Chapter 6.04 ANIMAL CONTROL*

“Animal control agency” means the city of Kelso’s code enforcement division and the city’s designated animal control contractor organized under RCW 16.52.020, or authorized pursuant to RCW 16.52.015(2), that contracts with the city to enforce the city ordinances governing animal control.

“Animal control agent” means (1) any city employee designated by the city manager as the city’s animal control agent; (2) any person employed or appointed by the city’s designated animal control contractor to enforce the provisions of this chapter; and (3) any duly appointed animal control officer designated by an animal control agency that contracts with the city to enforce the city ordinances governing animal control.

“Animal shelter” or “animal welfare organization” means an organization which regularly engages in the practice of acquiring or transferring animals for the purposes of animal welfare, which includes protecting or caring for animals, returning animals to their natural habitat, or placing animals for adoption.

“Dangerous dog” means any dog that according to the records of the animal control agency:

1. Has inflicted severe injury on a human being without provocation on public or private property;

2. Has killed a domestic animal without provocation while off the owner’s property; or

3. Has been previously found to be potentially dangerous pursuant to this chapter and the dog again aggressively bites, attacks or endangers the safety of humans or domestic animals.

“Domesticated animal” means an animal in a tame condition, either by training, breeding or natural propensity or disposition, which is maintained to enhance the pleasure, welfare or aesthetic means of an owner.

“Exotic animal” means any animal that is not native to or usually found in western Washington.

“Guard dog owner” means any person, firm or corporation which employs a guard dog to protect person or property from unauthorized intrusion. For purposes of this definition, “owner” includes both the legal owner and any person, firm or corporation who, through arrangement or contract, has secured the use of a guard dog to protect person and/or property from unauthorized intrusion.

“Guard dog purveyor” means any person, firm or corporation supplying guard dogs to members of the public.

“Guard dog trainer” means any person, either as an individual or as an employee of a guard dog purveyor, whose prime function is the training of dogs as guard dogs.

“Guide dog” means a dog which is in working harness and is trained or approved by an accredited school engaged in training dogs for the purpose of guiding blind persons or a dog which is trained or approved by an accredited school engaged in training dogs for the purpose of assisting hearing-impaired persons.

“Kennel” means any premises used to conduct a commercial business involving the breeding, buying, selling or letting of dogs for hire, boarding or training dogs, but excluding establishments used exclusively as animal hospitals where dogs are kept only for treatment by licensed veterinarians and nonprofit animal shelters where animals are kept for care and treatment pending redemption, adoption or euthanasia.

“Leash” means a cord, string or chain by which an animal is physically controlled by the person accompanying it.

“Livestock” means any horse, sheep, cattle, mule, donkey, burro, goat, swine, domesticated hares, rabbits and poultry.

“Person” means any natural person, firm, corporation or association.

“Pet shop” means any business or commercial establishment wherein animals commonly referred to or considered to be pets are kept or displayed for sale to any persons or organizations for either private or commercial purposes, provided it shall not include establishments where only birds or fish are kept for sale.

“Potentially dangerous dog” means any dog that when unprovoked:

1. Inflicts bites on a human or domestic animal either on public or private property; or

2. Chases or approaches a person upon the streets, sidewalks or any public grounds, or private grounds other than its owner’s property, in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

“Redemption fees” means the fees adopted by resolution of the city council and collected from the animal’s owner to redeem the animal from the designated animal shelter. These include impound fees, additional daily shelter costs, veterinary costs, transportation costs, and licensing fees.

“Running at large” means to be off the premises of the owner and not under the physical control of either the owner or a person authorized by the owner. There is a rebuttable presumption that the animal has not been under control if injury, damage or trespassing has occurred.

“Vicious behavior” means any act performed by an animal without sufficient provocation which causes injury or endangers the safety of persons, animals or property.

“Wild animal” means any animal which is not normally domesticated, raised or bred by humans. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3924 § 2, 2018; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.020 Dog license—Required—Exemptions.

It is unlawful for any person to keep or maintain any adult dog in the city without paying the license fee and obtaining and retaining the license required by this chapter; provided, that dogs while kept in kennels, pet shops, veterinarian clinics, grooming parlors, or in the animal shelter designated as the custodian of animals impounded under this chapter shall be exempt from this license requirement; provided, any person who newly acquires an unlicensed or licensed dog, whose dog becomes an adult dog, or who moves into the city with such a dog shall have fourteen days within which to obtain the license required by this chapter. Such license shall be transferable upon payment of a transfer fee in an amount set by resolution of the city council in the event a licensed dog is transferred to a different owner or custodian. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3820 § 15, 2014; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.030 Dog license—Tag issuance.

Upon proper application, proof of rabies vaccination, and upon payment of fees by the owner or person having the custody and control of any adult dog, the dog licensing agent shall issue to such person a prenumbered identification tag for such dog, and such person shall ensure that the tag thereafter is securely affixed to a substantial collar or harness to be worn by the dog except at such times as the dog is confined to the owner’s premises or displayed in an exhibition. The person shall be given a receipt for all license and penalty fees paid, which shall be numbered to correspond with the dog license issued. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.040 Dog license—Fees—Late penalties—Replacement.

A. The dog license shall be an annual license which shall expire at midnight December 31st of the year in which issued. The basic fee for such yearly license shall be an amount set by resolution of the city council; provided, that there shall be no license fee for service dogs.

B. In the case of a dog newly acquired, brought into the city, or becoming an adult, application shall be made within fourteen days of such event. Timely applications made subsequent to July 1st of any calendar year shall be subject to one-half of the yearly dog license fee. A penalty in an amount set by resolution of the city council shall be imposed for late application for dog license issuance or renewal.

C. Provided, however, for the purposes of this chapter, a “late application” shall be construed to mean an application submitted on or after January 1st of any calendar year.

D. The fee for replacement of lost or stolen dog licenses and tags shall be an amount set by resolution of the city council. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3820 § 15, 2014; Ord. 3704 § 1, 2009; Ord. 3483 § 1, 2001; Ord. 3310 § 1, 1996)

6.04.060 Optional pet registration.

A city resident may register any cat or other domesticated animal with the city’s designated animal control contractor, who is authorized under this chapter to issue dog licenses, upon completion of application and payment of a pet registration fee in an amount set by resolution of the city council. The pet registration shall be valid until December 31st of the year following the year of issue. The city’s designated animal control contractor shall maintain records of such registration applications showing the number of each registration, the name, address and telephone number of the owner or custodian of such animal, the sex and general description of the registered animal, and the expiration date of the registration. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.070 Pet registration and tag issuance.

Upon proper application and payment of fees by the owner or person having the custody and control of any cat or other domesticated animal, the designated animal control contractor shall issue to such person a prenumbered identification tag for such animal. The person shall be given a receipt for all registration fees paid, which receipt shall be numbered to correspond with the identification tag issued. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.080 Recordkeeping—Dog licenses and pet registration.

A record of all dog licenses, pet registrations and their accompanying applications and any supporting certifications and statements shall be kept by the city’s designated animal control contractor, and in the event of termination of the contract all records shall be transferred to the city. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.090 Agents for dog licensing and pet registration—Agent’s fee.

The city’s authorized agent for issuance of city dog licenses and tags and for the registration of other animals shall be the city’s designated animal control contractor. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.100 Application for dog licenses or optional pet registration.

Anyone applying for a license for a dog or for registration of another animal shall submit to the city’s designated animal control contractor the following information:

A. The name, address and telephone number of the legal owner of the dog being licensed or the other animal being registered;

B. The name, address and telephone number of the person having custody of the dog or other animal, if such person is one other than the legal owner;

C. The name, age, breed, color, sex, distinguishing features, markings or tattoos of the dog being licensed or the animal being registered, and, in the case of dogs, whether the dog has been neutered or spayed;

D. Documentation from a veterinarian that the dog has been neutered or spayed shall be sufficient to establish the eligibility of the owner for the fee reduction set forth in Section 6.04.040; provided, however, a willful false representation that such animal has been spayed or neutered shall constitute an offense;

E. The address of the property at which the dog or other animal is ordinarily kept or maintained;

F. A certificate of a veterinarian indicating the dog has current rabies immunization.

“Current rabies immunization,” for the purposes of this chapter, means that the dog’s last immunization for animals over one year of age shall have occurred within the last three years. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.110 Guard dog license—Applications.

It is unlawful for any person to train, use, sell or purvey to the public a guard dog without a license issued to such person by the designated animal control contractor. Any person desiring to train, use, sell or purvey a guard dog to the public shall make written application to the designated animal control agent on a form provided by the agent to include the following:

A. A legal description and address of the premises or business address at which the applicant wishes to train, use or purvey the guard dog;

B. A statement of whether the applicant owns or rents the premises. If the applicant rents such premises, the application shall be accompanied by a written statement signed by the property owner that the property owner consents to the use of the premises for training, use or purveying to the public of a guard dog for the duration of the license;

C. In the case of persons wishing to train or to purvey guard dogs to the public, a statement of whether the applicant is self-employed or a member of a business, firm, corporation or other organization which trains or purveys guard dogs to the public, and the name, address and major executive officer of such entity;

D. In the case of a person wishing to use a guard dog, a description of such guard dog, acknowledgment that the guard dog has been trained as a guard dog to exhibit hostile propensities, acknowledgment that the premises to be guarded has devices, such as fencing, to prevent general access by the public during those times the guard dog is used for the purposes of protecting such premises and persons from unauthorized intrusion and a statement that the premises are properly signed to warn the public of the presence of a guard dog, and acknowledgment by the applicant that the guard dog will be maintained in such a manner as to ensure the safety of the public and the welfare of the animal. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.120 Guard dog license—Fees—Term.

A. The license fee for a license to train, use or purvey guard dogs to the public shall be as set forth by resolution of the city council.

B. Such license shall be an annual license which shall expire at midnight December 31st of the year in which issued and shall be nontransferable. Application for license renewal shall be made prior to February 1st of each year; provided, that in the case of a guard dog trainer or guard dog purveyor newly commencing business in the city or of a guard dog newly acquired, trained, brought into the city or becoming an adult, application shall be made within thirty days of such event. Timely applications made subsequent to July 1st of any calendar year shall be subject to one-half of the applicable yearly license fee. A penalty of one-half of the yearly applicable license fee shall be imposed for late application for license issuance or renewal. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3820 § 15, 2014; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.130 Guard dog license—Renewal, revocation or refusal to renew.

A. Upon receipt of an application for a new or renewed license for the training, use or purveying of guard dogs, the designated animal control contractor shall inspect the premises to verify whether adequate safeguards are present to protect the health, welfare and safety of the general public and to ensure the humane treatment of the guard dog. If the premises are deemed inadequate, the designated animal control agent shall direct the applicant to make such changes as are necessary before the license is issued or renewed and shall deny the license if the changes are not made within a reasonable time as set by the designated animal control contractor. The designated animal control contractor is further authorized to make routine inspections during reasonable hours of the premises of guard dog licenses and, upon finding inadequate safeguards, to direct the licensee to make necessary changes and, if such changes are not made within a reasonable time as set by the agent, to revoke, deny or refuse to renew the applicable license.

B. Such decision to deny, revoke or refuse to renew such a guard dog-related license shall be final and conclusive unless within twenty days of written notification thereof an appeal is filed in the manner provided by this chapter. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.140 Animal control agency—Powers.

The animal control agents are authorized to take such lawful action as may be required to enforce the provisions of this chapter and other city ordinances relating to animal welfare and cruelty prevention and animal control, including but not limited to the issuance of a notice of civil penalty or citation for civil infraction for violations as provided for in this chapter and as set forth in Section 1.50.040 and all powers conferred by RCW 16.52.015. Any animal control agent, having probable cause to believe any animal to be in violation of any such ordinance or being treated cruelly in violation of any such ordinance, may enter upon public or private property for purposes of enforcing the code provision violated; provided, that entry into a building designated for and used for private purposes may be accomplished only with the consent of the owner or occupant of such premises or upon the issuance of a proper search or arrest warrant by a court of competent jurisdiction upon a showing by the designated animal control agent that there is reasonable cause to believe that an animal is being maintained or treated in the building in violation of this chapter. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3924 § 3, 2018; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.150 Animal control agent—Obstruction unlawful.

It is an offense for any person, without lawful excuse, to knowingly hinder, resist, delay or obstruct any officer of the police department or any animal control agent in the performance of their duties under this chapter. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.160 Impoundment—General regulations.

The animal control agent shall apprehend any animal committing or involved in or any animal said agent has probable cause to believe has committed or been involved in any of the acts set out in this chapter or in any other ordinance as unlawful and/or which is being subjected to cruel treatment as set out in this chapter. After such animal is apprehended, the animal control agent shall determine whether the animal is licensed, registered or otherwise identifiable, and may return the animal to the owner, together with a notice of violation of this chapter. If it is not reasonably possible to immediately return the animal to its owner, or if he finds it necessary for the protection of the animal or of the public, the animal control agent shall notify the owner of the animal within a reasonable time by telephone, mail, direct personal contact or by posting notice at the residence of the owner that the animal has been impounded and may be redeemed at the designated city animal shelter upon payment of redemption fees and any medical or other chargeable fees. Any unlicensed or unregistered animal impounded pursuant to this chapter shall be held for its owner at least seventy-two hours commencing with apprehension. For licensed or registered animals, such seventy-two-hour period shall begin upon notification to the owner of such impoundment. If reasonable attempts have been made by the appropriate authority to notify such owner without success, the licensed animal shall be held for at least seventy-two hours from the time of apprehension. All impound periods shall continue to run during those hours when the designated city animal shelter is not open for business. The staff of the designated city animal shelter may cause to have provided necessary vaccinations against contagious disease to unlicensed and unregistered impounded animals. Any animal not redeemed by its owner during the prescribed period, or which is suffering from serious injury or disease as determined by the person in charge of the designated city animal shelter, may be humanely destroyed or, in the discretion of such shelter, may be held for a longer period for redemption or adoption. The owner of any animal impounded pursuant to the provisions of this chapter may redeem the animal according to the procedures set out in this chapter; provided, that subject to the appeal procedures of this chapter, redemption may be denied to an owner who has cruelly treated an animal as defined in this chapter or for an animal believed to have engaged in vicious behavior toward any person as set out in this chapter. Animals delivered for impoundment by the police department who have been removed from the possession of a person in custody of the police officer shall be held for the period described in this section. An impoundment receipt shall be given to the police officer, who shall deliver such receipt to the person in custody from whom the animal was taken. Impoundment receipts shall recite redemption requirements and shall serve as the notice to the owner required in this chapter. The above notification requirement shall not apply to any animal that was abandoned under the provisions of Chapter 16.54 RCW. For purposes of this section, such an animal shall be deemed to have no owner. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.170 Impoundment—Register.

The designated animal control contractor shall maintain a register of all animals impounded pursuant to this chapter and such register shall show the identification tag number, if any, species and breed of the animal, a description of the animal by coloring and marking, the time and date of the animal’s impoundment, the name of the person impounding the animal, the area in which such animal was picked up, the method and time of notifying the owner, if known, of redemption procedures, and the disposition of the animal and the date and time thereof. Such records shall be available to the city at all times and upon contract termination shall be returned to the city. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.180 Custodian of impounded animals.

The designated animal control contractor shall be the custodian of all animals impounded pursuant to this chapter and its facility is the designated city animal shelter. The agency shall follow the provisions of this chapter and other city ordinances relating to animal control and shall be subject to all the terms and conditions of such ordinances and to the terms and conditions of the contracts which have been or in the future will be executed between the city and such agency. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.190 Redemption.

Any animal impounded pursuant to the provisions of this chapter or other city animal control ordinances may be redeemed upon payment by its owner of the redemption fees set out below and upon evidence satisfactory to the animal control agent that the violation has been corrected. The correction of a violation includes, but is not limited to, the licensing of any unlicensed animal required by this chapter. Any license fees due and owing shall be paid in addition to the redemption fee. The redemption fees shall be in an amount set by resolution of the city council and shall include fees for the following:

A. Impoundment costs.

B. Extended Daily Care. Shelter costs assessed for each twenty-four-hour period, or portion thereof, beyond the seventy-two-hour mandatory hold.

C. Veterinary Costs. Actual costs incurred for necessary medical care and such other costs as may be set by resolution of the city council.

D. Transportation. Actual transportation costs incurred, if provided at owner or custodian request or for livestock impounded off the property, and such other costs as may be set by resolution of the city council. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3820 § 15, 2014; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.200 Dogs and livestock running at large.

It is unlawful for any person being the owner or custodian of any dog or livestock to permit such animal to be at large upon any public street, highway or public place, or upon the private property of another within the city except with the permission of the owner or custodian of such private property. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.210 Leash requirement.

It is unlawful for the owner or custodian of any dog to allow the dog to roam, stray or be away from the premises of the owner or custodian, or to be in or on any public place or property unless such dog is controlled by the owner, custodian or other competent and authorized person by means of a leash; provided, that the leash requirement of this section shall not apply to dogs which are under control while engaged in the lawful herding of livestock, lawful competition sanctioned by a nationally recognized body or a local chapter thereof, or lawful training for such herding or competitive activities. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.220 Noise control.

It is unlawful for any person to cause, suffer or permit any animal to annoy or disturb a neighborhood or the quiet and repose of one or more persons by frequent, repetitive or continuous howling, barking, squawking or other prolonged sound. The owner or custodian of any such animal has an affirmative duty to prevent such disturbances and absence from the premises shall not constitute a defense. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.230 Animal waste.

It is unlawful for the owner or custodian of any dog or other animal to permit, either willfully or by failure to exercise due care, such animal to defecate upon private property without the consent of the owner or upon any public street, or in or upon any public place. It shall be a defense to a charge under this section that such owner or custodian immediately remove and properly dispose of the feces deposited by the dog or other animal. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.250 Biting animals—Confinement.

Any animal which bites a person shall be quarantined for ten days. During quarantine the animal shall be securely confined and kept from contact with any other animal. At the discretion of the county health office, the quarantine may be on the premises of the owner. If the county health office requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense, place it in a veterinary hospital. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.252 Dangerous or potentially dangerous dogs—Compliance with state law required—Registration—Fees.

It is unlawful for any person to own or harbor a dangerous dog or potentially dangerous dog, except in conformance with Chapter 16.08 RCW, or as amended, and in conformance with this chapter.

A. It is unlawful for an owner to have a dangerous or potentially dangerous dog in the city without a certificate of registration issued under this section. The registration fee for dangerous dogs shall be in addition to the registration and tag fees required in Section 6.04.040. This section shall not apply to dogs used by law enforcement officials for police work.

B. The animal control agency shall issue a certificate of registration to the owner of a potentially dangerous dog upon payment of the annual registration fee, which shall be an amount set by resolution of the city council.

C. The animal control agency shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the animal control agency 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 that informs children of the presence of a dangerous dog. For purposes of this chapter, the term “proper enclosure” of a dangerous dog means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely closed and locked pen or structure suitable to prevent the dog from escaping, and shall also provide protection from the elements for the dog;

2. One of the following:

a. A surety bond issued by an insurer qualified under Chapter 48.28 RCW, in a form acceptable to the animal control agency, in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous dog; or

b. A policy of liability insurance, such as homeowner’s insurance or a comparable policy, issued by a company authorized to do business in Washington, and qualified under RCW Title 48, which insurance shall be subject to the approval of the city attorney and shall provide coverage in an amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog. The policy must specifically name the city as an additional insured party thereunder and provide that the policy shall not be terminated without providing at least thirty days’ prior written notice to the city.

3. Payment of the annual registration fee in an amount set by resolution of the city council. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3823 § 4, 2014; Ord. 3820 § 15, 2014; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.255 Dangerous or potentially dangerous dogs—Identification.

Any dog declared by the animal control agency to be a dangerous or potentially dangerous dog shall be identified in the following manner:

A. Microchip.

1. Any dangerous or potentially dangerous dog shall be required to be injected with a microchip for electronic identification as directed by the animal control agency.

2. Such microchip will be a type for use by the animal control agency. The owner shall provide the microchip number to the animal control agency.

3. Such microchip shall be applied to the dog at the expense of the owner or keeper of the dog.

B. Collar.

1. Any dangerous dog shall be required to wear a distinctive collar denoting classification of the dog as required by the animal control agency.

2. Lost collar replacement fee shall be in an amount set by resolution of the city council. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3820 § 15, 2014; Ord. 3764 § 1, 2012; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.257 Dangerous dogs—Requirement for restraint—Dogs not declared dangerous.

A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash not more than four feet in length, 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.

B. Dogs shall not be declared dangerous if 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 in the past has been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.260 Dangerous or potentially dangerous dogs—Confiscation—Conditions.

A. Confiscation of Dangerous Dogs.

1. Any dangerous dog shall be immediately confiscated by the animal control agency if the:

a. Dog is not validly registered under this chapter;

b. Owner does not maintain the liability insurance or bond required under this chapter;

c. Dog is:

i. Not kept in the proper enclosure; or

ii. Outside of the dwelling of the owner, or outside the proper enclosure, and not muzzled and under physical restraint of the responsible person;

d. Dog is not wearing dangerous dog collar;

e. Dog has not received a microchip and supplied the microchip number to the animal control agency.

2. In addition, the owner shall be guilty of an offense.

B. Confiscation of Potentially Dangerous Dogs.

1. Any potentially dangerous dog shall be immediately confiscated by the animal control agency if the:

a. Dog is not validly registered under this chapter;

b. Dog has not received a microchip and supplied the microchip number to the animal control agency.

2. In addition, the owner shall be guilty of an offense.

C. Compliance Required for Return. Any dangerous or potentially dangerous dog confiscated pursuant to this section shall be returned to the owner upon the owner’s compliance with Sections 6.04.252 and 6.04.255. However, if the owner of such dangerous dog or potentially dangerous dog does not comply with the requirements of Sections 6.04.252 and 6.04.255 within seventy-two hours following confiscation of the dangerous dog or potentially dangerous dog, the dog shall be destroyed in an expeditious and humane manner.

D. Animal Control Agency Declaration of a Dog as Dangerous or Potentially Dangerous. The animal control agency shall have the authority to declare and restrict a dog as dangerous or potentially dangerous if the animal control agent has probable cause to believe that the dog falls within the definitions set forth in Section 6.04.010. If the animal control agency determines that any dog is dangerous or potentially dangerous as defined in Section 6.04.010, it shall prepare a written notice of declaration. The notice of declaration shall include, but is not limited to, the statutory authority for the declaration, a description of the dog, the name and address of the owner of the dog, if known, a brief summary of the facts upon which the declaration is based, a statement of any restrictions placed on the dog or owner as a consequence of the declaration, a statement of the penalties for further violations, and a statement of the owner’s rights and the procedure to appeal the notice of declaration. This notice of declaration shall include the right of the owner to meet with the animal control agency to give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. If the owner requests such a meeting, it shall be held within fifteen days following the notice. After the meeting, if the animal control agency determines the animal to be dangerous or potentially dangerous, it shall issue a final declaration containing the same information required in the notice of declaration.

E. Service of Declaration. The animal control agency shall serve the notice of declaration and the final declaration, if any, personally on the owner or person keeping or maintaining the dog or send the notice of declaration or final declaration by regular and certified mail to the owner’s last known address. If mailed, service shall be deemed received on the third day following the date upon which the declaration was placed in the mail.

F. Appeal of the Notice of Declaration to Municipal Court. The owner of the dog declared potentially dangerous or dangerous shall have ten days from receipt of the notice of declaration or final declaration to file a written appeal with the Kelso municipal court. No fee shall be charged for this appeal. The owner must also serve a copy of the written appeal upon the animal control agency. A hearing shall be had as expeditiously as possible and the animal shall remain in the custody of the animal control agency pending the outcome thereof. At the appeal hearing, the animal control agency shall have the burden of proving that the dog is dangerous or potentially dangerous by a preponderance of the evidence. If the notice of declaration is sustained by the court, the costs of maintaining the dog in custody shall be borne by the owner.

G. Appeal of the Municipal Court’s Decision. Either the owner of the dog or the animal control agency may appeal the decision of the Kelso municipal court to the Cowlitz County superior court. Any such appeal shall be filed within ten days. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3764 § 2, 2012; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.262 Dangerous or potentially dangerous dogs—Notification of removal or death.

A. The owner of a potentially dangerous or dangerous dog shall notify the animal control agency prior to moving the animal from its registered address.

B. If the potentially dangerous or dangerous dog is deceased, the owner must notify the animal control agency within seventy-two hours. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.265 Penalties for owners of dogs which attack—Entry in dogfights.

A. If a dangerous dog or potentially dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog’s owner is guilty of an offense. In addition, the dangerous dog or potentially dangerous dog shall be immediately confiscated by the animal control agency, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

B. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall be guilty of an offense. In addition, the dog shall be immediately confiscated by the animal control agency, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.

C. Any person entering a dog in a dogfight is guilty of an offense. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.270 Suspected rabid animals—Disposition.

No police officer or other person shall kill or cause to be killed any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely killed and the head of such animal sent to a laboratory for pathological examination and confirmation of the diagnosis. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.275 Leave or confine any animal in unattended motor vehicle or enclosed space.

A. It is a Class 2 civil infraction to leave or confine any animal unattended in a motor vehicle or enclosed space if the animal could be harmed or killed by exposure to excessive heat, cold, lack of ventilation, or lack of necessary water.

B. In order to protect the health and safety of an animal, an animal control agent or law enforcement officer who reasonably believes that an animal is suffering or is likely to suffer harm from exposure to excessive heat, cold, lack of ventilation, or lack of necessary water shall have the authority to enter a vehicle or enclosed space to remove an animal by any means reasonable under the circumstances if no other person is present in the immediate area who has access to the vehicle or enclosed space and who will immediately remove the animal.

C. Nothing in this section prevents the person who has confined the animal in the vehicle or enclosed space from being convicted of separate offenses for animal cruelty under Section 6.04.280 or Chapter 16.52 RCW, adopted and incorporated herein by reference. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3924 § 4, 2018)

6.04.280 Cruelty to animals.

It is unlawful for any person within the city to intentionally, knowingly, recklessly or with criminal negligence commit any of the following acts or to aid or abet another person in the commission of such acts, which are deemed to constitute cruel treatment of animals:

A. To cause or allow any animal to endure pain, suffering, injury or to fail or neglect to aid or attempt to alleviate pain, suffering or injury which the person has caused to any animal;

B. To neglect to provide adequate daily rations of food or water to any animal within the person’s care, custody or control;

C. To tether, confine or restrain any animal in such a way as to permit such animal to become frequently entangled in such tether, or to render such animal incapable of consuming food or water provided for it;

D. To abandon any animal by dropping off or leaving such animal on a street, road or highway, or in a public place, or on the private property of another person;

E. To confine an animal within or on a motor vehicle at any location when unattended and under such conditions as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water and confinement with a vicious animal;

F. To transport any living animal on the outside part of a motor vehicle except where attached to the vehicle by a harness, cage or other enclosure so as to protect the animal from falling or being thrown therefrom;

G. To place any food, drink or other substance of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domestic animals or livestock;

H. To organize, sponsor or provide animals for or to wager at any fighting contest between animals;

I. To sell or offer for sale or to give away any living baby rabbits, chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to have an artificial color; provided, that this shall not prohibit the sale or display of natural baby chicks, rabbits, ducklings or other fowl in proper brooder facilities or stores engaged in selling them for commercial purposes;

J. To abandon or transfer to another person by gift, sale or exchange for consideration any animal in or upon any sidewalk, street, alley, lane, public right-of-way, park or any other public property except when the transfer takes place at a sale conducted by a public body or public officer, when the transfer takes place at an animal show or exhibition conducted by or for persons who regularly engage in the practice of breeding animals for show or exhibition, or when one of the parties to the transfer is a member of an animal welfare organization and is acting on behalf of the animal welfare organization. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.290 Striking domestic animal with motor vehicle—Responsibilities.

Any person who while operating a motor vehicle strikes a domestic animal shall stop at once, render reasonable assistance, and shall as soon as practicable thereafter report such injury or death to the city’s animal control agent. This section shall in no way be construed as requiring the person striking the animal with a motor vehicle to be financially responsible for any injury or death of the animal. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3021 § 18, 1985)

6.04.300 Found stray animals.

It is the duty of a person who observes or finds any stray animal, not owned by him, or has an animal placed into his possession by the person having the lawful custody and control thereof, to notify the designated city animal control agent at once, and to release such animal to such animal control agent or to the city police upon demand and without charge. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.310 Kennel or pet shop license—Required.

It is unlawful for any person to own, maintain or operate a kennel or pet shop within the city unless such person has first obtained the applicable license as provided for hereinafter. Such license shall be nontransferable. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.320 Kennel or pet shop license—Application—Contents.

Any person making application for a kennel or pet shop license shall submit to the designated animal control agent of the city the following information:

A. The name, address and phone number of the owner of such facility;

B. The name, address and phone number of the person having primary supervision of such facility;

C. The address or location and phone number of such facility;

D. The maximum number of adult dogs which such facility will contain at any single time;

E. The name and address of the person designated by the applicant as agent for service of legal process or notice;

F. A statement giving permission for the inspection of such facility at any reasonable time;

G. An affidavit of zoning compliance signed by the owner of such facility and approved by the city planner. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.330 Kennel or pet shop license—Inspection.

Upon application for a kennel or pet shop license, the city’s designated animal control agent shall inspect the proposed facilities to see whether the facilities will allow for safe and humane treatment for animals. If it is found they do not, the license shall not be issued and the applicant shall be advised in writing as to why the license is denied. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.340 Kennel or pet shop license—Expiration and renewal.

Each kennel or pet shop license shall expire one year from the date of issuance thereof. License renewals shall be processed in the same manner as the original application, except that an affidavit of zoning compliance approved by the city planner is not required. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.350 Kennel or pet shop license—Fees.

A. The application for a kennel or pet shop license and the transfer of a license to a new owner shall be accompanied by a fee in an amount set forth by resolution of the city council.

B. A penalty fee of fifty percent of the license fee shall be assessed if the license is not applied for within thirty days of commencement of operation or the license renewal date. Payment of this penalty shall not preclude the imposition of any additional penalties prescribed in this chapter. Payment of any outstanding penalties imposed under this chapter shall be a prerequisite to licensing. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3820 § 15, 2014; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.360 Kennel or pet shop license—Display.

The license issued for a kennel or pet shop shall be posted in a conspicuous place upon the premises where such facility is located. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.370 Kennel or pet shop license—Revocation, denial or refusal to renew.

A license for any kennel or pet shop may be revoked, denied or not renewed for failure to comply with the provisions of this chapter, and such action by the designated animal control contractor shall be final and conclusive unless within twenty days of written notification thereof an appeal is filed in the manner provided in this chapter. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.380 Animal shelters, kennels and pet shops—General requirements.

Animal shelters, kennels and pet shops shall meet the following conditions:

A. Animal housing facilities shall be structurally sound, be maintained in good repair, and shall be designed so as to protect the animals from injury and restrict the entrance of other animals.

B. Each animal shall be provided with adequate floor space to allow such animal to turn about freely and to easily stand, sit and lie in a comfortable, normal position.

C. Any electrical power shall be supplied in conformance with applicable electrical codes adequate to supply heating and lighting as may be required by this chapter.

D. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and enclosures of debris and excreta.

E. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.

F. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors and disease hazards.

G. Washroom facilities, including sinks and toilets with hot and cold water, shall be conveniently available to maintain cleanliness among animal caretakers and for the purpose of washing utensils and equipment.

H. Sick, diseased or injured animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale or adoption and kept in isolation quarters with adequate ventilation to keep from contaminating well animals.

I. There shall be an employee or keeper on duty at all times during hours any establishment is open whose responsibility shall be the care and supervision of the animals in that shop or department held for sale, adoption or display.

J. An employee, keeper or owner shall make provision to feed, water and do the necessary cleaning of animals. Puppies and kittens shall be fed and watered no less than twice every twelve hours and adult dogs and cats shall be fed and watered no less than twice every twenty-four hours.

K. No person shall misrepresent an animal to a consumer in any way.

L. No person shall knowingly give for adoption or sell a sick or injured animal without disclosing the sickness or injury to the adopter or purchaser.

M. Animals which are caged, closely confined or restrained shall be permitted daily exercise for an appropriate length of time, as determined by their size, age and species, in a yard or area suitable for that purpose. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.390 Indoor facilities—Specific conditions.

Animal shelters, kennels and pet shops which have indoor facilities for animals shall:

A. Be sufficiently heated or cooled when necessary to protect the animals from temperatures to which they are not accustomed, taking into consideration their age, size and species;

B. Be adequately ventilated to provide for the health of the animals and to remove foul odors therefrom. The ventilation system so utilized shall be designed so that the volume of air within any enclosed indoor facility or part thereof shall be replaced by fresh air three or more times per hour. If ventilation equipment is used, it shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts;

C. Have ample light, either natural or artificial, or both, of good quality and well distributed to provide for such illumination as is necessary to inspect and clean during the entire working period. Such facilities shall be placed as to protect animals from excessive illumination. Sufficient lighting shall additionally be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers;

D. Have interior walls, ceiling and floor surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with sealant or with paint. Floor surfaces shall not be made of unsealed wood. Interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris;

E. Contain a suitable method of drainage to facilitate the rapid elimination of excess water under any weather or temperature condition from indoor housing facilities. Such system shall be connected to a sanitary sewer or septic tank system which shall conform with standards of city building codes; provided, this requirement shall not apply to pet shops. If drains are used, they shall be maintained in a clean and sanitary condition, and a safe and effective disinfectant shall be used in the cleaning of such facilities;

F. Be maintained in a clean and sanitary condition, with the use of a safe and effective disinfectant in cleaning. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.400 Outdoor facilities—Specific conditions.

A. Be constructed to provide shelter from excessive sunlight, rain, snow, wind, heat, cold or other elements;

B. Be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein;

C. Contain a suitable system of drainage and be constructed to prevent an accumulation of water, mud, debris, excreta or other material and capable of being kept clean and sanitary and shall be so kept;

D. Be enclosed by walls or fences sufficient to keep animals within and to prevent entrance of other animals. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.410 Kennels and pet shops—Recordkeeping requirements.

Each kennel or pet shop shall prepare, maintain and make available to the designated animal control agent a current record of all dogs auctioned off, sold, let or otherwise disposed of and a current record of all dogs born within such facility or acquired from other sources. Such records shall include the origin, the age and type of dog, and the name and address of the transferee or transferrer. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.420 Kennels and pet shops—Inspection authority.

The animal control agency shall have the authority to enter and inspect the premises of a kennel or pet shop licensed pursuant to this chapter at reasonable times to determine whether such facility is being operated in compliance with the provisions of this chapter. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.430 Personal obligation of animal owner.

Criminal penalties, civil penalties, redemption fees or costs of abatements are personal obligations of the animal owner or custodian or facility owner. There is a rebuttable presumption that one is an animal owner if one has applied to license or register the animal, that one is the animal’s custodian if the animal is in one’s possession, and that one is the owner of a facility if one has applied to license the facility. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.440 Habitual violator.

In addition to any other legal remedies available under the provisions of this chapter, a designated animal control agent for the city may notify and direct in writing the owner or custodian of any animal which is the subject of more than three criminal and/or civil citations in any twelve-month period to abate and remove such animal from the city within ninety-six hours from the date of such notice, or such directive may provide in the alternative abatement and transfer of ownership and possession of the animal to another person not living at the same place of residence. The notice to abate shall state that such order is appealable to the municipal court and that such appeal must be filed before closure of the court on the second business day following service of the notice after ninety-six hours have elapsed from the date and hour of notice, or the date and hour of affirmance of such order if a timely appeal is filed, such animal shall be abated and removed by the designated animal control agent by impoundment, subject to all impoundment and redemption procedures; provided, however, such animal may not be returned to the same residence or property from which it was impounded or at which it resided. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)

6.04.445 Civil infraction—Penalties.

Except as provided in Section 6.04.450, all matters declared to be unlawful or an offense in this chapter or any violation thereof are hereby declared a public nuisance and a Class 1 civil infraction and enforceable as provided in Chapter 1.40. Each such incident shall constitute a separate and distinct violation for the purposes of imposing civil penalties. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3359 § 1, 1997; Ord. 3310 § 1, 1996)

6.04.450 Violation—Penalty.

The following violations of this chapter are criminal misdemeanor offenses punishable as provided in Chapter 1.40.

A. Section 6.04.150, Animal control agent—Obstruction unlawful;

B. Section 6.04.252, Dangerous or potentially dangerous dogs—Compliance with state law required—Registration—Fees;

C. Section 6.04.257, Dangerous dogs—Requirement for restraint—Dogs not declared dangerous;

D. Section 6.04.265, Penalties for owners of dogs which attack—Entry in dogfights;

E. Section 6.04.280, Cruelty to animals. (Ord. 4003 § 2 (Exh. A), 2024; Ord. 3704 § 1, 2009; Ord. 3310 § 1, 1996)