Chapter 6.04
ANIMAL CONTROL

Sections:

6.04.010    Purpose.

6.04.020    Definitions.

6.04.030    Dangerous dogs – Certificate of registration required – Prerequisites.

6.04.040    Dangerous dogs and potentially dangerous dogs required to be micro-chipped.

6.04.050    Declaration of potentially dangerous dog or dangerous dog – Procedure and notification requirements.

6.04.060    Appeal of notice of potentially dangerous dog or dangerous dog.

6.04.070    Dangerous dogs – Confiscation.

6.04.080    Prohibited and regulated conduct.

6.04.090    Injuring or killing animal cruelly – Unlawful acts.

6.04.100    Exposing poisonous substances to animals – Unlawful acts.

6.04.110    Animal control officer.

6.04.120    Impoundment – Permitted when.

6.04.130    Impoundment – Holding – Citation procedures.

6.04.140    Impoundment – Disposition.

6.04.150    Impoundment – Care of animal.

6.04.160    Registration and licensing of animals.

6.04.170    Animal license fees.

6.04.180    Violation – Penalty.

6.04.010 Purpose.

It is the public policy of the town to encourage, secure and enforce those animal control measures deemed desirable and necessary for the protection of human health and safety, and to the greatest degree practicable to prevent injury to property and cruelty to animal life. Therefore, it is the purpose of this chapter to establish and implement a program for the licensing and regulation of resident dogs, visiting dogs, cats, and other animals and the facilities which house them, to provide animals’ legal protection, to protect the property rights of all citizens, and to ensure the health and safety of the people residing in the town. (Ord. 438 § 1, 2013; Ord. 400 § 1, 2009).

6.04.020 Definitions.

As used in this chapter, unless the context requires otherwise:

(A) “Adult dog and cat” means any dog or cat over the age of six (6) months.

(B) “Animal” means a domestic mammal, bird, reptile or amphibian, except man, kept as a pet, livestock, or for other domestic purpose.

(C) “Animal at large” means any animal off or outside the premises of the owner, unrestrained by a rope, line, leash or other appropriate means of restraint, any animal which is not under the immediate control or command of a person, whether or not the owner of the animal, and any animal which enters upon the property of a person without authorization of the person.

(D) “Bail” means money or its equivalent deposited by the defendant to secure his appearance in court for an animal control ordinance violation.

(E) “Cattery” means any place which is maintained as a business or shelter for domestic felines.

(F) “Curb” means to prevent an animal from depositing solid waste or excrement on any private property including but not limited to lawns, gardens, sidewalks, and all other public property including but not limited to sidewalks, walkways, playgrounds, or other publicly owned property other than the gutter of a dedicated alley, street, or right-of-way, and directing the animal to such gutter.

(G) “Dangerous dog” means any dog that (1) inflicts severe injury on a human being without provocation on public or private property, (2) kills a domestic animal without provocation while the dog is off the owner’s property, or (3) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

(H) “Dog” means any mammal of the canine family.

(I) “Dog license” means the license required to be issued annually for each individual dog pursuant to this chapter.

(J) “Euthanasia” means the putting to death of an animal in a humane manner.

(K) “Immediate control” of a dog shall mean that every person owning, keeping, having charge, care, custody or control of a dog shall keep the dog exclusively upon their own premises; provided, however, that the dog may be off such premises in the care of and complete control of a competent person whether or not the owner, and restrained by a leash.

(L) “Owner” means any person or legal entity having a possessory property right in an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on the premises occupied by them, with the exception of veterinary hospitals or businesses providing for the care or boarding of animals.

(M) “Permit” shall mean the human conduct in relation to an owned or harbored animal which is intentional, deliberate, careless, inadvertent or negligent.

(N) “Pet shop” means any place regularly engaged in the business of breeding or selling animals of any species.

(O) “Potentially dangerous dog” means:

(1) Any dog that when unprovoked chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals; or

(2) Any dog that when unprovoked inflicts bites on a human or a domestic animal either on public or private property.

(P) “Properly dispose” of animal solid waste or excrement shall mean either: (1) to completely bury said waste in the soil prior to leaving the site; or (2) to dispose of same by removing same and flushing down a domestic septic system or other approved sanitary waste disposal system. This shall not include disposal by deposit in any domestic solid waste container or by any other means whatsoever.

(Q) “Sanitize” means to clean up thoroughly and dispose of any animal solid waste or excrement deposited anywhere within the corporate limits of the town of Index, but not on the actual property owned or controlled by the owner or persons having custody of the animal so depositing such solid waste or excrement.

(R) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

(S) “Sexually neutered” means medically determined to be incapable of reproduction, or when the physical condition of an animal is certified by a licensed veterinarian to be such as to prohibit performance of such medical procedure to render it unproductive.

(T) “Unconfined” as applied to a potentially dangerous dog or dangerous dog means such dog is not securely confined indoors, or confined in a securely enclosed and locked pen or structure upon the premises of the owner of such dog. Such pen or structure shall be suitable to prevent the entry of young children, shall have secure sides and a secure top, and shall provide protection from the elements for the dog. The structure shall have a substantial floor joined to the sides or shall be otherwise designed and constructed such that a dog cannot dig its way out. All entries into the pen or structure shall be capable of being padlocked.

(U) “Veterinarian” means a practicing veterinarian licensed pursuant to the laws of the state of Washington to perform any act set forth in RCW 18.92.010.

(V) “Veterinary hospital” means any business established, maintained and operated by a veterinarian which is operated for the diagnosis and treatment of diseases or injuries of animals. (Ord. 400 § 2, 2009).

6.04.030 Dangerous dogs – Certificate of registration required – Prerequisites.

(A) It is unlawful for an owner to have a dangerous dog in the town of Index without a certificate of registration issued under this section. This section shall not apply to police dogs.

(B) The clerk or animal control officer may issue a certificate of registration to the owner of a dangerous dog upon payment of a one hundred dollar ($100.00) registration fee if the owner presents to the animal control officer sufficient evidence of:

(1) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; and

(2) Either:

(a) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the town of Index in the sum of at least two hundred fifty thousand dollars ($250,000), payable to any person injured by the vicious dog; or

(b) A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least two hundred fifty thousand dollars ($250,000), insuring the owner for any personal injuries inflicted by the dangerous dog.

(C) The term for a certificate of registration is one (1) year from the date of issuance or until the dog is moved to another address outside the corporate limits of the town of Index, whichever is less. The owner of a dangerous dog must renew the certificate of registration annually, unless the dog is moved to another address outside the corporate limits of the town of Index. (Ord. 400 § 3, 2009).

6.04.040 Dangerous dogs and potentially dangerous dogs required to be micro-chipped.

Any dog which is declared to be a “potentially dangerous dog” or “dangerous dog” pursuant to this chapter or Chapter 16.08 RCW shall be required to be micro-chipped by a veterinarian of the owner’s choice, at the owner’s expense. This shall be in addition to the normal requirements for licensing as defined within this chapter. This must be accomplished within thirty (30) days after receipt of the dangerous dog declaration issued by the town of Index pursuant to this chapter. (Ord. 400 § 4, 2009).

6.04.050 Declaration of potentially dangerous dog or dangerous dog – Procedure and notification requirements.

(A) The animal control officer shall identify and classify potentially dangerous dogs and dangerous dogs. The animal control officer may find and declare a dog potentially dangerous or dangerous if the animal control officer has probable cause to believe that the dog falls within the definitions set forth in this chapter. Probable cause may be based upon:

(1) The written complaint of a citizen who is willing to testify that he or she witnessed the dog acting in a manner which causes it to fall within the definition of potentially dangerous dog or dangerous dog;

(2) Dog bite reports filed with the town of Index or other enforcement agency;

(3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or

(4) Other substantial evidence.

(5) Dogs shall not be declared potentially dangerous or dangerous by the animal control officer if a threat, injury, or damage sustained by a person forms the probable cause to believe the dog is potentially dangerous or dangerous, and the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime. The burden shall be on the owner of the dog to show, by a preponderance of the evidence, that one (1) or more of these circumstances exist.

(B) Upon determining that probable cause exists to believe that a dog is potentially dangerous or dangerous, the town of Index may issue a written notice to the owner of the dog. The notice shall contain the following:

(1) The name and address of the owner of the dog;

(2) A brief description of the dog;

(3) A brief statement of why the dog has been found to be a potentially dangerous dog or dangerous dog;

(4) The specific provision or provisions of this chapter under which the animal control officer has found the dog to be a potentially dangerous dog or dangerous dog;

(5) The requirements for restraint of the dog, if applicable, as determined by the town of Index, and when these requirements must be complied with;

(6) The criminal penalty for violation of the requirements for restraint imposed by the town of Index, including a statement that, if the requirements are not timely met, the town of Index has the authority to issue a criminal citation or report such noncompliance to the city attorney’s office, which has the authority to initiate a criminal action; and

(7) A statement advising:

(a) That the notice may be appealed;

(b) That the failure to file a timely and complete notice of appeal will constitute a waiver of all rights to an appeal under this chapter.

(C) The notice shall be served on the owner in one (1) of the following methods:

(1) First class mail and certified mail, return receipt requested, to the owner’s last known address; or

(2) Personally. If the notice is personally served, proof of personal service of the notice shall be made by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. “Personal service” means handing it to the owner’s attorney or to the owner; or leaving it at their office with their clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the owner has no office, leaving it at their dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or, if there is no responsible person on the premises, by leaving it in a conspicuous place therein. (Ord. 400 § 5, 2009).

6.04.060 Appeal of notice of potentially dangerous dog or dangerous dog.

(A) Any owner of a dog which has been declared potentially dangerous or dangerous by the town of Index, pursuant to provisions of this chapter, may appeal the notice by filing with the town of Index, within fourteen (14) days from the date of the notice, a written notice of appeal. Said written notice of appeal shall be on a form provided for that purpose by the town of Index or other written notice, but must contain the following items:

(1) A caption reading: “Appeal of ________,” giving the name of the appellant;

(2) A brief statement of the finding being appealed, together with any material facts claimed to support the contentions of the appellant;

(3) A brief statement of the relief sought, and the reasons why the finding should be reversed, modified or otherwise set aside;

(4) The current address of the appellant; and

(5) A verification, by declaration under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal.

(B) Failure to file a timely and complete notice of appeal constitutes a waiver of all rights to an appeal under this chapter.

(C) Upon receipt of a timely filed and completed notice of appeal, a notice of hearing shall be sent to the appellant, setting the date, time and place of the appeal hearing.

(D) The date and time of the hearing shall be set by the office of the hearing examiner following receipt of a timely filed and complete notice of appeal. The filing of a notice of appeal shall not stay the requirements for restraint of the dog provided to the owner pursuant to this chapter.

(E) The hearing examiner shall be Snohomish County Court, Evergreen Division, unless the mayor designates another as hearing examiner.

(F) At the hearing, the owner of the dog found to be a potentially dangerous dog or dangerous dog shall be permitted to present evidence in support of their position at the hearing.

(G) Dogs shall not be declared potentially dangerous or dangerous by the hearing examiner if a threat, injury, or damage sustained by a person forms the probable cause to believe the dog is potentially dangerous or dangerous, and the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime. At the hearing, the burden shall be on the owner of the dog to show, by a preponderance of the evidence, that one (1) or more of these circumstances exist.

(H) At the conclusion of the hearing, the hearing examiner shall issue a written decision.

(1) At the conclusion of a hearing to determine whether a dog is to be declared dangerous, the decision of the hearing examiner may be:

(a) The dog in question is declared to be a dangerous dog; or

(b) The dog in question is declared to be a potentially dangerous dog; or

(c) The dog in question is declared to be a potentially dangerous dog; with additions, deletions and/or modifications made to the restrictions initially proposed to be placed on the dog by the town of Index; or

(d) The dog in question is declared to be neither dangerous nor potentially dangerous.

(2) At the conclusion of a hearing to determine whether a dog is to be declared potentially dangerous, the decision of the hearing examiner may be:

(a) The dog in question is declared to be a potentially dangerous dog; or

(b) The dog in question is declared to be a potentially dangerous dog, with additions, deletions and/or modifications made to the restrictions initially proposed to be placed on the dog by the town of Index; or

(c) The dog in question is declared to not be a potentially dangerous dog.

(3) The decision of the hearing examiner shall be final. Proceedings to review the decision must be instituted within fifteen (15) days of the date of the written decision. (Ord. 400 § 6, 2009).

6.04.070 Dangerous dogs – Confiscation.

(A) Any dangerous dog shall be immediately confiscated by the town of Index if the:

(1) Dog is not validly registered under this chapter or RCW 16.08.080;

(2) Owner does not secure the liability insurance coverage required under this chapter or RCW 16.08.080;

(3) Dog is not maintained in the proper enclosure; or

(4) Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not muzzled and under physical restraint of the responsible person. The owner must pay the costs of confinement and control. The town of Index must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty (20) days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within twenty (20) days of notification. In addition, the owner shall be guilty of a gross misdemeanor punishable by a fine of not more than five thousand dollars ($5,000) or imprisonment of not more than one (1) year in jail, or by both such fine and imprisonment in accordance with the terms of this chapter.

(B) If a dangerous dog of an owner with a prior conviction under this chapter or Chapter 16.08 RCW attacks or bites a person or another domestic animal, the dog’s owner is guilty of a Class C felony, punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog pursuant to this chapter or Chapter 16.08 RCW and the person or domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked the defendant’s dog without justification or excuse. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

(C) The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a Class C felony punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant’s dog: (1) trespassed on the defendant’s real or personal property, which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of the dog; or (2) provoked the defendant’s dog without justification or excuse on the defendant’s real or personal property, which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of the dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter or Chapter 16.08 RCW. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and, upon conviction of the owner, destroyed in an expeditious and humane manner. (Ord. 400 § 7, 2009).

6.04.080 Prohibited and regulated conduct.

It shall be a violation of this chapter for any person to:

(A) Permit any animal with the exception of domestic cats to become an animal at large.

(B) Permit a domestic cat to trespass upon the property of another in such a manner as to be a nuisance.

(C) Permit an animal except domestic cats on public premises, property or right-of-way, except in those areas specifically designated to permit animals; animals must be confined to such restricted areas.

(D) Fail to keep every female dog or cat in heat confined in a building or a secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding.

(E) Permit any animal to cause annoyance, alarm or noise disturbance at any time of the day or night by repeated barking, whining, screeching, howling, caterwauling, crowing, braying or other like sounds which extend beyond the boundary of the owner’s property.

(F) Fail to provide an animal with sufficient good and wholesome food and water, proper shelter and protection from weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

(G) Leave an animal unattended for more than twenty-four (24) consecutive hours without adequate care.

(H) Abandon an animal.

(I) Confine an animal within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including, but not limited to, extreme temperature, lack of food, water or attention, or confinement with a dangerous animal.

(J) Permit a potentially dangerous dog or dangerous dog to go unconfined.

(K) Permit a potentially dangerous dog or dangerous dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. The muzzle requirement described herein shall apply only to a dog declared to be potentially dangerous if there was any bite on a human or a bite on a domestic animal that resulted in severe injury.

(L) Own a dangerous dog or potentially dangerous dog not vaccinated for rabies with a modified live virus, proof of which must be shown at the time of licensing.

(M) Own an animal which does not have a license required under this chapter.

(N) Refuse to allow any animal which has bitten someone to be quarantined.

(O) Attempt to prevent or hinder the animal control officer from enforcing the provisions of this chapter.

(P) Fail to return to the town supplies that are used to restrain an animal on owner’s premises.

(Q) Fail to curb any animal while the animal is off the premises of the owner or person having custody.

(R) Fail to properly sanitize the area where an animal owned or under their control has deposited said waste or excrement anywhere not on property owned, rented or controlled by said person.

(S) No person shall stake out or restrain any animal on unenclosed premises in such a way that the animal may cross the property boundary onto adjacent public or private property, or in such a way as to endanger the tranquility or safety of passersby on such public or private property. (Ord. 457 § 2, 2016; Ord. 400 § 8, 2009).

6.04.090 Injuring or killing animal cruelly – Unlawful acts.

It shall be unlawful for any person to willfully and cruelly injure or kill any animal, domestic or not, by any mode or means causing it unnecessary fright or pain, and it shall further be unlawful for any person otherwise causing pain, suffering or injury to any animal to fail or neglect to aid or attempt to alleviate any pain, suffering or injury so caused to any animal. (Ord. 400 § 9, 2009).

6.04.100 Exposing poisonous substances to animals – Unlawful acts.

It shall be unlawful for any person to lay out or expose any kind of poison, or leave exposed any poisoned food or drink for man, animal or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled any deadly substance or fluid whatsoever on the premises of another, or in any unclosed place, or to aid or abet any person so doing. (Ord. 400 § 10, 2009).

6.04.110 Animal control officer.

The mayor of the town may appoint an animal control officer to serve at will, or in lieu thereof may contract with a law enforcement agency to enforce this chapter. If an animal enforcement officer is appointed, such officer shall:

(A) Have police power in the enforcement of all provisions of this chapter, but in lieu of arrest the animal control officer shall have the power to issue infractions or citations to the owner of animals in violation of this chapter. The officer while pursuing any animal observed by the officer to be in violation of this chapter may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued.

(B) Issue licenses, order owners whose animals require licenses to procure them if needed, and to make such licenses readily available to the public through the town clerk.

(C) Be responsible for all administrative details in enforcing animal control ordinances. (Ord. 400 § 11, 2009).

6.04.120 Impoundment – Permitted when.

Animals may be impounded by the animal control officer or any peace officer whenever:

(A) The animal presents a clear and immediate danger to the safety of persons or other animals.

(B) The animal has attacked, threatened attack, or bitten any person.

(C) The animal is in violation of this chapter in any manner.

(D) The owner of the animal has been cited for animal violations and remedial action has not been taken or there are continued violations.

(E) An animal has been confined within or on a motor vehicle under the conditions stated in Section 6.04.080(I); provided, that the impounding officer leaves written notice of such impoundment including the officer’s name in a conspicuous secure location on or within the vehicle. (Ord. 400 § 12, 2009).

6.04.130 Impoundment – Holding – Citation procedures.

Except as provided in Section 6.04.070, Dangerous dogs – Confiscation, impoundment is subject to the following holding and notice requirements:

(A) The animal control officer may apprehend any animal found to be in violation of this chapter. After such animals are apprehended, the officer shall ascertain whether they are licensed or otherwise identifiable.

(1) If reasonably possible, the officer shall return the animal to the owner together with a citation issued for violation of this chapter. If the animal control officer returns the animal to its owner’s residence and the owner is not home, the animal control officer may restrain the animal with enough chain to move freely and the animal will be given water and food. The supplies used to restrain the dog (chain, collar, food and water containers) are the property of the town and shall be returned. Any animal for which no identification or ownership is determinable shall be impounded.

(2) If it is not reasonably possible to immediately return a currently licensed animal to its owner, the officer shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. The officer shall also, by regular mail, issue a copy of the citation written for violation of this chapter.

(B) Any animal wearing a current license tag from a jurisdiction within Washington State shall be held for one hundred forty-four (144) hours (six (6) days) from time of impoundment.

(C) Any dogs for which no identification or ownership is known or determinable shall be held for seventy-two (72) hours (three (3) days) from time of impoundment before any disposition may be made of such animal.

(D) Dogs held for periods described in this section and not redeemed by the owner become the property of the town. Cats, unless tagged, shall not be required to be held, and become the property of the town immediately upon receipt.

(E) Animals delivered for impoundment by a peace officer who removed such animal from possession of a person in custody of the peace officer shall be held for the period prescribed in subsection (B) of this section. A receipt shall be given to the person in custody from whom the animal was taken; receipt shall recite redemption requirements and shall serve as the notice required herein. (Ord. 400 § 13, 2009).

6.04.140 Impoundment – Disposition.

(A) Except as provided in Section 6.04.070, Dangerous dogs – Confiscation, any impounded animal shall be released to the owner or its authorized representative upon payment of impoundment, care, and license fees if, in the judgment of the animal control officer in charge, such animal is not dangerous or unhealthy.

(B) Any animal held for the prescribed period and not redeemed by its owner, and which is neither dangerous nor unhealthy, may be released for sale, subject to the following conditions:

(1) The purchaser agrees to furnish proper care to the animal in accord with this chapter;

(2) Payment of required fees, including any medical care costs incurred during impoundment;

(3) In the case of a sexually reproductive animal, a spay/neuter deposit for dogs and cats only in the amount of thirty dollars ($30.00), refundable upon displaying of evidence that such animal has been rendered sexually unreproductive within the allotted time periods; and

(4) A written agreement by the purchaser to render any dog or cat sexually unreproductive within sixty (60) days of purchase or upon the animal obtaining sexual maturity, whichever event last occurs. Failure to perform the agreement shall be a forfeiture of the spay/neuter deposit, and the town may require return of the animal to the shelter.

(C) Any dog held for the prescribed period, not redeemed by its owner and not sold by the town of Index may be released by the following methods:

(1) Released to an animal shelter. Index sets as its first priority placement in a no-kill shelter. If this is not possible, the dog will be placed in the Everett Animal Shelter, or a shelter currently contracting with Index to receive dogs.

(2) If the animal control officer agrees to work on adopting the dog out, the dog may be placed in an approved foster home until the adoption process is complete. Foster homes must be approved by the animal control officer in advance of placement. (Ord. 400 § 14, 2009).

6.04.150 Impoundment – Care of animal.

Animals which are impounded are to be maintained in a humane manner and in a safe place. It shall be the responsibility of the mayor of the town:

(A) To negotiate an agreement with an established veterinarian, animal shelter, or other municipality, subject to the approval of the town council, for the proper facilities for impounding the animals taken into custody;

(B) To establish a procedure and schedule of fees and costs for recovery of the expense of impoundment;

(C) To arrange a procedure for the safe return of any animal impounded. (Ord. 400 § 15, 2009).

6.04.160 Registration and licensing of animals.

(A) The provisions of this section shall apply to all adult dogs, including visiting dogs, and cats owned, housed, kept, or maintained within a pet shop or veterinary hospital.

(B) Requirements.

(1) All adult dogs, including visiting dogs, harbored, kept, or maintained within the town shall be licensed and registered annually, or within thirty (30) days of acquisition, whichever occurs later. Visiting dogs may be licensed in another jurisdiction.

(2) Adult cats may be licensed for identification purposes.

(3) License tags shall be securely displayed upon the animal at all times, except when the animal is displayed in any official exhibition or is working in a field as a hunting animal.

(4) All licenses provided in this section shall expire on December 31st of each year. Owners of animals displaying current licensing from jurisdictions outside the town shall purchase a new license for the license replacement fee listed in Section 6.04.170, provided any animal remains in possession of the owner to whom such license was duly issued. (Ord. 457 § 1, 2016; Ord. 438 § 2, 2013; Ord. 400 § 16, 2009).

6.04.170 Animal license fees.

The animal license fees shall be as follows:

(A) Neutered dogs: ten dollars ($10.00);

(B) Fertile dogs: twenty-five dollars ($25.00);

(C) Replacement tags: one and one-half dollars ($1.50). (Ord. 400 § 17, 2009).

6.04.180 Violation – Penalty.

(A) Except as provided in Section 6.04.070, Dangerous dogs – Confiscation, persons whose animals are in violation of this chapter shall be penalized according to the following schedule:

(1) First offense: One hundred dollar ($100.00) fine;

(2) Second offense: One hundred fifty dollar ($150.00) fine;

(3) Third offense: Two hundred dollar ($200.00) fine;

(4) Fourth and each additional offense: Unless otherwise provided, every person who violates this chapter a fourth time within a one (1) year period shall be guilty of a misdemeanor, punishable by a fine not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).

For the purposes of assessing the number of offenses, any offense committed more than twelve (12) months previous and properly disposed shall be considered expired and shall no longer be counted in the number of offenses for the purpose of this penalty schedule. These fines do not include the cost of impoundment, and any and all persons found to be in violation of this chapter shall pay to the town clerk, animal control officer, or other appropriate impounding agency, according to published schedules then current, all costs incurred as a result of impoundment prior to the release of an impounded animal, and shall receive a receipt in proof of payment thereof.

(B) The person shall pay all costs incurred as a result of apprehension and impoundment, including any veterinary medical attention deemed necessary by the animal control officer, police or other officials.

(C) The person shall pay all necessary licenses and fees established by this chapter and all other pertinent ordinances and statutes.

(D) Fines for failing to license an animal shall be as follows:

(1) First thirty (30) days: five dollars ($5.00) per animal.

(2) Second thirty (30) days: ten dollars ($10.00) per animal.

(3) After sixty (60) days, the animal is eligible for impoundment at the owner’s expense. (Ord. 400 § 18, 2009).