Chapter 6.05
ANIMAL CONTROL

Sections:

6.05.010    Definitions.

6.05.020    Enforcement.

6.05.030    Animal licenses.

6.05.040    Dangerous animals.

6.05.050    Excess pet licenses.

6.05.060    Fees.

6.05.070    Failure to obtain, display or produce registration or license.

6.05.080    Removing identification.

6.05.090    Transfer of animal ownership.

6.05.100    Rabies control.

6.05.110    Sale of sick or vicious animals.

6.05.120    Cruelty to animals prohibited.

6.05.130    Sanitation and disease control.

6.05.140    Offenses relating to control.

6.05.150    Dangerous animal and potentially dangerous dogs – License required.

6.05.160    Restraint of dangerous animals and potentially dangerous dogs.

6.05.170    Detention of dangerous animals and potentially dangerous dogs.

6.05.180    Appeal of animal control authority determinations.

6.05.190    Animal control facility.

6.05.200    Detention and disposal.

6.05.210    Adoption.

6.05.220    Classification of offenses.

6.05.230    Notice of violations.

6.05.240    Penalties.

6.05.250    Administration.

6.05.260    Nonliability.

6.05.270    Severability.

6.05.010 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.

“Animal” means all vertebrates except Homo sapiens.

“Animal control authority” means the agency with whom the city has contracted to have exclusive authority to enforce this chapter.

“Animal control facility” means a facility used for lodging and disposing of animals detained pursuant to this chapter.

“Animal control officer” means an employee of the animal control authority appointed and commissioned to enforce the provisions of this chapter.

“City” means the city of Chelan, Washington.

“Court” means the Chelan County district court.

“Dangerous animal” means any animal that, as determined by the animal control authority: (a) inflicts severe injury to a human being without provocation on public or private property; (b) kills a domestic animal without provocation while off the owner’s property; (c) aggressively bites, attacks or threatens the life or safety of humans or domestic animals after having been previously found to be a potentially dangerous animal; or (d) is a lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, cougar, lynx, bobcat, and any hybrid thereof or any similar feline animal, bear, hyena, wolf, coyote, wolf‑dog or coyote‑dog hybrid, any member of the crocodilian family, poisonous reptile, or any life‑threatening reptile, or any other animal which is of feral nature.

“Director” shall mean the chief executive officer of the animal control authority, or their designee.

“Detain” or “detention” means to apprehend and/or keep an animal in the custody of the animal control authority.

“Domestic animal” means any animal which has been domesticated by man so as to live and breed in a tame condition.

“Electronic identification” means an encrypted micro‑chip electronic implant approved by the animal control authority and which may be electronically scanned.

“Harbor” means to own, possess, control or shelter an animal for more than twenty‑four hours.

“Health district” means the Chelan‑Douglas health district.

“Holding period” means seventy‑two hours, commencing at one a.m. following the date of detention of an animal, excluding any day the animal control facility is not open to the public.

“Owner” means any person, firm, organization or department having title to or property rights in an animal, or who harbors, possesses, controls or keeps an animal, or who knowingly permits an animal to remain on or about his or her property.

“Potentially dangerous dog” means any dog that, as determined by the animal control authority, when unprovoked: (a) inflicts bites on a human or a domestic animal 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 (c) has a known propensity, tendency or disposition to attack without provocation, or to cause injury or otherwise threaten the life or safety of humans or domestic animals.

“Secure enclosure” means confinement indoors or in a securely enclosed and locked pen or structure, including a dwelling or building, which prevents the entry of children and prevents the confined animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements.

“Trespass” means entry upon the property of a person not the owner of the animal without such person’s permission. (Ord. 1289 § 5 (part), 2004).

6.05.020 Enforcement.

The animal control authority shall have the exclusive authority to enforce the provisions of this chapter. (Ord. 1289 § 5 (part), 2004).

6.05.030 Animal licenses.

A. An owner shall obtain a license for the following animals from the animal control authority annually on or before March 1st of each year: all dogs and cats that are four months of age or older within the city, dangerous animals and potentially dangerous dogs. Any other animal may, at the owner’s option, be licensed with the animal control authority.

B. A license for an animal is not transferable.

C. Application for licenses shall be made on forms approved by the animal control authority and shall be accompanied by applicable fees and all other information required by the animal control authority.

D. The license shall be in the name of the owner and shall be numbered. Effective licensing shall be evidenced by implanted electronic identification or by an identification tag. The identification tag shall be inscribed with “City of Chelan,” a number corresponding to the registration, and the registration expiration date. (Ord. 1289 § 5 (part), 2004).

6.05.040 Dangerous animals.

It is unlawful for any person to procure or keep a dangerous animal without the prior approval of the director, granted following a hearing to determine that the dangerous animal will be adequately controlled to protect the health and safety of humans and of other animals; provided, this prohibition shall not apply to any facilities processing or maintaining dangerous animals which are owned, operated or maintained by any city, county or state or federal agency, nor to a properly licensed veterinary hospital where a dangerous animal may be confined temporarily for treatment. The director may authorize a special permit not to exceed thirty days for the keeping of a dangerous animal for shows or special exhibits. (Ord. 1289 § 5 (part), 2004).

6.05.050 Excess pet licenses.

No person shall maintain more than three dogs and more than three cats that are over four months of age on any premises in the city without having an excess pet license for each of the premises at which the animals are kept. The director shall issue an excess pet license only after it has been determined that the proposed use is consistent with the city zoning code. (Ord. 1289 § 5 (part), 2004).

6.05.060 Fees.

A. The fees for obtaining any license required by this chapter are as follows:

1. Dogs: altered, ten dollars; unaltered, thirty dollars annual;

2. Cats: altered, five dollars; unaltered, fifteen dollars annual;

3. Late fee renewal, or failure to purchase a dog or cat license more than three days after its expiration will be ten dollars;

4. Owners who are sixty-two years of age, or who are disabled, will pay fifty percent of fees otherwise payable;

5. The annual fee for each excess pet license shall be twenty-five dollars;

6. The annual fee for each dangerous animal license, including for shows and special exhibits, shall be seventy-five dollars;

7. The annual fee for each potentially dangerous dog registration shall be seventy-five dollars.

B. The animal control authority is authorized to impose fees based upon actual cost and related indirect costs as and for: detention fees, daily boarding fees, adoption fees, vaccination fees, lost identification tag replacement fees. (Ord. 1289 § 5 (part), 2004).

6.05.070 Failure to obtain, display or produce license.

It is unlawful for the owner to:

A. Fail to obtain any license required by this chapter.

B. Fail to display an identification tag or maintain electronic identification on the animal.

C. Fail to produce the animal’s license upon the request of any animal control officer or law enforcement officer. (Ord. 1289 § 5 (part), 2004).

6.05.080 Removing identification.

It is unlawful for any person to:

A. Remove an identification tag or electronic identification from an animal, or to obliterate an identification tattoo, unless being an owner.

B. Transfer an identification tag or electronic identification from one animal to another. (Ord. 1289 § 5 (part), 2004).

6.05.090 Transfer of animal ownership.

Upon the sale or other transfer of ownership of any animal licensed under this chapter, the new owner shall report the sale or transfer to the animal control authority within five days. (Ord. 1289 § 5 (part), 2004).

6.05.100 Rabies control.

A. All dogs and cats over the age of six months or with a full set of canine teeth shall have an initial rabies vaccination and re-vaccinations administered by a licensed veterinarian. Any dog adopted from the animal control facility shall be vaccinated within thirty days of adoption. A veterinarian shall determine, before administering any rabies inoculation, whether the dog is under quarantine or has inflicted a bite on any person within the last ten days. An owner or custodian shall have their dog inoculated against rabies within thirty days after having moved into the city. All dogs shall be re-vaccinated within not more than three years after the last rabies vaccination or as may be more often recommended by the vaccination manufacturer.

B. Any animal that has bitten any person shall be immediately detained and quarantined by the animal control authority for a period of ten days. A detained animal shall be released only upon the direction of the animal control authority.

C. It is unlawful for the owner of any animal that has bitten any person to destroy such animal before the animal can be properly detained and quarantined by the animal control authority. The detention and quarantine shall be at the sole expense of the owner or custodian. The owner or custodian of any animal that has been reported as having inflicted a bite on any person shall, on demand of the animal control authority, produce such animal for detention and quarantine. If the owner or custodian refuses to produce such animal, the owner or custodian shall be subject to immediate arrest by a law enforcement officer if probable cause exists to believe that the animal has inflicted a bite upon any person, that the owner or custodian is harboring the animal, and the owner or custodian willfully refuses to produce the animal upon demand. An arrested owner or custodian shall be taken before a judge of the court, who may order immediate production of the animal. If the owner or custodian continues to willfully refuse to produce the animal, the court may imprison the owner or custodian for contempt of court and until the owner or custodian complies with the order of the court.

D. When an animal under quarantine has been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the health district and advise of any reports of human contact with such rabid animal. If any animal under quarantine dies, the animal control authority shall immediately take action to obtain a pathological and inoculation examination of the animal and, if found to be rabid, shall notify the health district of any reports of human contact with the animal.

E. Any veterinarian who diagnoses rabies in any animal shall report such fact to the animal control authority.

F. Any animal which has not been inoculated against rabies and is known to have been bitten by a rabid animal shall be humanely destroyed immediately.

G. In case of an outbreak of rabies constituting an emergency, the board of county commissioners is authorized to impose strict regulations pertaining to animals within the city limits. (Ord. 1289 § 5 (part), 2004).

6.05.110 Sale of sick or vicious animals.

For the purpose of consumer protection, it is unlawful to:

A. Sell any animal known to be sick or injured unless the buyer is given, at the time of sale, written notice of the condition of the animal.

B. Sell any animal known to be vicious. (Ord. 1289 § 5 (part), 2004).

6.05.120 Cruelty to animals prohibited.

It is unlawful for any person to:

A. Under circumstances not amounting to animal cruelty in the first degree pursuant to RCW 16.52.205(1), injure, kill or physically mistreat any animal, except as is specifically permitted by law.

B. Lay out, expose or leave exposed any kind of poison or poisoned food or drink where accessible to an animal, or place such poisonous materials in a stream or other body of water endangering fish or shellfish; provided, that the reasonable use of rodent poison, insecticides, fungicides or slug bait for their intended purposes is not prohibited; provided further, that nothing in this subsection shall prohibit any government agency acting in the course of its governmental duties from performing any act allowed by law.

C. Set or bait any trap without a valid permit issued by the animal control authority or the state; provided, that no permit is required to trap rats, mice or raccoons.

D. Confine any animal in any box, container or vehicle without providing adequate ventilation.

E. Tease, tantalize or provoke any animal with the intent to cause fear, anger or injury to the animal.

F. Tether or confine any animal in such a manner or in such a place as to cause injury or pain to an animal, or to endanger an animal, or that is injurious to the animal due to inadequate protection from heat or cold, or that is of insufficient size to permit the animal to move about freely.

G. Keep an animal in unsanitary conditions or fail to provide sufficient food, water, shelter or ventilation necessary for the good health of that animal.

H. Fail to provide an animal with the medical care necessary for its health or to alleviate its pain.

I. Permit any animal to fight or injure another animal, or permit any animal to be fought with or injured by any other animal, or to train or keep for the purposes of training any animal for the exhibition of such animal in combat with any other animal whether for amusement or for financial gain, or permit any such conduct on premises under his or her control or to be present as a spectator at such exhibitions. (Ord. 1289 § 5 (part), 2004).

6.05.130 Sanitation and disease control.

It is unlawful for an owner to:

A. Allow the accumulation of cat or dog feces in any open area, run, cage or yard, where confined and fail to remove or dispose of feces at least once every twenty‑four hours.

B. Fail to maintain property utilized for domestic livestock or poultry in a clean, sanitary condition so as to be free of offensive odors, fly breeding, dust and general nuisances.

C. Fail to immediately remove from public property feces deposited by their animal.

D. Fail to have in their possession the equipment necessary to remove their animal’s feces from public property or a public easement when accompanied by their animal.

E. Have possession or control of any animal sick or afflicted with any infectious or contagious disease and fail to provide treatment of such infection or disease, or to allow or permit such diseased or infected animal to run at large or come in contact with other animals or human beings or drink at any public or common watering trough or stream accessible to other animals. (Ord. 1289 § 5 (part), 2004).

6.05.140 Offenses relating to control.

It is unlawful:

A. To permit any domestic animal, except birds or altered cats, to be at large unless restrained by a leash or chain and in the physical control of a responsible person;

B. To permit any dog to enter any public fountain or school ground;

C. To fail to confine any dog or cat in heat (estrus) in a building or secure enclosure so that the female dog or cat cannot come in contact with a male of the same species, except for planned breeding;

D. To permit any animal to:

1. Damage public property or the private property of another, or

2. Habitually bark, whine or howl, or

3. Spread or spill garbage;

E. To permit any animal to trespass;

F. To harbor or possess any animal without the permission of the owner, unless the animal control authority is notified within twenty‑four hours of acquiring possession of such animal, or to fail to surrender such animal to the animal control authority upon demand;

G. To tether an animal in a manner which allows the animal to enter any sidewalk, street, alley or other place open to the public or to trespass; or

H. To own or keep any livestock/poultry/farm animals within the city, which includes but may not be limited to horses, ponies, mules, cows, sheep, goats, chickens, ducks, geese, rabbits, or swine. (Ord. 1289 § 5 (part), 2004).

6.05.150 Dangerous animals and potentially dangerous dogs – License required.

A. It is unlawful for any person to have a dangerous animal or potentially dangerous dog within the city without first obtaining a license issued under this chapter. This prohibition shall not apply to any police dog as defined in RCW 4.24.410, to any facility processing or maintaining animals and which is owned, operated or maintained by any city, county, state or federal agency, nor to any licensed veterinary hospital in which an animal may be temporarily confined for treatment. The animal control authority may issue a special permit, not to exceed thirty days’ duration, for the keeping of a dangerous animal for shows or special exhibits.

B. A license to have a dangerous animal shall be issued by the animal control authority only upon receiving sufficient evidence that:

1. There is a secure enclosure to confine the dangerous animal which, during any absence of the owner or keeper, will safely confine the dangerous animal;

2. The premises are posted with clearly visible warning signs stating that a dangerous animal is on the premises and which display a conspicuous symbol informing and warning children of the presence of a dangerous animal;

3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW and in a form acceptable to the animal control authority in the sum of at least fifty thousand dollars, conditioned upon payment of damages to any person injured by the dangerous animal; or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount of at least fifty thousand dollars which specifically provides coverage for any and all personal injuries inflicted by the dangerous animal.

C. A license to harbor a potentially dangerous dog shall be issued by the animal control authority only upon receiving sufficient evidence that:

1. There is a secure enclosure on the premises which, during any absence of the owner or keeper, will safely confine the potentially dangerous dog;

2. The premises are posted with clearly visible warning signs stating that a potentially dangerous dog is on the premises and which display a conspicuous symbol informing and warning children of the presence of a potentially dangerous dog. (Ord. 1289 § 5 (part), 2004).

6.05.160 Restraint of dangerous animals and potentially dangerous dogs.

It is unlawful:

A. For a dangerous animal to be outside a secure enclosure unless the dangerous animal is muzzled, restrained by a substantial chain or leash, and under the physical control of a responsible person. The muzzle shall be made and worn in a manner that shall prevent the dangerous animal from biting;

B. For a potentially dangerous dog to be outside a secure enclosure unless the potentially dangerous dog is restrained by a substantial chain or leash and under the physical control of a responsible person. (Ord. 1289 § 5 (part), 2004).

6.05.170 Detention of dangerous animals and potentially dangerous dogs.

A dangerous animal or potentially dangerous dog may be immediately detained by an animal control officer if:

A. No license has been issued for the dangerous animal or potentially dangerous dog;

B. The owner has failed to comply with any condition of a license for the dangerous animal or potentially dangerous dog;

C. The dangerous animal or potentially dangerous dog is outside a secure enclosure without the restraints required by Section 6.05.180;

D. The insurance policy or surety bond required by the license is canceled, expired or lapsed. (Ord. 1289 § 5 (part), 2004).

6.05.180 Appeal of animal control authority determinations.

A. A person may appeal the determination of the animal control authority that an animal is a dangerous animal or is a potentially dangerous dog to the court, by filing an appeal within fourteen days of such determination. Such person shall have the burden of proving that the determination of the animal control authority is arbitrary and capricious.

B. An owner may prevent destruction or adoption of a dangerous animal or potentially dangerous dog by petitioning the court for the return of the animal.

1. Such petition shall be filed within fourteen days of the initial detention and shall be accompanied with a bond or security in favor of the animal control authority in an amount sufficient to provide for the animal’s detention and care for not less than forty‑five days from the date of initial detention, which bond shall be forfeited in favor of the animal control authority if the court does not order the animal be returned to the owner;

2. After a hearing, the court may determine the dangerous animal or potentially dangerous dog may be returned to the owner upon the following:

a. The owner complies with the provisions of obtaining a license;

b. The court finds the owner will comply with such conditions as the court finds necessary to safeguard the public from bodily harm and property damage;

c. The owner pays the cost of the detention and care of the animal. (Ord. 1289 § 5 (part), 2004).

6.05.190 Animal control facility.

The animal control officer shall, upon detaining any animal, make a complete registry thereof, entering the species, breed, color, sex, the time and place of impoundment, registration number, and, if registered, the name and address of the owner. No animal detained at the animal control facility shall be used, sold, loaned or given away for medical or research purposes, whether the animal is dead or alive. (Ord. 1289 § 5 (part), 2004).

6.05.200 Detention and disposal.

A. The animal control authority shall detain any animal found to be in violation of this chapter, abandoned or voluntarily surrendered to the animal control authority. The detained animal shall be held at the animal control facility or other place determined by the animal control authority to be appropriate for the animal.

B. The animal control authority shall attempt to determine the identity of the owner of a detained animal. If the detained animal is registered or when the identity of the animal’s owner is known, then the owner shall be notified that the animal is detained and that the animal may be claimed upon payment of all applicable fees. Notice shall be by telephone, if possible, and in writing sent to the owner’s address.

C. Anyone claiming a detained animal must prove ownership to the satisfaction of the animal control authority and pay all applicable detention, boarding, registration and vaccination fees in order to claim the animal.

D. Any detained animal not claimed by the owner within the holding period and any animal voluntarily surrendered to the animal control authority shall become the property of the animal control authority, who may then dispose of the animal in a humane manner or may, in its sole discretion, hold the animal for a reasonable time to offer the animal for adoption.

E. Injured, diseased or feral animals need not be detained for the holding period and may be disposed of in a humane manner at any time at the sole discretion of the animal control authority.

F. The health district may order the detention of any animal suspected of having rabies. The animal shall be held until release is directed by the health district and all applicable fees are paid. The animal shall be disposed of in a humane manner on the order of the health district. (Ord. 1289 § 5 (part), 2004).

6.05.210 Adoption.

A. No warranty of merchantability, warranty of fitness for a particular use or purpose, or warranty as to any condition or health of the animal, either express or implied, shall be made with respect to any animal adopted from the animal control authority.

B. All dogs and cats that are adopted through the animal control authority shall be registered by electronic identification and shall be vaccinated by the adopting owner within thirty days after adoption. (Ord. 1289 § 5 (part), 2004).

6.05.220 Classification of offenses.

All violations of this chapter shall be deemed to have been committed by the owner.

A. Unless otherwise expressly stated, the violation of any provision of this chapter shall constitute an infraction.

B. The violation of the following sections shall constitute a misdemeanor:

1. Section 6.05.120, Cruelty to animals prohibited;

2. Section 6.05.160, Restraint of dangerous animals and potentially dangerous dogs; and

3. The third violation constituting an infraction within any twelve-month period. (Ord. 1289 § 5 (part), 2004).

6.05.230 Notice of violations.

When an animal control officer or law enforcement officer determines a violation of this chapter has occurred, they shall issue such notices to the owner, reputed owner or other person believed to have committed the violation, in the form and according to the rules governing the administration of infractions and misdemeanors within the court. (Ord. 1289 § 5 (part), 2004).

6.05.240 Penalties.

A. Infractions. Violations of this chapter which constitute infractions shall be subject to the following civil penalties, plus those amounts a court is required to assess as costs: seventy‑six dollars for the first offense within twelve months; one hundred fourteen dollars for the second offense within twelve months; and two hundred fifty dollars for the third or subsequent offense within twelve months.

B. Misdemeanors. Violations of this chapter which constitute misdemeanors are punishable by imprisonment for a maximum term of not more than ninety days, or by a fine of not more than one thousand dollars (plus those amounts a court is required to assess as costs), or both. 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.

C. Restitution. In addition to other penalties imposed by this chapter, the court shall determine damages suffered by any victim as a result of the violation of this chapter, and shall order the payment of said restitution.

D. Injunction. Nothing in this chapter shall prevent the city or the animal control authority from obtaining an injunction restraining a continuing violation of this chapter. (Ord. 1289 § 5 (part), 2004).

6.05.250 Administration.

The animal control authority may develop such administrative regulations that are not inconsistent with the provisions of this chapter that it deems necessary to implement the provisions of this chapter. (Ord. 1289 § 5 (part), 2004).

6.05.260 Nonliability.

Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or the animal control authority, or their respective officers, employees or agents, for any injury or damage resulting from the failure of any person to comply with the terms of this chapter, or by reason or in consequence of any omission in connection with the implementation or enforcement of this chapter on the part of the city or the animal control authority and its officers, employees or agents. (Ord. 1289 § 5 (part), 2004).

6.05.270 Severability.

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid, such invalidity shall not affect the remaining portions of this chapter. (Ord. 1289 § 5 (part), 2004).