Chapter 6.04 DOGS

It is unlawful to own, keep or maintain any dog over the age of three months within the town’s corporate limits without first obtaining an annual license and keeping the license tag attached to the dog. Any dog brought into the town shall be registered within 30 days of the owner’s first day of residency within the town. (Ord. 1528 § 1, 2014)

6.04.030 Dog licenses – Procedures.

A. The town shall issue licenses consistent with the procedures set forth herein. The town council may designate an agent(s) to issue town licenses and related items.

B. A license for each dog residing within the town’s corporate limits must be obtained annually. Any person applying for a dog license shall include the following information on a form provided by the town:

1. The owner’s name, address and telephone number. The owner must be at least 18 years of age.

2. The name, address and telephone number of the person having custody of the dog, if other than the owner.

3. The breed, color, age, and sex of the dog.

4. The address of the property where the dog is ordinarily kept or maintained.

5. A certificate from a licensed veterinarian showing that the dog has a current rabies immunization.

6. A certificate from a veterinarian or animal shelter showing that the dog has been neutered or spayed if the owner so claims.

C. A copy of the license containing the name, address and telephone number of the dog’s owner shall be available for public inspection. If there is a change of ownership of a licensed dog, the new owner shall within 30 days report the transfer to the town. (Ord. 1528 § 1, 2014)

6.04.040 Dog license tags – Not transferable.

License tags shall be either metal or plastic bearing a number, the year and the issuance of either “San Juan County” or “Town of Friday Harbor,” or both. No two tags shall be assigned the same number and are not transferable between dogs. (Ord. 1528 § 1, 2014)

6.04.050 Dog license fees.

A. License fees shall be valid for one calendar year; however, a license purchased between November 15th and December 31st shall be valid from the date of purchase through the following calendar year.

B. License fees are as follows:


Neutered/spayed:	$12.00
Intact male/female:	$30.00
Replacement tag:	$2.00
Late fee:	$10.00

A late fee of $10.00 shall be added to the license fee if an owner of a dog is a resident of the town and has not purchased the annual dog license by March 31st. (Ord. 1528 § 1, 2014)

6.04.060 Dog license – Minors.

A dog license will be issued only to the adult owner of a dog and not to a person under the age of 18. Parents or guardians are responsible for the control of animals in the care or custody and control of minors residing with them and such parent or guardian will be deemed the owner of the dog. (Ord. 1528 § 1, 2014)

6.04.070 Dogs at large – Leash requirement.

A. When a dog is away from the dog’s premises but within the town’s corporate limits, the owner or custodian shall keep and control the dog by means of a leash not exceeding six feet in length. A leash is not required for a dog when otherwise safely and securely confined, or controlled in a vehicle. No owner or custodian may cause, allow or suffer a dog under their ownership or control to run at large or stray from the premises where the dog is kept without a leash under the control of the owner or custodian.

B. Any person violating this section commits a civil infraction as set forth in Chapter 1.18 FHMC and shall be assessed a fine consistent with the following:

1. First offense – Class 3 infraction.

2. Second offense – Class 3 infraction.

3. Third offense – Class 2 infraction.

4. Fourth and subsequent offenses – Class 1 infraction and the animal control authority may declare the dog a public nuisance. (Ord. 1528 § 1, 2014)

Article II. Animal Protection

6.04.080 Injury – Neglect.

It is unlawful for any person to:

A. Willfully injure or kill a dog or other domestic animal causing it fright or pain; or

B. Cause or allow any dog or other domestic animal to endure pain, suffering or injury or fail or neglect to aid any dog or other domestic animal if such person has caused suffering, pain or injury to the animal by reason of neglect or intent; or

C. Injure or kill a dog or other domestic animal using a vehicle. Any person who kills or injures such an animal while operating a vehicle shall:

1. Stop and render such assistance as practicable;

2. Make reasonable efforts to locate and identify themselves to the owner or person having custody of the animal; and

3. Report the incident to the police department or animal control officer within 24 hours. (Ord. 1528 § 1, 2014)

6.04.090 Feeding and care.

It is unlawful for any person to keep or harbor a dog or other domestic animal within the town’s corporate limits:

A. Without providing a suitable dry place for the housing thereof;

B. Failing to provide a suitable amount of food and clean water for the nutrition and comfort thereof; or

C. Leaving the premises upon where such animal is confined or to which it customarily returns for more than 24 hours without providing for the feeding and care of such animal in the person’s absence. (Ord. 1528 § 1, 2014)

6.04.100 Poisoning.

A. It is unlawful for any person to:

1. Lay out or expose any kind of poison or poisoned food or drink for any dog or other domestic animal;

2. Lay out or expose any substance or fluid where there is deposited or mingled any poison or poisonous or deadly substance on any premises or in any unenclosed place; or

3. Aid or abet any person in doing either of the above.

B. The provisions of this section do not apply to the killing by poison of any such animal in a lawful and humane manner by the owner thereof or by a duly authorized servant or agent of such owner, or by a person acting pursuant to instructions from a duly constituted public authority, consistent with the exceptions provided in RCW 16.52.190. (Ord. 1528 § 1, 2014)

6.04.110 Abandoned animals.

A. It is unlawful for any person to abandon any dog or other domestic animal by leaving such animal on the street, road or highway or other public place, or upon private property within the town. A dog or other domestic animal is deemed “abandoned” under this section when left in a place without provision made for the feeding and care of such animal or for the return of such animal to its owner or keeper.

B. Any person violating this section shall, upon conviction, be fined as provided for in FHMC 6.04.120 and be required to reimburse the town for all costs incurred by it for the care or disposition of the abandoned animal. (Ord. 1528 § 1, 2014)

6.04.120 Penalties.

A. A violation of any provision of FHMC 6.04.080 to 6.04.110 shall be a Class 1 civil infraction. The fine for the second and each successive violation thereof in any 12-month period is $250.00 and any person deemed by the court to be responsible shall be required to reimburse the town for all costs incurred by it for the care and/or disposition of the animal.

B. All such infractions are subject to Chapter 1.18 FHMC. In the event any infraction under FHMC 6.04.080 to 6.04.110 conflicts with or constitutes a criminal offense under state law (including Chapter 16.52 RCW), state law prevails. (Ord. 1528 § 1, 2014)

Article III. Animal Control – Nuisance

6.04.130 Unlawful public nuisance.

It is unlawful for any person to keep or maintain any dog constituting a public nuisance as defined in FHMC 6.04.140 within the town or for any owner or custodian thereof to permit any such dog to be within the town and not under the direct control of its owner or custodian. A dog determined to be a public nuisance subjects the owner to citation for a Class 2 infraction on the first offense within three years and a Class 1 infraction for each subsequent violation within any consecutive three-year period as set forth in Chapter 1.18 FHMC. (Ord. 1528 § 1, 2014)

6.04.140 Public nuisance defined.

In addition to the provisions of state law including RCW Title 16 and Chapter 6.05 FHMC, the following dogs are declared to be public nuisances:

A. A dog running at large in violation of FHMC 6.04.070;

B. A dog which by frequent or habitual howling, yelping or barking annoys or disturbs persons in the neighborhood, or the peace or quiet of the community;

C. A dog that pursues or follows in a menacing manner, chases, bites, injures or kills any domestic animal;

D. A dog that pursues or follows in a menacing manner, chases, bites, or injures any person;

E. A dog that trespasses on private property or damages or destroys any lawn, garden, property, domestic animal, or thing of value;

F. Any vicious dog, dog afflicted with or displaying the symptoms of rabies, if not securely confined and kept from the public;

G. Any dog residing in the town not properly licensed or not having affixed to it an official license tag issued by the town as provided in FHMC 6.04.020 to 6.04.060;

H. Any dog deemed abandoned pursuant to RCW 16.54.010; or

I. Any dog found on the running board, fender, hood, truck bed or other outside part of any parked or unoccupied motor vehicle unless such dog is by suitable harness, six-foot leash or other device secured from biting, attacking, falling, escaping or being thrown therefrom. (Ord. 1528 § 1, 2014)

6.04.150 Animal waste.

A. It is unlawful for the owner or caretaker of any dog or other domestic animal to allow, permit or suffer the animal to defecate on the public sidewalk or upon any public street or other public place without immediately removing such waste therefrom and properly disposing of it.

B. Any person violating this section commits a civil infraction as set forth in Chapter 1.18 FHMC and shall be assessed a fine in the amount of $25.00 for each offense. (Ord. 1528 § 1, 2014)

6.04.160 Rabid or vicious dogs.

Any dog afflicted with or displaying symptoms of rabies or attacking any person or domestic animal within the town may be seized by an animal control or law enforcement officer. Any dog afflicted with or displaying symptoms of rabies shall be impounded by the town for a minimum of 10 days. (Ord. 1528 § 1, 2014)

6.04.170 Impoundment and redemption of animals.

A. Any dog or other domestic animal may be impounded and taken into the care and custody of the animal control authority if:

1. A dog is off its owner’s premises and not under the immediate control of its owner or custodian;

2. When an animal is required to be licensed and not carrying a current license tag;

3. When an animal is brought to the animal shelter or appropriate agency by a citizen who has found the animal;

4. When the animal has been deemed abandoned pursuant to RCW 16.54.010;

5. When a dog has been declared either potentially dangerous or dangerous pursuant to Chapter 6.05 FHMC or state law and the dog is at large or otherwise in violation of restrictions placed upon it;

6. When an animal has been subjected to “cruel treatment” (as defined by RCW 16.52.205 or 16.52.207 or by this chapter) and removal is necessary for the safety and well-being of the animal;

7. When the animal’s owner is either incapable or unable to care for it; or

8. When a dog has bitten a person or other domestic animal, breaking or puncturing the skin, and the owner is unable, incapable or unwilling to quarantine the dog. If such dog is found at large, the owner will be deemed unable to provide quarantine and said animal may be impounded.

B. Except as provided in subsection C of this section, any impounded animal may be redeemed by its owner upon identification of the owner and payment of licensing fees and costs of impoundment and care to the person, agency or business holding the dog.

C. An animal impounded upon reasonable suspicion of having chased, bitten or killed a person or domestic animal may not be redeemed by the owner until after the animal control authority has been notified and determined whether to declare the dog a “potentially dangerous dog” consistent with FHMC 6.05.040 or provided other notices that the dog was seen chasing, biting or killing a person or domestic animal.

D. Within 10 days after the animal is impounded, an owner may appeal the animal’s impoundment pursuant to FHMC 6.04.220. (Ord. 1528 § 1, 2014)

6.04.180 Notice to owner of impoundment.

Not later than the next business day after impoundment, the dog’s owner (if known) shall be notified of the impoundment by mailing a written notice thereof, addressed to the owner at their last known address or, if unknown, by posting a notice at the Town Hall bulletin board. The notice shall include description of the dog consistent with FHMC 6.04.030(B) and the place and time of the impoundment. (Ord. 1528 § 1, 2014)

6.04.190 Disposition of unclaimed animals.

A. Any animal impounded pursuant to FHMC 6.04.170(A) and not redeemed by its owner within 15 business days after the animal was impounded may, in the discretion of the animal control authority, be humanely destroyed, sold or placed for adoption with a responsible person.

B. The following animals may be humanely destroyed prior to expiration of the period noted in subsection A of this section:

1. A dog impounded upon reasonable suspicion of having chased, bitten or killed any person or other domestic animal and which the animal control authority has a pending declaration that such dog is a dangerous dog or potentially dangerous dog;

2. An impounded animal suffering from serious injury, illness or disease that would endanger other sheltered domestic animals or cause the animal to endure unnecessary pain and suffering if left untreated; or

3. An impounded animal that is feral or wild and thereby human care and confinement are not possible or pose a threat to caretakers. (Ord. 1528 § 1, 2014)

Article IV. Enforcement – Appeal

6.04.200 Presumption of ownership.

A rebuttable presumption of ownership exists for any adult caring for or having custody of a dog for more than 10 consecutive days, excepting veterinary clinics and hospitals, kennels, dog day care facilities and/or other animal care facilities where compensation is paid for the temporary care of dogs or other domestic animals. (Ord. 1528 § 1, 2014)

6.04.210 Animal control authority – Powers and duties.

A. The “animal control authority” for purposes of Chapter 16.52 RCW and this chapter is the town of Friday Harbor or its designee, including the San Juan County sheriff’s office, acting either alone or in concert with other local governmental units or humane societies for enforcement of animal control laws of the town, county and state.

B. Any person designated by the animal control authority as an animal control officer is authorized to take such actions as may be lawfully required to enforce provisions of this chapter, state law and other regulations relating to animal welfare and control. The animal control officer, while in pursuit of an animal observed by the officer to be in violation of this chapter, may enter onto public or private property for purposes of enforcement; provided, that entry into a building designated for and used for private purposes may be accomplished only with the consent of the owner or lawful occupant of the premises or upon the issuance of a proper search or arrest warrant. (Ord. 1528 § 1, 2014)

6.04.220 Appeals.

Within 15 business days following impoundment of a dog or other domestic animal pursuant to FHMC 6.04.170, an owner may appeal the determination to either euthanize or allow adoption by petitioning the San Juan County district court consistent with the requirements of RCW 16.52.085. (Ord. 1528 § 1, 2014)

6.04.230 Violation – Penalty.

A. Except as otherwise set forth in this chapter, any violation thereof is a Class 2 civil infraction.

B. The owner or custodian of any dog or other domestic animal in violation of any provision of this chapter shall be subject to Chapter 1.18 FHMC. (Ord. 1528 § 1, 2014)

Chapter 6.04DOGS

6.04.010 Definitions.

6.04.020 Annual dog licenses.