Chapter 6.12
NUISANCES
Sections:
6.12.030 Notice and redemption.
6.12.040 Destruction or other disposition – Notice.
6.12.050 Denial of redemption.
6.12.060 Destruction by officer – Authority when.
6.12.010 Declared.
The following are declared to be a public nuisance:
A. Permitting any dog owned, harbored or controlled by a person to be on any private property other than that of the owner of such dog or on public street, alley, lane, public park or in public building of whatever nature open to and used by the public in the incorporated area of the city unless such dog is securely leashed and the leash is held continuously in the hand of a responsible person capable of controlling such dog;
B. Any dog wandering at large without apparent home, care, or supervision;
C. Any dogs roaming at large in packs of three or more;
D. Any dog harassing the livestock or poultry of another;
E. Any dog viciously attacking a domestic animal at a place where the victim animal had a right to be;
F. Any dog harassing a game animal at a location other than upon the property of the owner or person in possession of such dog;
G. The keeping or harboring of any dog or other animal which by frequent or habitual howling, yelping, barking or the making of other noises shall continuously or repeatedly annoy or disturb a neighborhood. (Ord. 863 § 1, 2023; Ord. 862 § 1 (Exh. A), 2023)
6.12.020 Impoundment.
A. Any dog constituting a public nuisance as described in EMC 6.12.010 may be taken into custody with or without a warrant by any peace officer or humane officer and impounded at the animal shelter of the animal control authority.
B. Any person may file a complaint under oath with the Chelan County district court alleging any dog to be a public nuisance whereupon the district court shall issue a warrant directed to the Chelan County sheriff or any peace officer or humane officer to impound such dog. (Ord. 862 § 1 (Exh. A), 2023)
6.12.030 Notice and redemption.
A. Upon the impoundment of any dog as a public nuisance, immediate efforts shall be made by the impounding authority to give written notice of impoundment to the owner or reputed owner. Such notice shall be by personal service, if feasible; otherwise, by certified mail, return receipt requested, to the last known address of such owner.
B. Subject to Chapter 6.20 EMC, the owner may redeem such dog from impoundment by payment to the animal control authority of an impoundment fee, plus the standard posted boarding fee, plus the cost of any reasonably necessary veterinarian expense incurred during the period of impoundment. (Ord. 862 § 1 (Exh. A), 2023)
6.12.040 Destruction or other disposition – Notice.
Upon order of the Chelan County district court adjudicating it to be a public nuisance, any unredeemed, impounded animal may be either humanely destroyed or delivered to a person offering to pay the impoundment, board, and veterinary charges incurred and to provide the animal a good home, as the court shall order, without notice other than the notice of impoundment after three days following personal service of such notice or after five days following the mailing of such notice or after proof by affidavit of inability to locate the owner or reputed owner of such animal within five days after impoundment. (Ord. 862 § 1 (Exh. A), 2023)
6.12.050 Denial of redemption.
After five days’ written notice to the owner or reputed owner by personal service or certified mail, return receipt requested, and an opportunity for hearing upon the demand of the owner, the district court may deny the privilege of redemption and order an impounded animal destroyed if the court finds that such animal either has been impounded three times within the preceding 12-month period or constitutes a serious danger to persons or property. (Ord. 862 § 1 (Exh. A), 2023)
6.12.060 Destruction by officer – Authority when.
Any animal constituting a public nuisance which a peace officer or humane officer is unable to take into custody for purposes of impoundment save at the risk of serious bodily harm to himself may be forthwith destroyed by such officer. (Ord. 862 § 1 (Exh. A), 2023)