded animals.
6.07.040 Unredeemed impounded animals.
6.07.050 Redemption of impounded animals subject to further provisions.
6.07.060 Violations to be abated.
6.07.070 Termination of occurrence of violation.
6.07.080 Animal declared a public nuisance – Abatement.
6.07.090 Additional enforcement.
6.07.100 Disposal of dead animals.
6.07.110 Abatement of nuisances – Procedure – Appeals.
6.07.120 Power to decide requests for variance.
6.07.140 Destruction of animal by Law Enforcement Officer – Immunity.
6.07.150 Statutory provision adopted by reference.
6.07.010 Enforcement authority.
A. Enforcement officers and officials are authorized to take such lawful action as may be required to enforce the provisions of this title and the laws of the state as they pertain to control of animal behavior and prevention of cruelty to animals.
B. Enforcement officers and officials shall not enter a building designated for and used for private purposes unless authorized or a proper warrant has first been issued showing that the officer or official has probable cause to believe an animal is being maintained in the building in violation of this title.
C. Provided, that such officers or officials, while pursuing an animal observed by the officer or official to be in violation of this title, may enter any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation.
D. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an officer or official from pursuing and impounding an animal observed to be in violation of this title.
E. Whenever any such person shall be taken into custody or be subject to arrest by any Law Enforcement Officer, such officer may take charge of the animal or animals; and any necessary expense thereof shall be paid before the animal or animals may be recovered. (Ord. C-669 § 49, 2008)
6.07.020 Impound power and procedure.
A. The Chief of Police and his officers may apprehend an animal found doing any of the acts defined as a public nuisance or being subject to cruel treatment as defined by law. Except as required by state law and this title, after such animals are apprehended, the Chief of Police or his officers shall ascertain whether such animal is licensed, or otherwise identifiable; if it is reasonably possible the Chief of Police or his officers shall notify the owner within a reasonable time in person, by certified mail or telephone that the animal has been impounded and may be redeemed, provided all provisions of this chapter are met.
B. An animal impounded pursuant to this chapter and not subject to other provisions of this chapter shall be held for the owner at least 72 hours after the owner’s receipt of notification in person by certified mail or telephone. Any animal suffering from serious injury or disease may be humanely destroyed by euthanasia or in the discretion of the impounding authority may be held for a longer period and provided veterinary care and redeemed by the owner or keeper within 72 hours of notification or by any person after that time upon the payment of all charges due.
C. The Chief of Police or his officers shall immediately upon impounding an animal make a complete registry, entering the type, breed, color and sex of such animal and, where appropriate, whether licensed and if licensed shall enter the name and address of the owner or keeper and the number of the tag. (Ord. C-669 § 50, 2008)
6.07.030 Redemption of impounded animals.
Impounded animals shall be taken to locations approved by the City. The owner or keeper of such an animal may recover said animal when all billable costs, redemption fees, penalties, license fees, including any late penalty, and boarding costs incurred by such impoundments are made payable to the City. The Chief of Police or his authorized officers may release the animal to its owner before the receipt of all costs and payments due when the Chief of Police or his authorized officers receive notice from the Clerk-Treasurer that the owner has signed a promissory note, in a form prepared by the City Attorney, wherein such owner shall agree to pay such redemption charges in full within 30 days from the date of the execution of such promissory note. Such promissory note shall provide for the interest and payment of the attorneys’ fees involved in collection in the event payment is not made within the time required by the terms thereof. (Ord. C-669 § 51, 2008)
6.07.040 Unredeemed impounded animals.
In the case of an animal that is not redeemed within 72 hours after the owner’s receipt of notification in person, by certified mail, or telephone, it shall be humanely destroyed by euthanasia by the impounding agency or may be made available for adoption. A notice shall be served upon the owner, if known, in person, by certified mail or telephone at least 72 hours before such action. (Ord. C-669 § 52, 2008)
6.07.050 Redemption of impounded animals subject to further provisions.
Release of an impounded animal to its owner or keeper may be further subject to an agreement by the owner or keeper to special provisions set by the Chief of Police intended to prevent the recurrence of the violation. Violation of such agreement shall be a violation of this chapter and shall be punished accordingly. (Ord. C-669 § 53, 2008)
6.07.060 Violations to be abated.
For the purposes of this chapter, the following are violations of this chapter and are abated as provided in this chapter:
A. A public nuisance relating to animal control known at common law or in equity jurisprudence;
B. A domesticated animal running at large;
C. A domesticated animal, whether licensed or not, that runs at large in a park, or enters a public beach, pond, fountain, or stream therein, or upon a public playground or school ground, except that this subsection shall not apply to a person using a trained seeing-eye, guide, or service dog, to animal shows, exhibitions, or organized dog training classes when at least 24 hours’ advance notice has been given to the Chief of Police by such persons requesting to hold such animal shows, exhibitions or dog training classes;
D. An animal that enters a room or immediate area where food is stored, prepared, served, or sold to the public, except that this subsection shall not apply to a guide dog for a blind or hearing-impaired person or to a service dog for a physically disabled person;
E. An animal that enters a public building or hall, except that this section shall not apply to a guide dog for a blind or hearing-impaired person, to a service dog for a physically disabled person, to veterinary offices or hospitals, shelters, or to animal shows, exhibitions or organized dog training classes when at least 24 hours’ advance notice has been given to the Chief of Police by such persons requesting to hold such animal shows, exhibitions, or dog training classes. This subsection shall not prohibit a person from walking or exercising an animal, or visiting a public building or hall with an animal, when such animal is on a leash or in an enclosure and proper safeguards are taken to protect the public and property from injury or damage by the animal; however, the owner of the animal shall assume all risk and liability for injury or damage that could be caused by the animal;
F. A domesticated animal that chases, runs after, or jumps at vehicles using the public streets;
G. A domesticated animal that habitually snaps, growls, snarls, jumps upon, or otherwise threatens persons lawfully using the public streets;
H. An animal that has exhibited vicious propensities and that constitutes a danger to the safety of persons, property, or other animals off its owner’s or keeper’s premises or lawfully on such owner’s or keeper’s premises;
I. An animal with vicious propensities when not on its owner’s or keeper’s premises and not securely controlled by leash or confined or not in control of a person of suitable age and discretion to control or restrain such animal;
J. A domesticated animal which howls, yelps, whines, barks, or makes other oral noises, in such a manner as to disturb such person(s) or a neighborhood to an unreasonable degree;
K. A domesticated animal that enters upon another person’s property without the permission of that person;
L. An animal staked, tethered, or kept on a public property without prior written consent of the Chief of Police;
M. Animals kept, harbored, or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian;
N. Animals running in packs;
O. Domestic animals trespassing on private or public property so as to damage, destroy or despoil any property. (Ord. C-669 § 54, 2008)
6.07.070 Termination of occurrence of violation.
Upon the complaint of a person, and after such complaint is verified by the Chief of Police or his authorized officers, the Chief of Police shall commence proceedings to terminate the occurrence of a violation either by service of citation or by the procedure set out in AHMC 6.07.110, as applicable. The standards of this chapter shall be followed by the Chief of Police in determining the existence of an animal control violation and in determining the abatement action required. (Ord. C-669 § 55, 2008)
6.07.080 Animal declared a public nuisance – Abatement.
An animal that has been the subject of three convictions of a violation of this title or an animal that bites or attacks a person or persons without provocation twice is a public nuisance and shall not be kept within the City. The Chief of Police shall follow the procedures set out in AHMC 6.07.110 in order to abate such animal. After completion of such abatement procedures, an animal subject to removal from the City as provided in this section that is found within the City shall be impounded and treated as an unredeemed animal with no right of redemption by its owner or keeper. (Ord. C-669 § 56, 2008)
6.07.090 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the Chief of Police through the City Manager may seek legal or equitable relief to enjoin acts or practices and abate conditions that constitute a violation of this chapter or other regulation adopted in this chapter. (Ord. C-669 § 57, 2008)
6.07.100 Disposal of dead animals.
The Chief of Police or his officers shall collect and dispose of all dead animals found in the City and if the owner or keeper is known, a fee set by actual cost plus a 25 percent administrative fee may be collected for such service. A fee set by administrative order of the City Manager shall be charged an owner or keeper who wants his animal disposed of by the Police Department. (Ord. C-669 § 58, 2008)
6.07.110 Abatement of nuisances – Procedure – Appeals.
The following procedure shall apply to the abatement of animals subject to removal and to animals not redeemable because of being found subject to cruelty. Notice shall be directed to the owner or keeper of such an animal by the Chief of Police, stating the action to be taken, the basis for action, and the availability of an appeal, as provided in this section. Such notice shall be served personally, or by postage paid, certified mail, return receipt requested, or by posting at the last known residence or place of business of the owner or keeper.
Such notice shall constitute a final order unless the owner or keeper files a written notice of appeal within 14 days of the receipt of the notice or posting of the notice. The written notice of appeal:
A. Shall be filed in writing with the Clerk-Treasurer. Such written appeal must contain:
1. The names of the parties;
2. A brief statement setting forth the alleged error; and
3. The signature of the appellant(s).
B. Appeal from the decision of the Hearing Examiner shall be directly to Spokane County Superior Court and shall be made in writing to that court within 14 days of the issuance of the decision of the Hearing Examiner. During the pendency of such appeal the animal shall either be confined or, as an alternative, the owner shall post adequate monetary security to guarantee he will confine the animal. The Hearing Examiner shall have the discretion to order either alternative, and shall have discretion to revoke the recognizance should the owner violate any provision thereof. In the event the animal is confined during the appeal to Superior Court, the owner shall, as a condition of such appeal, post a cost bond in an amount equivalent to the cost of maintaining the animal during the pendency of the action in Superior Court. Such bond shall be posted either within 14 days of commencing the action or within 14 days of revocation of the recognizance, such as the case may be.
C. Failure to fully comply with a final order shall be a misdemeanor and further, the Chief of Police or his authorized agent shall be empowered to act to abate such nuisance or cruelty violation and the person failing to comply with such order shall become indebted to the City for all damages, costs, and charges incurred in the removal of such animal. Such damages, costs, and charges shall become a civil debt against the person failing to comply and shall be collectible in the same manner as any other civil debt owing to the City.
D. Whenever such a public nuisance constitutes or reasonably appears to constitute an imminent or continuing danger to the public, the Chief of Police or his/her designee shall have authority to summarily and without notice abate the same by reasonable means. If the subject animal can be safely impounded, the Chief of Police or his/her designee shall do so, and the owner or keeper thereof shall become indebted to the City for all damages, costs, and charges incurred during the process of abatement.
E. If the animal cannot be safely impounded, the Chief of Police or his/her designee shall have authority to slay such animal. The expense of such abatement shall likewise become a civil debt against the owner or keeper of such animal. Such summary abatement shall not limit criminal prosecution for the original violation. (Ord. C-669 § 59, 2008)
6.07.120 Power to decide requests for variance.
The City Manager shall hear and decide all requests for variance from the rules, regulations and requirements of this title. The City Manager shall further make a finding that the granting of the variance will be in harmony with the general intent and purpose of this title and will not be injurious to the neighborhood or otherwise detrimental to public welfare. (Ord. C-669 § 60, 2008)
6.07.130 Violation – Penalty.
A. Unless otherwise stated in this chapter:
1. A first violation of or failure to comply with any provision of this chapter shall be fined a civil penalty of not less than $100.00.
2. A second violation of or failure to comply with any provision of this chapter shall be fined a civil penalty of not less than $250.00.
3. A third or subsequent violation or failure to comply with any provision of this chapter is a misdemeanor and, if convicted, punishable as provided in RCW 9A.20.021.
B. Any person violating any of the below provisions shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in RCW 9A.20.021(2).
1. AHMC 6.01.080, Duty when striking domestic animals with motor vehicle.
2. AHMC 6.03.010, Dangerous dog registration.
3. AHMC 6.07.080, Animal declared a public nuisance – Abatement.
4. AHMC 6.03.100, Dangerous and potentially dangerous dog additional requirements.
5. AHMC 6.01.110, Rabies control.
6. AHMC 6.01.100, Possession of another’s animal.
C. A violation of this title that results in a civil penalty shall be prosecuted according to Chapter 7.80 RCW, including the requirements for a notice of infraction, response to notice of infraction, hearing and penalty. In addition, dangerous dog owners with a prior conviction may be subject to a Class C felony punishable in accordance with RCW 9A.20.021. See RCW 16.08.100, which sets forth additional process and procedure for the confiscation and quarantine of dangerous dogs. (Ord. C-669 § 61, 2008)
6.07.140 Destruction of animal by Law Enforcement Officer – Immunity.
This chapter shall not limit the right of a Law Enforcement Officer to destroy an animal that has been seriously injured and would otherwise continue to suffer. Such action shall be undertaken with reasonable prudence and whenever possible, in consultation with a licensed veterinarian and the owner of the animal. Law Enforcement Officers and licensed veterinarians shall be immune from civil and criminal liability for actions taken under this chapter if reasonable prudence is exercised in carrying out the provisions of this chapter. (Ord. C-669 § 62, 2008)
6.07.150 Statutory provision adopted by reference.
A. Conflict Between Provisions. Any provision of law adopted by this title as may be in conflict with any existing provision of this code shall be deemed to control over said existing law unless specifically preempted. (Ord. C-669 § 63, 2008)