Chapter 6.04
DOGS
Sections:
6.04.020 Identification tags--Required.
6.04.030 Identification tags--Fees for purchase.
6.04.040 Identification tags--Form.
6,04.050 Identification tags--Application--Contents.
6.04.060 Identification tag--Replacement--Fee.
6.04.070 Identification tag--Exception to requirement.
6.04.080 Identification tags--Nontransferable.
6.04.100 Declared nuisance under certain circumstances.
6.04.110 Impoundment--Officer designated--Place designated.
6.04.120 Impoundment--Contract with person or firm authorized.
6.04.130 Impoundment--Redemption--Procedure and fees.
6.04.140 Impoundment--Redemption--Destruction--Time limitations.
6.04.150 Impoundment--Notice to owner.
6.04.160 Impoundment--Redemption--Approval of health official required.
6.04.190 Search warrant authorized under certain circumstances.
6.04.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
"At large" means other than under restraint by leash or chain or confined in a manner sufficient to prevent escape, except upon the premises of the owner or the premises of an individual upon whose property the dog is with permission.
"Dog" means any member of the canine family, whether spayed, neutered, or otherwise.
"Owner" means any person having an interest in a dog or any person having possession or control of a dog.
"Stray dog" means any dog found at large without an apparent owner or home. (Ord. 1060 §1, 2005: Ord. 779 §1, 1984: Ord. 494 §1, 1970).
6.04.020 Identification tags--Required.
All dogs within the city shall have identification tags which shall be attached to the animal by a collar or other suitable device. (Ord. 603 §1(a), 1976: Ord. 494 §2(a), 1970).
6.04.030 Identification tags--Fees for purchase.
On and after the effective date of the ordinance codified in this chapter, fees for the purchase of dog tags shall be such amounts as may be from time-to-time established by written resolution of the city council. (Ord. 890 §1, 1992: Ord. 829 §1, 1987: Ord. 603 §1(b), 1976: Ord. 494 §2(b), 1970).
6.04.040 Identification tags--Form.
The form of the tag shall be as determined necessary and appropriate by the chief of police, provided that tags shall be numbered serially so that the identification of the owner can be made through tag records. (Ord. 1060 §2, 2005: Ord. 603 §1(c), 1976: Ord. 494 §2(c), 1970).
6.04.050 Identification tags--Application--Contents.
Application for dog identification tags shall contain a general description of the dog, as to species, age, and color, and the name and address of the owner or other person in possession or control. (Ord. 603 §1(d), 1976: Ord. 494 §2(d), 1970).
6.04.060 Identification tag--Replacement--Fee.
On satisfactory evidence that a tag has been lost or destroyed, the chief of police shall issue a replacement tag for a charge established by action of the city council. (Ord. 1060 §3, 2005: Ord. 603 §1(e), 1976: Ord. 494 §2(e), 1970).
6.04.070 Identification tag--Exception to requirement.
No identification tag shall be required for any pup born to any female dog which properly and lawfully has an identification tag as provided in this chapter until the sixty-first day following the birth of such pup; provided that nothing herein contained shall prevent the owner from applying for, and the city clerk-treasurer issuing, a tag for such pup prior to the sixty-first day. (Ord. 494 §9, 1970).
6.04.080 Identification tags--Nontransferable.
The identification tags provided for by this chapter are not transferable from one dog to another, and it is unlawful to attach an identification tag to a dog other than the dog for which such tag was issued. (Ord. 494 §10, 1970).
6.04.090 Running at large--Tampering with tag--Maintaining dog which is a public nuisance--Prohibited.
No person having the ownership, possession or control of a dog shall permit that dog to run at large, nor shall any person remove or tamper with the identification tag on any dog, except for temporary removal by the owner or person responsible for the dog for the purpose of care and maintenance of the dog, nor shall any person own or possess a dog which is a public nuisance as defined by Section 6.04.100 of this chapter. In any prosecution charging a violation of this section, proof that the dog is found at large shall be prima facie evidence that the owner permitted the same to be at large; provided that this presumption is rebuttable. (Ord. 603 §2, 1976: Ord. 494 §3, 1970).
6.04.100 Declared nuisance under certain circumstances.
Any person who harbors, keeps, possesses, maintains, or has temporary custody of a dog shall be responsible for the behavior of such animal whether the owner knowingly permits the behavior or not. Such person shall violate the terms of this chapter if, in each of the following instances any of the following situations occur. In addition to charging the responsible person, the dog involved shall be declared to be a public nuisance, and may be impounded by any officer and held in accordance with the further provisions of this code:
A. Any dog at large within the town;
B. Any dog which by habit, or frequent howls, barks, or other loud noises, unreasonably annoys or disturbs individuals residing within two or more households in the immediate neighborhood or one or more individuals within a household in the immediate neighborhood and exhibits the forbidden behavior in the presence of an officer;
C. Any dog which snarls, growls or otherwise menaces, bites, or comes, in such a manner as to cause the person to reasonably have concern for that person’s safety, into contact with any person lawfully on any public street, alley or sidewalk or in or upon any public park, playground, or facility, other than the person or persons in possession of such dog;
D. Any dog which there is reasonable cause to believe may be infected with rabies and which is not already confined under quarantine;
E. Any dog which has bitten any person and which has not been tested by a health officer or other qualified person for rabies;
F. Any dog which has been bitten by a rabid animal and which has not been destroyed or, at the owner’s option, given Pasteur treatment and quarantined at the owner’s expense;
G. Any stray dog;
H. Any dog, the keeping, possession or ownership of which is in violation of any of the provisions of this code;
I. Any dog which does not have a valid identification tag attached to it, as provided in this chapter;
J. Failure to possess removal equipment or to remove fecal material shall be committed if the person (1) fails to possess in a public park the equipment or material necessary to remove animal fecal matter when accompanying a pet animal, or (2) fails to remove animal fecal material when accompanying a pet animal off the owner’s property.
Any person who owns or is in charge of any dog under conditions or the actions of which are in violation of subsections A, B, C, E, H, I or J of this section shall be deemed to have violated this section. (Ord. 1060 §4, 2005: Ord. 494 §4, 1970).
6.04.110 Impoundment--Officer designated--Place designated.
A. Dogs which are in violation of the provisions of the municipal code may be impounded by the police department of the city or by such other persons or agencies as may be employed by the city for that purpose.
B. Impounded dogs shall be held at such places as the chief of police shall direct under the provisions of Section 6.04.120 of this chapter. (Ord. 1060 §5, 2005: Ord. 603 §3(a), (b), 1976: Ord. 494 §5(a), (b), 1970).
6.04.120 Impoundment--Contract with person or firm authorized.
Upon approval of the city council, the mayor and chief of police are authorized to enter into a written contract with any person or firm deemed to be suitably equipped to handle the impoundment, care and destruction of dogs. Such agreement shall provide that an impounded dog shall be held in accordance with the terms of this chapter, and shall establish the rate to be charged for such service. (Ord. 1060 §6, 2005: Ord. 603 §3(c), 1976: Ord. 494 §5(c), 1970).
6.04.130 Impoundment--Redemption--Procedure and fees.
A. Subject to the limitations stated in this chapter or other provisions of this code relating to specific classifications of dogs, the owner of an impounded dog may redeem such dog within forty-eight hours from the time of impoundment, or thereafter if the dog has not been destroyed or redeemed by another, by payment of all charges incurred for such animal at the place of impoundment as such charges are established by the agreement with the impounding agency.
B. In addition to any other amounts required to be paid, the owner shall pay such additional charges, including but not limited to a release charge as that charge may be from time-to-time established by resolution, kennel charges, veterinary and medicine charges, all as may have been incurred by the city for the care of the animal during the period of time that the animal has been in the custody of the city. Such release charge shall be paid at the office of the chief of police during office hours, or paid to the chief of police or other authorized representative of the city outside of the office hours of the chief of police. The person receiving such release charge shall give a signed written receipt therefor.
C. No dog shall be released from impoundment unless it first has an identification tag issued by the city attached to it. (Ord. 1060 §7, 2005: Ord. 976 §1, 1997: Ord. 603 §3(d), 1976: Ord. 494 §5(d), 1970).
6.04.140 Impoundment--Redemption--Destruction--Time limitations.
Subject to the limitations stated in this chapter or any other provision of this code, any person may redeem an animal by payment of the charges incurred after the impounded dog has been held more than forty-eight hours. Upon written authorization of the chief of police or his or her designee, the impounding agency is authorized to destroy or otherwise dispose of any animal after it has been held more than ninety-six hours. (Ord. 1060 §8, 2005: Ord. 603 §3(e), 1976: Ord. 494 §5(e), 1970).
6.04.150 Impoundment--Notice to owner.
When a dog has been impounded, the police department of the city shall, as soon as possible, make a reasonable effort to notify the owner or custodian of the dog. (Ord. 1060 §9, 2005: Ord. 603 §3(f), 1976: Ord. 494 §5(f), 1970).
6.04.160 Impoundment--Redemption--Approval of health officials required.
Notwithstanding the provisions of Section 6.04.130, no dog impounded for the reasons set forth in Section 6.04.100(E), (F), and (G) of this chapter shall be released or redeemed except under conditions meeting the approval of the proper health officials. (Ord. 1060 §10, 2005: Ord. 603 §3(g), 1976: Ord. 494 §5(g), 1970).
6.04.180 Enforcement.
This chapter shall be enforced by a police officer of or other individual authorized to do so by the city, provided that the judge of the municipal court may issue a complaint or notice of infraction on the filing of a sworn complaint by any person if the judge finds reasonable cause exists to do so. The prohibitive provisions of this chapter shall not apply to any officer attempting to enforce any of the terms of this chapter. (Ord. 1060 §11, 2005: Ord. 494 §7, 1970).
6.04.190 Search warrant authorized under certain circumstances.
On a sworn complaint being filed by any officer that complainant believes or has reasonable cause to believe that any provision of this chapter is being violated in any particular house or building within the town limits, the police judge, if satisfied that there is reasonable cause for such belief, may issue a search warrant authorizing any officer of the town to search the house or building at any hour or at any time the police judge shall determine. (Ord. 494 §6, 1970).
6.04.200 Violation--Penalty.
Any person violating any of the terms of this chapter shall be subject to the following penalty or punishment upon a finding committed or guilty as to such violation, unless a different penalty or punishment is set by the particular section:
A. Upon a finding of the first, second, or third such violation in any twelve-month period, shall be found to have committed a Class 1 civil infraction, as articulated in Chapter 7.80 RCW, and shall be subject to a penalty assessment or punishment as follows:
1. Upon the first finding of a violation of a section of these chapters, a penalty assessment of up to fifty dollars.
2. Upon a second finding of commission of a violation of a section of these chapters within a period of one year from the date of the last such finding, a penalty assessment of up to two hundred fifty dollars.
3. Upon a third finding that a person has committed a violation of a section of these chapters within a period of one year from the date of the last such finding, then a minimum penalty assessment of five hundred dollars, including any statutorily required assessments, shall be imposed; none of which shall be suspended or deferred.
B. Upon a finding of a fourth violation of a section of these chapters within a period of one year from the date of the last such finding, that person shall be found to have committed a misdemeanor and shall be subject to a maximum punishment of thirty days in jail and a fine of up to one thousand dollars, or both. (Ord. 1060 §12, 2005: Ord. 770 §2, 1984: Ord. 603 §4, 1976: Ord. 494 §8, 1970).