Chapter 6.12
ANIMAL REGULATIONS
Sections:
6.12.020 Number of dogs and cats permitted.
6.12.070 Confinement of animals in heat.
6.12.080 Cleaning up after animals.
6.12.090 Mistreatment or permitting fights prohibited.
6.12.100 Abandonment prohibited.
6.12.110 Circuses and animal exhibitions.
6.12.130 Confinement in vehicle.
6.12.140 Provision of adequate food, water and shelter.
6.12.150 Hitting animal with vehicle – Report required.
6.12.010 Finding of animals.
A. Any person who finds and harbors a dog, cat, livestock or small animal or fowl without knowing the animal owner’s identity, shall notify the city police department and furnish a description of the animal. The finder may surrender the animal to the animal control authority or retain its possession, subject to demand of the animal control authority. Records of reported findings shall be retained by the police department and made available for public inspection.
B. Any finder wishing to retain permanent possession of the animal, in addition to reporting as provided in this section, shall within fifteen days of the finding cause to be published in any newspaper of general circulation once each week for two consecutive weeks notice of the finding with a description of the animal. If, within thirty days of the finding report made to the department, no person makes claim upon the finder for return of the animal, the finder who retains possession shall obtain a license as required by this chapter and thus become a legal owner. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016)
6.12.020 Number of dogs and cats permitted.
It is unlawful to keep on any lot in the city, more than three cats or three dogs or a combination up to five not to exceed three dogs, that are over six months of age, except as allowed with a conditional use permit and upon payment of the annual kennel license fee. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016)
6.12.030 Run at large.
It shall be unlawful for any person to permit an animal to:
A. Run at large.
B. Be unattended in a public space.
C. Trespass upon the property of another in such a manner as to be a nuisance. (Ord. 473 § 2 (Exh. B), 2021)
6.12.040 Exotic animals.
It is unlawful for an owner of an exotic animal to not have such animal contained within a fence, cage, or other enclosure sufficient to securely confine the animal consistent with the age, size and species of the animal. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.030)
6.12.050 Wild animals.
It is unlawful for any person to own any wild animal unless the person has obtained a permit from the State Game Department and/or U.S. Fish and Wildlife Service; provided, that the animal control authority may allow a person to temporarily care for an infant or injured wild animal native to the area which is homeless while the person acquires the necessary state and/or federal permits. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.040)
6.12.060 Guard dogs.
A. It is unlawful for any person to keep a guard dog not securely contained within a building, on a leash under the control of a person, or securely enclosed within a six-foot solid or chain-link fence of sufficient height to prevent the dog from escaping from the enclosure.
B. The owner shall restrain the guard dog in such a manner that the dog is unable to reach those persons using the normal ingress and egress to and from the property.
C. The owner shall post signs in two conspicuous places on the property warning that a guard dog is on the premises.
D. The owner must indicate at the time of obtaining a dog license that the dog is a guard dog. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.050)
6.12.070 Confinement of animals in heat.
An owner shall confine the owner’s female dog or cat, while in heat, in a building or secure enclosure in such a manner that the female dog or cat cannot come into contact with another animal except for planned breeding. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.060)
6.12.080 Cleaning up after animals.
It is unlawful for a person to leave any offal or manure deposited by an animal under that person’s care or control upon any public place or private property not owned by such person, unless that person takes immediate steps to remove and properly dispose of any offal or manure so deposited. Proper disposal means the removal of the offal or manure by means of a bag, scoop or other device and an eventual disposal in a trash receptacle, by burying or by other means of lawful disposal. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.070)
6.12.090 Mistreatment or permitting fights prohibited.
It is unlawful for any person to beat, treat cruelly, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals and animals or between animals and humans. It is unlawful for any person to be present at such exhibitions as a spectator or to permit such conduct on premises under the person’s control. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.080)
6.12.100 Abandonment prohibited.
It is unlawful for an owner to abandon an animal or leave an animal unattended for more than twenty-four consecutive hours without adequate care. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.090)
6.12.110 Circuses and animal exhibitions.
No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemicals and/or mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.100)
6.12.120 Poisoning.
A. It is unlawful for any person to lay out, expose, or give to any animal at any place within the city of Brier any kind of poison, or any substance or fluid whatsoever, that has been laced with a poisonous or deadly substance.
B. Subsection A of this section shall not apply to the reasonable use of rodent or pest poison, insecticides, fungicides, or slug bait for their intended purposes. As used in this section, the term “rodent” includes but is not limited to Columbia ground squirrels, other ground squirrels, rats, mice, gophers, rabbits, and any other rodent designated as injurious to the agriculture. “Pest” means, but is not limited to, any insect, rodent, nematode, snail, slug, weed, and any form of plant or animal life or virus, except virus, bacteria, or other microorganisms on or in a living person or other animal or in or on processed food or beverages or pharmaceuticals, which is normally considered to be a pest, or which the director of the Washington State Department of Agriculture may declare to be a pest. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.110)
6.12.130 Confinement in vehicle.
It is unlawful for any person to confine an animal within or on a motor vehicle at any location under such conditions that may endanger the health or well-being of the animal, including but not limited to extreme temperatures, lack of food, water, or attention, or confinement with a dangerous animal. The animal control authority, any animal control officer or any police officer are authorized to remove any animal so confined from a motor vehicle, at any location. Notice of impoundment in accordance with BMC 6.32.050 shall be left in a conspicuous, secure location on or within the vehicle. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.120)
6.12.140 Provision of adequate food, water and shelter.
It is unlawful for any owner not to provide to any animal which they own sufficiently good and wholesome food, water, proper shelter from the weather, veterinary care, when needed to prevent suffering, and humane care and treatment. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.130)
6.12.150 Hitting animal with vehicle – Report required.
Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal’s owner. In the event that the owner cannot be ascertained and located, such person shall at once report such incident to the police by calling 911 and provide their name, address, phone number and license of their motor vehicle. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.140)
6.12.160 Violation – Penalty.
Any owner, responsible person, firm, corporation or agent which violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this chapter shall constitute a nontraffic civil infraction as provided for in BMC 1.28.030 and shall be punished in accordance with the current general fine and penalty provisions for a Class B infraction; provided, however, any violator who fails to abate any violation after being served with a Class B infraction shall then be issued a separate Class C infraction. A person who fails to respond to either infraction shall be guilty of a misdemeanor and shall be subject to the general fines and penalties established under Chapter 1.28 BMC. (Ord. 473 § 2 (Exh. B), 2021; Ord. 433 § 1 (Exh. A) (part), 2016. Formerly 6.12.150)