Chapter 6.10 ANIMAL REGULATIONS

It is the public policy of the city of Battle Ground to adopt and enforce those animal control measures deemed desirable and necessary for the protection of the health, welfare, and safety of the residents and animals of the city of Battle Ground and to prevent injury to property and cruelty to animals. To this end, it is the purpose of the ordinance codified in this chapter to provide a means of licensing dogs and other animals and facilities; to regulate animal behavior so that it will not constitute a nuisance; and to prevent or curtail inhumane treatment to animals. (Ord. 00-013 § 1, 2000)

6.10.020 Definitions.

As used in this title:

“Adult dog” means any dog having a set of permanent canine teeth, or past the age of six months.

“Animal” means any member of the classes of reptile, bird, or mammal, except man.

“Animal control officer” means any employee of the city of Battle Ground, or agent thereof or appropriate contractor, any of which shall be designated for this limited purpose of enforcing this title and the laws of the state of Washington as they pertain to animal control and welfare.

“Animal shelter” means a facility which is used to house or contain stray, homeless, abandoned, or unwanted animals, and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.

“Dangerous dog” means the following:

1. “Dangerous dog” means any dog that, when unprovoked:

a. Inflicts severe injury on a human being without provocation on public or private property; or

b. Kills a domestic animal or livestock without provocation while off the owner’s property; or

c. Has been previously found to be potentially dangerous and the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals or livestock.

2. “Potentially dangerous dog” means any dog that, when unprovoked:

a. Inflicts bites on a human, domestic animal, or livestock either on public or private property; or

b. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

“Domestic animal” or “pet” means any animal other than livestock that lives and breeds in a tame condition. This generally refers to dogs, cats, and some birds.

“Exotic animal” means any animal which, when in its wild state, or due to its size, habits, natural propensities, training or instinct, presents a danger or potential danger to human beings and is capable of inflicting serious physical harm upon human beings, and includes inherently dangerous mammals and reptiles as follows:

1. “Inherently dangerous mammal” means any live member of the Canidae, Felidae, or Ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and which includes:

a. Canidae, including any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, including wolf hybrids which are a cross between a wolf and domestic dog, but not including domestic dogs (Canis familiaris). Common names include wolf, coyote, jackal, hyena, fox, and all their hybrids;

b. Felidae, including any member of the cat family weighing over fifteen pounds not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus);

c. Ursidae, including any member of the bear family, or any hybrids thereof.

2. “Inherently dangerous reptile” means any live member of the class reptilia which:

a. Is venomous, including, but not necessarily limited to, all members of the following families: Helodermidae (beaded lizards including gila monster, Mexican beaded lizard); Viperidae (vipers and adders); Crotalidae (pit vipers); Atraciaspididae (mole vipers); Hydrophilidae (sea snakes); and Elapidae (cobras); or

b. Is a “rear fanged” snake of the family Colubridae (rear fanged snakes) that are known to be dangerous to humans, including, but not necessarily limited to, all members of the following families: Dispholidus typus (boom-slang snake); Thebtornis kirtlandii (twig snake); and Rhabdophis ssp. (speckled belly keelback and red necked keelback); or

c. Is a member of the order Crocodilia (crocodiles, alligators, and caiman) over two feet in length.

“Facility” means any premises used to conduct an animal shelter or animal-related business such as grooming, breeding, boarding, sale or training of domestic, exotic and/or guard animals, but excluding animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians.

“Feral” means any animal, normally classified as domestic, which has escaped domestication and become wild.

“Grooming parlor” means any establishment where animals are bathed, clipped, or combed for a valuable consideration for the purpose of enhancing their aesthetic value.

“Kennel” means either:

1. Any premises used to conduct a commercial business involving the buying, selling, breeding for sale, letting for hire, boarding, or training of dogs;

2. Any premises at which three or more dogs which are five months of age or older are kept for any purpose for a fee, including animal shelters, but excluding animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians;

3. Any premises where offspring puppies or adult dogs are sold to commercial outlets or are sold for research or experimental purposes;

4. Any premises where offspring from two or more litters per twelve-month period are sold or traded, exchanged or bartered for a valuable consideration or joint ownership purpose;

5. Any premises used as the location for the training of dogs for obedience, hunting, protection, etc., (if the address is different from the office address) or the premises are used as a combination office/training location, except if the training site is property belonging to a recognized school district, municipal body, or not-for-profit organization.

“Large animal” means any animal exceeding one hundred pounds in weight except domestic dogs.

“Lawful” in regard to herding, hunting, competition, or training means to be engaged in such activity on the property of another by permission, or on public land that is set aside and/or open for such use.

“Leash” means a cord, thong, or chain not more than nine feet in length by which an animal is physically controlled by the person accompanying it. The leash length may be longer so long as the person controlling the animal can clearly demonstrate control of the animal at a longer leash length.

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

“Livestock” means any horse, mule, burro, dairy or beef animal, llama, goat, sheep, swine, rabbit, and poultry.

“Owner” means any person possessing, harboring, keeping, having an interest in, or any person having control or custody of an animal. In a household setting, the owner is presumed to be the head of the household.

“Pack of dogs” means a group of three or more dogs running upon lands, either public or private, not that of their owner, when such dogs are not restrained or under control.

“Person” means any individual, partnership, corporation, or other legal entity.

“Pet shop” means an establishment where animals bred elsewhere are offered for sale to the public.

“Police dog” means a dog used by a law enforcement agency and specially trained for law enforcement work.

“Poultry” means all domesticated fowl and all game birds which are legally held in captivity.

“Running at large” means to be off the premises of the owner and not under the control of either the owner or a person authorized by the owner.

“Stray” means any animal captured, impounded, or in the custody of animal control, its employees or agents, or at an area authorized by animal control to care for and keep custody of animals.

“Tether” means the practice of fastening a dog or animal to a stationary object or stake as a means of keeping the animal under control. This term is not to refer to an animal on a leash accompanied by a person.

“Under control” means the voice, signal, or physical control so as to be restrained from approaching a bystander, from entering private property, and from causing damage to property. An animal is presumed not to have been under control if injury, damage, or trespass has occurred.

“Vicious” means showing a propensity without sufficient provocation to do any act which endangers the safety of persons, animals, or property. (Ord. 11-03 § 1, 2011: Ord. 00-013 § 2, 2000)

6.10.030 Application for animal license.

The person registering any animal shall submit to the city clerk the following information:

A. The name, address, and phone number of the legal owner of any animal being registered;

B. The name, address, and phone number of the person having custody of any animal, if such person is one other than the legal owner;

C. The name, age, breed, color, and sex of any animal being registered, and whether or not the animal has been neutered or spayed;

D. Distinguishing features, markings, or tattoos of any animal being registered;

E. The address of the property at which an animal is ordinarily kept or maintained. (Ord. 12-19 § 5, 2012: (Ord. 00-013 § 3, 2000)

6.10.040 Animal license—Fee.

The annual fee for animal licenses issued under this chapter shall be the amount as set and established by council resolution.

Animal licenses shall be renewed on January 1st of each year and are valid for a period of one year. Licenses shall be issued upon payment of the fee and satisfaction of other requirements contained in this chapter.

Documentation of registration is required from the owner of a registered service dog. (Ord. 16-09 § 1, 2016: Ord. 15-04 § 4 (part), 2015: Ord. 13-06 § 1, 2013: Ord. 00-013 § 4, 2000)

6.10.060 Dog license—Requirement.

All dogs over six months of age harbored, kept or maintained within the city shall be registered with the city at all times, provided, that dogs while kept at facilities licensed pursuant to this chapter shall be exempt from the provisions of this section.

Application for dog license issuance or renewal shall be made within a timely manner as listed below:

A. In the case of a newly acquired dog, the application shall be made within thirty days of such acquisition;

B. In the case of a new resident to the city with an unlicensed adult dog, the application shall be made within thirty days of establishing residency;

C. At no time shall there be more than three adult dogs per household, provided however, that any household with more than three adult dogs on the effective date of the ordinance codified in this chapter, or at such time as the ordinance codified in this chapter affects the household, shall be allowed to retain said dogs until there is death or sales or the dogs otherwise move out of the household, until the number of adult dogs for the said household is reduced to not more than three, provided further, that all dogs in any one household shall be properly licensed pursuant to the ordinance codified in this chapter and within thirty days of its effective date. (Ord. 02-008 § 1, 2002: Ord. 00-013 § 5, 2000)

6.10.062 Cat license—Requirements.

All domestic cats (Felis catus) over six months of age harbored, maintained, or kept within the city may be registered with the city at all times provided that cats, while kept at facilities licensed pursuant to this chapter, shall be exempt from the provisions of this section.

Application for licensing of domestic cats or the renewal thereof shall be done at the discretion of the owner of said animal but preferably within thirty days after acquisition of the animal or within thirty days after establishing residency within the city. (Ord. 13-18 § 1, 2013)

6.10.065 Animal license—Vaccination required.

As a prerequisite to licensing, any dog six months of age or older shall be currently vaccinated against the disease of rabies and any cat six months or older shall be vaccinated against the disease of feline rabies, and FVR or FHV-1/FCV/FPV. (Ord. 13-18 § 2, 2013: Ord. 00-013 § 6, 2000)

6.10.070 Dog license—License tag.

Upon application, submission of proof of immunization and payment of fees by the owner or person having the custody and control of any dog, city hall, or its designated agent, shall issue such person a numbered licensed identification tag for each dog so registered, and such person shall ensure that the tag is securely affixed to a substantial collar or harness to be worn by the dog at all times except at the time the dog is displayed in exhibition. License tags are not transferable between dogs or between owners. For newly acquired dogs, applications are required within thirty days or as outlined. (Ord. 00-013 § 7, 2000)

6.10.075 Large animals—Premises.

It is unlawful for any large animal to be kept, harbored or maintained within the city of Battle Ground on any property that is less than one-half acre of unimproved property in size per each large animal. Large animals for this section shall include all domestic and exotic animals. (Ord. 00-013 § 8, 2000)

6.10.080 Dangerous dogs—Special license required.

It is unlawful for any owner of a dog declared by the city of Battle Ground or any other agency to be dangerous to keep such dog within the city unless such owner has procured a special license from the city of Battle Ground. The special license shall be obtained within five working days. (Ord. 00-013 § 9, 2000)

6.10.090 Dangerous dogs—Definitions.

In addition to the definitions set forth in Section 6.10.020, other definitions applicable to dangerous dogs are as follows:

“Proper enclosure of a dangerous dog” means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.

“Provocation” includes, but is not limited to situations where threat, injury, or damage is sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

“Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 00-013 § 10, 2000)

6.10.100 Determination.

A. The city of Battle Ground shall issue a license to the owner of a dangerous dog only if the owner presents to the city of Battle Ground sufficient evidence of:

1. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and

2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the city of Battle Ground in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous dog; or

3. A policy of liability insurance, such as homeowners’ insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.

B. The owner of a dangerous dog shall not permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. (Ord. 21-06 § 1, 2021; Ord. 00-013 § 11, 2000)

6.10.110 Dangerous dogs—Additional requirements.

A. The city of Battle Ground shall issue a license to the owner of a dangerous dog only if the owner presents to the city of Battle Ground sufficient evidence of:

2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the city of Battle Ground in the sum of at least fifty thousand dollars, payable to any person injured by the dangerous dog; or

3. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.

6.10.120 Dangerous dogs—Enforcement.

Notwithstanding the provisions of this code, and in addition to the penalties prescribed therein:

A. Any dangerous dog may be immediately confiscated if:

1. The dog is not validly licensed under Section 6.10.080 of this chapter;

2. The owner does not secure and maintain the liability insurance coverage required under Section 6.10.110;

3. The dog is not maintained in a proper enclosure;

4. The dog is outside of the dwelling of the owner, or outside of the property enclosure and not under physical restraint of the responsible person.

B. If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or domestic animal, the dangerous dog shall be immediately confiscated by an employee of the city of Battle Ground or the designated animal control officer, placed in quarantine for a minimum of ten days, and thereafter destroyed in an expeditious and humane manner. The foregoing provisions for humane destruction of dogs shall be subject to the appeal process. Provided, that a written appeal is filed with the city of Battle Ground within five days of the impoundment.

C. A potentially dangerous dog that bites a person may be quarantined a minimum of ten days unless the owner can produce proof that there is no danger of rabies. The cost of the quarantine shall be borne by the owner. (Ord. 00-013 § 13, 2000)

6.10.130 Exotic animals.

It is unlawful for any person to bring into the city, or to possess or maintain within the city, any exotic animal as defined in Section 6.10.020. (Ord. 00-013 § 14, 2000)

6.10.170 Exemptions from chapter.

The section prohibiting exotic animals shall not apply to uninterrupted transport of wild or exotic animals through the city by train or truck. Exempt from the permit requirement of said section are circuses and zoos, 4-H exhibitions and Harvest Days staying within the city for a limited time of no more than fourteen days; provided that proper safeguards are taken to protect the public and the animal control authority is notified of their arrival, all locations used to keep the animals, and duration of stay; and a state registered wildlife rehabilitation center sanctioned by the Washington State Wildlife Department.

It is further provided that any animal that is properly maintained on a parcel of property that is annexed into the city of Battle Ground shall be deemed to be a nonconforming use so long as it is compatible with the existing land use while the property was outside the city of Battle Ground. Other than the licensing of dogs and dangerous dogs, the provisions of this chapter shall not apply until such time as the pre-existing use of the land becomes a conforming use. (Ord. 00-013 § 15, 2000)

6.10.185 Certain animals prohibited.

It is unlawful to keep, harbor or maintain swine or roosters within the city limits of the city of Battle Ground; provided, however, it will be lawful to keep up to three pot-bellied pigs within the city limits. (Ord. 15-04 § 4 (part), 2015: Ord. 00-013 § 16, 2000)

6.10.190 Facility licenses—Requirement.

It is unlawful for any person to own, maintain, or operate a facility as defined in this chapter unless such person has obtained the applicable license as provided hereinafter. If there is a change in the ownership of any such facility, the new owner shall license the facility. The designated animal control officer shall inspect the premises described hereinafter at any time during regular business hours to determine compliance with this chapter. (Ord. 00-013 § 17, 2000)

6.10.200 Facility licenses—Application.

Any person making application for a facility license shall submit to the animal control department the following information:

A. The name, address, and phone number of the owner of such facility;

B. The name, address, and phone number of the person having primary supervision of such facility;

C. The address or location and phone number of such facility;

D. The maximum number of animals which such facility will contain at any single time;

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

F. A statement giving permission for the inspection of such facility at any reasonable time;

G. A certificate of zoning compliance issued by the city of Battle Ground. (Ord. 00-013 § 18, 2000)

6.10.210 Facilities—General conditions.

Animal shelters, kennels, and pet shops shall meet the following conditions:

A. Animal housing facilities shall be structurally sound, shall be maintained in good repair, and shall be designed so as to protect the animals from injury and restrict the entrance of other animals. These facilities shall also conform to any building and zoning or development codes applicable within the city limits of the city of Battle Ground.

B. Each animal shall be provided with adequate floor space to allow such animal to turn about freely and to easily stand, sit and lie in a comfortable normal position.

C. Any electrical power shall be supplied in conformance with applicable electrical codes adequate to supply heating and lighting as may be required by this chapter.

D. Water shall be supplied a sufficient pressure and quantity to clean indoor housing facilities and enclosures of debris and excreta.

E. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.

F. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards. Provision shall be made for facilities to comply with the industrial wastewater pretreatment ordinance, if applicable.

G. Washroom facilities, including sinks and toilets with hot and cold water, shall be conveniently available to maintain cleanliness among animal caretakers and for the purpose of washing utensils and equipment.

H. Sick, diseased, or injured animals shall be separated from those appearing healthy and normal and if for sale, shall be removed from display and sale and kept in isolation quarters with adequate ventilation to keep from contaminating well animals.

I. There shall be an employee or keeper on duty at all times during hours any store is open whose responsibility shall be the care and supervision of the animals in that shop or department held for sale or display.

J. An employee, keeper, or owner shall make provision to feed, water, and do the necessary cleaning of animals on days the store or establishment is closed.

K. No person shall misrepresent an animal to a consumer in any way.

L. No person shall knowingly sell a sick or injured animal without disclosing the sickness or injury to the purchaser.

M. Animals which are caged, closely confined, or restrained shall be permitted daily, and for an appropriate length of time, as determined by their size, age and species, to exercise in a yard or area suitable for that purpose. (Ord. 00-013 § 19, 2000)

6.10.220 Indoor facilities.

Animal shelters, kennels, and pet shops which have indoor facilities for animals shall:

A. Be sufficiently heated or cooled when necessary to protect the animals from temperatures to which they are not accustomed, taking into consideration their age, size and species;

B. Be adequately ventilated to provide for the health of the animals and to remove foul odors therefrom. The ventilation system so utilized shall be designed so that the volume of air within any enclosed indoor facility or part thereof shall be replaced by fresh air three or more times per hour. If ventilation equipment is used, it shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts;

C. Have ample light, either natural or artificial, or both, of good quality and well distributed to provide for such illumination as is necessary to inspect and clean during the entire working period. Such facilities shall be placed as to protect animals from excessive illumination. Sufficient lighting shall additionally be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers;

D. Have interior wall, ceiling, and floor surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint. Floor surfaces shall not be made of unsealed wood. Interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris;

E. Contain a suitable method of drainage to facilitate the rapid elimination of excess water under any weather or temperature condition from indoor housing facilities. Such system shall be connected to a sanitary sewer or septic tank system which shall conform with standards of county building codes: provided, this requirement shall not apply to pet shops. If drains are used, they shall be maintained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities;

F. Be maintained in a clean and sanitary condition, with the use of a safe and effective disinfectant in cleaning. (Ord. 00-013 § 20, 2000)

6.10.230 Outdoor facility conditions.

Animal shelters, kennels, and pet shops which have outdoor facilities for animals shall:

A. Be constructed to provide shelter from excessive sunlight, rain, snow, wind, heat, cold, or other elements;

B. Be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein;

C. Contain a suitable system of drainage and be constructed to prevent an accumulation of water, mud, debris, excreta, or other material and capable of being kept clean and sanitary and shall be so kept;

D. Be enclosed by walls or fences sufficient to keep animals within and to prevent entrance of other animals;

E. The shelter must contain dry bedding material. If the ambient temperature is below thirty-five degrees Fahrenheit (1.7 degrees Celsius), additional clean dry bedding is required. Bedding must be replaced when there are prevalent odors, diseases, insects, pests, or vermin, or when worn or soiled;

F. The floors of the outdoor housing facilities may be made of wood, plastic, dry compacted earth, sand, or grass;

G. Structures for animals in outdoor housing must be maintained/repaired to continually provide adequate protection. (Ord. 00-013 § 21, 2000)

6.10.240 Grooming parlors—Conditions.

Grooming parlors shall:

A. Not board animals, but keep said animals for a reasonable time in order to perform the business of grooming;

B. Keep each animal in an individual cage;

C. Not permit animals therein kept for the direct purpose of grooming to have contact with other animals kept therein;

D. Sanitize all equipment after each animal has been groomed;

E. Not prescribe treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010;

F. Not leave animals unattended during the drying process;

G. Take reasonable precautions to prevent injury from occurring to any animals while in the custody of the parlor. (Ord. 00-013 § 22, 2000)

6.10.250 Vaccination required.

Each pet shop shall cause each dog and cat owned or sold by it to receive current and proper immunization from disease. Such immunization shall consist of distemper, hepatitis, leptospirosis, parainfluenza/inoculation for dogs and, in addition, rabies inoculation for dogs and cats over six months of age. Immunization for cats shall consist of Rx, calici-panleutopenia, chlamydia, psittuci, and rabies inoculation. (Ord. 00-013 § 23, 2000)

6.10.260 Nuisances.

It is unlawful for the owner or person responsible to cause, allow, permit, either willfully or by failure to exercise due care or participate in any of the following, which are singly or together defined as a public nuisance:

A. Any animal which by habitual howling, yelping, barking, crowing or other noise disturbs or annoys any person or neighborhood to an unreasonable degree, taken to be continuous noise for a period of ten or more minutes or intermittent noise for a period of thirty or more minutes, except: that such noises made by livestock, whether from commercial or noncommercial activities on land which is properly zoned to allow keeping of livestock, and such sounds made in facilities licensed under and in compliance with the provisions of this title. It shall be an affirmative defense under this subsection that the animal was intentionally provoked to make such noise; provided, that enactment of this provision shall in no way abrogate any other provision under this code concerning animal noise;

B. Any domesticated animal which enters upon private or public property, so as to damage or destroy any real or personal property, including livestock, thereon;

C. Any domesticated animal which chases, runs after, or jumps at vehicles using the public streets and alleys;

D. Any domesticated animal which snaps, growls, snarls, jumps at or upon, or otherwise threatens persons lawfully using public sidewalks, streets, alleys, or other public ways;

E. Animals running in packs;

F. Any animal which dumps garbage or strews trash on public or private property;

G. Any dog, whether licensed or not, which runs at large;

H. Any animal which enters any place where food is prepared, served, stored, or sold to the public; provided, however, that this section shall not apply to any blind person using a seeing-eye dog, a deaf person using a hearing-ear dog, or a duly authorized law enforcement officer or security guard using guard dogs in the performance of their duties;

I. Animals confined, staked, or kept on public property without prior consent of the applicable agency, or tying or picketing such animal on a street, alley or public place or unenclosed lot in a manner which allows the animal to go upon adjoining streets, alleys or public places or adjoining lots controlled by a person other than the person owning or controlling the animal;

J. Animals kept, harbored, or maintained and known to have a contagious disease, unless under the treatment of a licensed veterinarian or being kept for medical research;

K. Animals on public property not under the control of the owner or other competent person and without the consent of the applicable agency;

L. The ownership, harboring, or keeping of any species of animals designated by the Washington State Department of Health pursuant to the Washington Administrative Code regulating rabies, together with any amendments thereto, as dangerous to the public including any skunk, fox, or raccoon, except as lawfully authorized for fur farming;

M. Any vicious animal which runs at large at any time, or such animal when off or outside of the owner’s premises, not under the control of a person of suitable age and discretion to restrain such animal, or such animal when uncontrolled on the owner’s premises; provided, that this subsection shall not apply to potentially dangerous or dangerous dogs regulated by this chapter;

N. The taking from the wild, or the holding in captivity, or the having in one’s possession, or the exportation from or importation into the city of any species designated in WAC 232-12-015 and 232-12-030 and 232-12-040 together with amendments thereto, as protected wildlife, as fur bearing animals, or as game fish, birds, or animals, except as lawfully authorized;

O. Any dog in an established leash law zone found in violation of the provisions of this chapter;

P. Any animal violating or involved in a violation of the provisions of this chapter;

Q. Any animal which deposits excrement or other solid waste in any place not designated to receive such waste when such waste is not removed by the owner or other person having control over the animal;

R. Any domesticated animal which causes injury or harm to any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such animal;

S. Any unconfined female animal while in estrus which is accessible to other animals, except those used for controlled and planned breeding;

T. Interfere with, obstruct, torture, beat, kick, strike, mutilate, disable, shoot, poison, kill, or in any other way abuse or harass any police dog;

U. Harass a police dog while said police dog is confined in its quarters, an automobile, kennel, fenced area, training area, or while it is under the control of a dog handler;

V. Interfere with a police dog or dog handler while said police dog is engaged in lawful police activities. (Ord. 00-013 § 24, 2000)

6.10.270 Cruelty to animals.

The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it is unlawful for any person, firm, or corporation to:

A. Willfully and cruelly kill, injure, poison, torture, or torment any animal;

B. Intentionally or negligently cause or allow any animal to endure pain, suffering or injury, or to fail or neglect to aid or attempt to alleviate pain, suffering or injury, including not providing needed veterinarian care, he has so caused to any animal;

C. Neglect or fail to provide minimum care to any animal within his care, custody, or control. For the purpose of this section, “minimum care” means care sufficient to preserve the health and well-being of an animal and except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:

1. In each period of twenty-four consecutive hours, food of sufficient quantity and quality to allow for normal growth or maintenance of body weight,

2. In each period of twenty-four consecutive hours, open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Neither snow nor ice is an adequate water source,

3. In the case of pet or domestic animals, access to a barn, dog house, or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun, and which has adequate bedding to protect against cold and dampness,

4. In the case of livestock, protection from adverse environmental elements detrimental to the health and well-being of the animal,

5. Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease,

6. Pet or domestic animals shall not be confined to an area without adequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animals to rest. The air temperature in a confinement must be suitable for the animal involved. The confinement area must be kept reasonably clean and free from excess waste or other contaminants which could affect the animal’s health;

D. Tether, confine, or restrain any animal in such a way as to permit said animal to become frequently entangled in such tether, or render said animal incapable of consuming food or water provided for it; while at the same time failing to allow adequate space for freedom of movement necessary when tethered for extended periods of time; said tether to be not shorter than five times the length of the animal, measured from the tip of its nose to the base of its tail; or a minimum of ten feet and of sufficient weight not to put undue drag on the animal; tethering shall not be for more than ten hours within a twenty-four-hour period and should not be used during inclement weather such as snow or freezing rain.

Further, the tether should not be used as a restraint for more than one dog at the same time, nor shall it restrict the dog’s access to adequate shelter and shade, nor render the dog incapable of consuming fresh food and water provided for it and should not give the dog any access to any public right-of-way.

Any tether or fastener, chains, tie or other restraint permissible under this section must be attached to a properly fitted body harness, with enough room between the collar and the dog’s throat through which two fingers may fit. Choke, pinch or prong-type collars may not be used for tethering, fastening, chaining, tying or otherwise restraining a dog.

Nothing in this section shall prevent the tethering or otherwise restraining of a dog pursuant to the requirements of the camping and recreational areas; or the tethering or otherwise restraining of a dog while engaged in, or training for, an activity related to use of the dog as a service dog or by any military or law enforcement agency;

E. Abandon any animal by dropping off or leaving said animal on the street, road, or highway, or in a public place, or the private property of another person, firm, or corporation;

F. Confine an animal within or on a motor vehicle or other enclosure or structure when unattended and under such conditions as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water, and confinement with a vicious animal;

G. Knowingly place food of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domesticated animals or livestock;

H. Knowingly and intentionally, whether for amusement of self or others, or for financial gain, cause any animal to fight or injure any other animal, cause it to be fought or injured by any animal, or train or keep for the purpose of training any animal with the intent that the animal shall be exhibited combatively with any other animal. Anyone who permits such conduct on premises under that person’s control, and any person present as a spectator at that exhibition, shall be considered a violator of this subsection and subject to punishment upon conviction;

I. Transport or confine any living animal on the outside part of a motor vehicle except when attached to or enclosed in the vehicle by a harness, leash, cage or other enclosure which protects the animal from falling or being thrown from the vehicle and which prevents the animal from leaving the vehicle while unattended. The outside part of a motor vehicle includes the running board, fender or hood of any motor vehicle or the flatbed of a truck and/or the open portion (bed) of a pickup truck;

J. Sell or offer for sale or to give away, or display, any living baby rabbits, chicks, ducklings, or other fowl which have been dyed, colored, or otherwise treated so as to have an artificial color;

K. Abandon or transfer to another person by gift, sale, or exchange for any consideration any animal while on public property;

L. Trap any domestic animal with a device other than a humane live animal trap.

Any practice of good animal husbandry is not a violation of this section. “Good animal husbandry” includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry. (Ord. 10-16 § 1, 2010: Ord. 00-013 § 25, 2000)

6.10.280 Duty when striking domestic animal with motor vehicle.

Any person who while operating a motor vehicle strikes a domestic animal shall immediately stop, render reasonable assistance to the animal, and report any injuries to the animal to its owner. If the owner cannot be found, the incident must be reported to the city animal control officer. This section shall not be construed as requiring the person striking the animal to be financially liable for any injury to or death of the animal. (Ord. 00-013 § 26, 2000)

6.10.290 Found domestic animals.

Any person who finds and harbors an animal, subject to licensing pursuant to this chapter shall notify the police department, furnishing a description of the animal. The finder may surrender the animal to the police department or retain its possession, subject to surrender, upon demand of the animal control department. Should any animal violate any provision of this title while retained by the finder, such finder shall be responsible for any penalty assessed hereunder. Records of reported findings shall be retained by the city of Battle Ground or its designee and made available for public inspection. Should the finder retain the animal for a period of thirty days, the finder must then license the animal as a newly acquired animal, unless such animal shall be too young to license, or surrender the animal to the city animal control officer. (Ord. 00-013 § 27, 2000)

6.10.300 Leash laws—Purpose.

Under the authority of Chapter 16.10 RCW and the general police powers of the city’s legislative body, this chapter is intended to further protect the public health, safety, and welfare in regard to the control of dogs. To this end, the purpose of this chapter is to establish mandatory dog leash laws within the city and a means by which said mandatory leash areas may be administered and enforced. (Ord. 00-013 § 28, 2000)

6.10.310 Dog off premises to be on leash.

It is unlawful for the owner or custodian of any dog to cause, permit, or allow such dog to roam, run, stray, or be away from the premises of such owner or custodian and to be on any public place, any public property, or the private property of another within the boundaries of a leash law area as provided for herein unless such dog be controlled by a leash, such control to be exercised by such owner or custodian or other competent and authorized person. Any dog found roaming, running, straying, or being away from the owner’s or custodian’s premises and not on leash as herein provided, is declared to be a nuisance and such dog may be seized and impounded subject to redemption in the manner provided in this chapter. (Ord. 00-013 § 29, 2000)

6.10.320 Enforcement.

A. Any designated animal control officer, code enforcement officer, or law enforcement officer is authorized to take such lawful action, including but not limited to the issuance of criminal citations in accordance with the provisions of this chapter or pursuant to the laws of the state of Washington as they pertain to animal cruelty, shelter, welfare, and control.

B. In addition or as an alternative to any other legal, judicial, or administrative remedy available, enforcement of any section of this chapter may be made pursuant to BGMC Title 20.

C. In addition to each section of this chapter being subject to enforcement pursuant to BGMC Title 20, all of the following violations of this chapter shall be a misdemeanor punishable upon conviction in accordance with the laws of the state of Washington:

1. BGMC 6.10.080 (dangerous dogs);

2. BGMC 6.10.130 (exotic animals);

3. BGMC 6.10.270 (cruelty);

4. BGMC 6.10.320 (failure to comply);

D. No person shall deny, prevent, or obstruct the city of Battle Ground from enforcing any provisions of this chapter.

E. In addition to the foregoing, Chapter 16.08 RCW shall be and is adopted herein by reference. Said statute provides that the owner of a dangerous dog that does not comply with local or state law shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. Said statute further provides that if a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog’s owner is guilty of a Class C felony punishable in accordance with RCW 9A.20.021. The statute further provides that the owner of any dog that aggressively attacks and causes severe injury or death to any human or the dog has previously been declared potentially dangerous shall be guilty of a Class C felony punishable in accordance with RCW 9A.20.021. Said statute further provides that any person entering a dog in a dog fight is guilty of a Class C felony punishable in accordance with RCW 9A.20.021. (Ord. 21-28 § 1, 2021; Ord. 00-013 § 30, 2000)

6.10.350 Impoundment.

The city of Battle Ground and its designee may apprehend any animal found doing or involved in any of the acts defined as a public nuisance and/or being subjected to cruel treatment as defined by law. After such animals are apprehended, the agency involved shall determine whether they are licensed or otherwise identifiable, and, if reasonably possible, return the animal to the owner, together with a notice of violation of the code. If it is not reasonably possible to immediately return the animal to its owner, the agency involved shall notify the owner of the animal within a reasonable time by telephone, mail, direct personal contact, or posting at the residence of owner that the animal has been impounded and may be redeemed at the designated animal holding facility.

Any unlicensed animal impounded pursuant to this chapter shall be held at Humane Society for Southwest Washington in accordance with the most current agreement with the city. Upon release of any animal by redemption, the Society will collect fees as established by the Battle Ground fee schedule. Animals shall be held for at least seventy-two hours commencing with apprehension. For licensed animals, the holding period shall be at least one hundred twenty hours commencing upon notification to the owner of such impoundment. If reasonable attempts have been made by the appropriate authority to notify said owner but without success, the licensed animal shall be held for at least one hundred twenty hours from the time of apprehension. All impound periods shall continue to run during those hours when the designated impound facility is not open for business. Any animal not redeemed by its owner during the prescribed period may be humanely destroyed or placed for adoption to a new owner. Should the original owner wish to redeem an animal that has been held, he or she shall first be required to pay all redemption costs as outlined in this chapter. The use of a payment plan may, at the discretion of the city manager, be used.

Should the original owner wish to redeem an unlicensed dog or cat that has been held, in addition to paying the required redemption costs as established by the Battle Ground fee schedule, he or she shall be required to purchase the appropriate license at the time of redemption. If required rabies or spay/neuter information is lacking, the licensing fee shall be accepted and the application processed in accordance with BGMC 6.10.070.

Should the animal be suffering from serious injury or disease that would endanger the other sheltered animals or cause the animal to endure unnecessary pain and suffering if left untreated for at least twenty-four hours as determined by a licensed veterinarian, or continues to act in a feral manner after a reasonable observation period, the animal control department or its employees or agents may destroy the animal prior to the expiration of the required holding period. Such cases shall be documented on the animal custody report.

No live animals shall be used, sold, or donated for experimental purposes. The owner of any animal impounded pursuant to the provisions of this chapter may recover said animal pursuant to the provisions of BGMC 6.10.370; provided, that redemption may be denied due to an owner who has cruelly treated such animal as defined in BGMC 6.10.270.

Animals delivered for impoundment by a police officer, or code enforcement officer, who recovered such animal from the possession of a person in the custody of the officer shall be held for the period prescribed in this section. An impoundment receipt shall be given to the officer who shall deliver such receipt to the person in custody from whom the animal was taken. The impoundment receipt shall recite redemption requirements and shall serve as the notice to the owner required in this chapter.

The above return and notification requirements shall not apply to any animal that is deemed abandoned under the provisions of Chapter 16.54 RCW. For purposes of this section, such animal shall be deemed to be without owner. (Ord. 21-28 § 1, 2021; Ord. 00-013 § 32, 2000)

6.10.360 Impoundment register.

The impounding authority shall maintain a register of all animals impounded pursuant to this chapter, and such register shall show the identification tag number, if any, species and the breed of the animal, a description of the animal by coloring and marking, the time and date of the animal’s impoundment, the name of the officer impounding the animal, the area in which such animal was picked up, the method and time of notifying the owner, if known, of redemption procedures, and the disposition of the animal and the date and time thereof. (Ord. 00-013 § 33, 2000)

6.10.370 Redemption.

Any animal impounded pursuant to the provisions of this chapter may be redeemed upon payment of the redemption fee as herein provided and upon evidence that the violation has been corrected. The correction of a violation includes, but is not limited to, the licensing of any unlicensed animal required by this chapter to be so licensed. The redemption fee for an animal includes the costs of apprehension and transportation and the costs of impoundment and care of the animal, including veterinary fees. Any license fees or civil penalties due and owing shall be in addition to the redemption fee. The redemption fee shall be established by currently adopted city of Battle Ground fee schedule. (Ord. 21-28 § 1, 2021; Ord. 00-013 § 34, 2000)

6.10.390 Appeals of enforcement actions taken pursuant to BGMC Title 20.

An appeal of any enforcement action of this chapter made pursuant to BGMC Title 20 shall follow the procedures outlined in BGMC 17.200.140. In the event an appellant is unable to afford the cost of the appeal fee as required by BGMC 17.200.140(B)(6), the appellant may request a waiver of the appeal fee as outlined by BGMC 17.200.140(B)(6)(a). (Ord. 21-28 § 1, 2021; Ord. 00-013 § 35, 2000)