Chapter 6.02ANIMAL CONTROL - GENERAL PROVISIONS

Sections:

6.02.010
Definitions.
6.02.020
Authorized Agents May Perform Duties.
6.02.030
Authority to Pursue.
6.02.040
Notice of Impounding Animal.
6.02.050
Hindering an Animal Control Officer.
6.02.060
Interference with Impounding.
6.02.070
Redemption of Dogs.
6.02.080
Redemption of Cats or Other Animals.
6.02.085
Mandatory Spay/Neuter for Impounded Dogs and Cats - Deposit - Refund - Exception.
6.02.086
Animal Waste/Owner Responsibility.
6.02.090
Injured or Diseased Animals.
6.02.100
Duties Upon Injury or Death to an Animal.
6.02.110
Poisoning of Animals.
6.02.120
Abatement of Nuisances.
6.02.130
Penalty for Violation.
6.02.010Definitions.

As used in this Title, the following terms shall have the following meanings:

A. “Adult” means any animal over the age of seven months.

B. “Animal” means and includes female, spayed female, male and neutered male animals, excepting any goat, horse, mule, cattle, swine, ass, or other livestock, and excepting any dog or cat.

C. “Animal Control Agency” means that animal control organization authorized by the City of Lakewood to enforce its animal control provisions.

D. “Animal Control Officer” means any individual employed, contracted or appointed by the City of Lakewood for the purpose of enforcing this title or any other state or local codes or regulations relating to animal control, animal licensing, and/or animal impounding.

E. “Animal Shelter” means the animal control facility authorized by Pierce County or such other shelter as may be authorized by the City.

F. “At large” means off the premises of the owner or keeper of the dog, cat, or animal, and not under restraint by leash or chain by a competent person.

G. “Cat” means and includes female, spayed female, male and neutered male cats.

H. “Competent person” means a person who is able to sufficiently care for, control, and restrain his/her dog, cat, or other animal, and who has the capacity to exercise sound judgment regarding the rights and safety of others.

I. “Court” means the court which has jurisdiction over the animal control matters involved, and could refer to either a court of limited jurisdiction of the Pierce County Superior Court unless a specific court is indicated.

J. “Dangerous Dogs” means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner's property, or (c) 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.

K. “Dog” means and includes female, spayed female, male and neutered male dogs.

L. “Dog Guide” means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.

M. “Humane trap” means a live animal box enclosure trap designed to capture and hold an animal without injury.

N. “Impound” means to receive into the custody of the animal shelter, or into the custody of authorized agent or representative.

O. “Juvenile” means any animal from weaning to seven months of age.

P. “Misdemeanor” means a criminal offense with a maximum penalty of 90 days in jail or a fine of $1,000.00 or both.

Q. “Owner” means any person, firm, or corporation owning, having an interest in, or having control or custody or possession of any dog, cat, or animal.

R. “Potentially Dangerous Dog” means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds or private property 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 otherwise to threaten the safety of humans or domestic animal on any public or private property.

S. “Securely enclosed and locked” means a pen or structure which has secure sides and a secure top. If the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot.

T. “Service Animal” means an animal of any type that has been trained at a recognized school or training facility for the purpose of assisting or accommodating a disabled person’s sensory, mental or physical disability.

U. “Unconfined” means not securely confined indoors or in a securely enclosed and locked pen or structure upon the premises of the person owning, harboring or having the care of the animal.

V. “Infraction” means a civil (non-criminal) violation with penalties as defined in Section 1.48.010 of the City Code. (Ord. 360 § 2, 2004; Ord. 319 § 1, 2003; Ord. 313 § 1, 2003; Ord. 205 § 1, 1999; Ord. 40 § 1 (part), 1996.)

6.02.020Authorized Agents May Perform Duties.

Wherever a power is granted to or a duty imposed upon the City Manager or to the City's law enforcement agency, the power may be exercised or the duty may be performed by such person or persons as are authorized or delegated by City Manager or by the appropriate representative(s) of the City's law enforcement agency. (Ord. 40 § 1 (part), 1996.)

6.02.030Authority to Pursue.

Those employees or agents of the City charged with the duty of seizing dogs, cats, or other animal running at large may pursue such dogs, cats, or other animals onto City-owned property, vacant property, and unenclosed private property, and seize, remove, and impound the same. (Ord. 40 § 1 (part), 1996.)

6.02.040Notice of Impounding Animal.

Upon the impoundment of any dog, cat, or other animal under the provisions of this Title, the responsible animal control employee or agent shall immediately notify the owner, if the owner is known, of the impounding of such dog, cat, or other animal, and of the terms upon which said animal can be redeemed. The impounding authority shall retain said dog, cat, or other animal for forty-eight hours following actual notice to the owner. The notifying of any person over the age of eighteen who resides at the owner’s domicile shall constitute actual notice to the owner. If the owner of said dog, cat, or other animal so impounded is unknown, then said responsible animal control employee or agent shall make a reasonable effort to locate and notify the owner of the impounding of said dog. (Ord. 40 § 1 (part), 1996.)

6.02.050Hindering an Animal Control Officer.

It shall be unlawful for any person to interfere with, hinder, delay, or impede any responsible animal control employee, agent or law enforcement officer who is enforcing the provisions of this Title as herein provided. (Ord. 40 § 1 (part), 1996.)

6.02.060Interference with Impounding.

It is unlawful for any person to willfully prevent or hinder the impounding of any dog, cat, or other animal, or to remove, by force or otherwise, any dog, cat, or other animal from the animal shelter without authority of the person in charge of the animal shelter, or without payment of all lawful charges against such dog, cat, or other animal, or to willfully resist or obstruct any animal control employee or agent in the performance of any official animal control duty. (Ord. 40 § 1 (part), 1996.)

6.02.070Redemption of Dogs.

The owner of any dog impounded under this Chapter may redeem said dog within forty-eight hours from time of impounding by paying to the Animal Control Agency a redemption fee of $50.00 for the first time impounded within any twelve month period. A redemption fee of $75.00 for any subsequent impound within any twelve month period shall be collected. If a dog is wearing a current pet license at the time of the first such impound, no redemption fee shall be collected. In addition to the redemption fee, the redeemer shall pay, as a boarding charge for the caring and keeping of such dog, the sum of $5.50 per day for each day, including the first and last days, that the dog is retained by the impounding authority. This boarding charge will be collected for all dogs retained by the impounding authority, including dogs wearing a current pet license at the time of their first impound within any twelve month period. The redemption fee shall be paid to the City of Lakewood. It is provided, however, that if the dog is not currently licensed, the owner must obtain a valid, current license for the dog prior to redemption, and that prior to the redeemed dog being released to the owner, said owner must show a receipt or other satisfactory proof that all redemption fees and/or licensing fees have been paid in full. If such dog is not redeemed by the owner within forty-eight hours, then any person may redeem it within the next forty-eight hours by complying with the above provision, and in case such dog is not redeemed at the end of such time, it may be humanely destroyed or otherwise disposed of within the discretion of the Animal Control Agency. (Ord. 270 § 1 (part), 2001; Ord. 260 § 1, 2001; Ord. 149 § 1, 1997; Ord. 40 § 1 (part), 1996.)

6.02.080Redemption of Cats or Other Animals.

The owner of any cat or other animal impounded under the provisions of this Chapter may redeem it within forty-eight hours from the time of impounding by paying to the animal control agency a redemption fee of $15.00. In addition to the redemption fee, the redeemer shall pay, as a boarding charge for the caring and keeping of such cat or animal, the sum of $4.00 per day for each day, including the first and last days, that the cat or other animal is retained by the impounding authority. If such cat or other animal is not redeemed by the owner within forty-eight hours, it may be humanely destroyed or otherwise disposed of at the discretion of the animal control agency; provided, however, that any cat or other animal so impounded less than two months of age, at the discretion of the animal control agency, may be humanely destroyed or otherwise disposed of at any time after impounding. (Ord. 40 § 1 (part), 1996.)

6.02.085Mandatory Spay/Neuter for Impounded Dogs and Cats - Deposit - Refund - Exception.

A. Mandatory Spay/Neuter - Deposit. No unaltered dog or cat that is impounded more than once in any twelve month period may be redeemed by any person until the sum of $35.00 is deposited with the Animal Control Agency to cover the cost of spaying or neutering the animal.

B. Refund. The alteration deposit shall be refunded upon a showing of proof of alteration from a licensed veterinarian.

C. Exception. The alteration deposit shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian that the spay or neuter procedure would be harmful to the animal. (Ord. 260 § 2, 2001; Ord. 40 § 1 (part), 1996.)

6.02.086Animal Waste/Owner Responsibility.

A. It shall be unlawful for the owner or person having charge of any animal to permit, either willfully or by failure to exercise due care, such animal to commit a public nuisance by defecating in any area of the City other than the premises of the owner or person having charge or control of the animal, unless said owner or person having charge takes immediate steps to remove and properly dispose of said feces.

B. It shall be unlawful for the owner or person having charge of any animal to take said animal off the private property of said person without having in the possession of the owner or person having charge of the animal, a proper means of disposal for the feces of the animal.

C. “Disposal” is defined, for the purpose of this section, as the removal of feces by means of a bag, scoop or other device and an eventual disposal in a trash receptacle, by burying or by other means of lawful disposal.

D. Violation of this Section shall constitute a civil infraction punishable by a fine in an amount not to exceed $75.00 for the first offense, a fine in an amount not to exceed $125.00 for the second offense and a fine in an amount not to exceed $250.00 for the third and all subsequence offenses. (Ord. 360 § 1, 2004.)

6.02.090Injured or Diseased Animals.

Any dog, cat, or other animal suffering from serious injury or disease may be humanely destroyed by the animal control agency; provided, that the animal control agency shall immediately notify the owner, if the owner is known, and if the owner is unknown, make a reasonable effort to locate and notify the owner. (Ord. 40 § 1 (part), 1996.)

6.02.100Duties Upon Injury or Death to an Animal.

The operator of a vehicle involved in an accident resulting in injury or death to a dog, cat, or other animal, shall immediately stop the vehicle at or as near to the scene of the accident as possible, and return thereto, and shall give to the owner or other competent person having custody of the animal, the name and address of the operator of the vehicle and the registration number of the vehicle involved in the accident. If the owner or other competent person is not the person at the scene of the accident, the operator shall take reasonable steps to locate the owner or custodian of the said animal and shall supply the information hereinabove required. If the animal is injured to the extent that it requires immediate medical attention and there is no owner or custodian present to look after it, the operator of said vehicle shall immediately report the situation to the law enforcement agency for the City of Lakewood. This code section will be enforced separately from traffic violations and compliance with this section is not an admission of fault for the accident. (Ord. 360 § 3, 2004; Ord. 40 § 1 (part), 1996.)

6.02.110Poisoning of Animals.

No person shall place or expose or cause to be placed or exposed in any yard or lot of vacant or enclosed land, or on any exposed place or public place, or on any street, alley, or highway, or other place where the same may be taken internally by a child, person, or by any dog, cat, domestic animal, or fowl, any poisonous substance which, if taken internally may cause death or serious sickness. The provisions of this Section shall not apply to the killing by poison of any dog, cat, domestic animal, or fowl in a lawful and humane manner by its owner or by a duly authorized agent of such owner or by a person acting pursuant to instructions from a duly constituted public authority. (Ord. 40 § 1 (part), 1996.)

6.02.120Abatement of Nuisances.

Any person convicted of a misdemeanor or infraction for violating any of the provisions of this Title in the keeping of maintenance of any nuisance as herein defined shall, in addition to any fine or imprisonment imposed by the Court in such action, be ordered to forthwith abate and remove the nuisance; and if the same is not done by the offender within twenty-four hours, the same shall be abated and removed under the direction the officer authorized by the order of said Court, which order of abatement shall be entered upon the docket of the Court and made a part of the judgment in the action. Any such person shall be liable for all costs and expenses of abating the same when the nuisance has been abated by any officer or authorized representative of the City or the animal control agency, which costs and expenses shall be taxed as part of the costs of the prosecution against the party, liable to be recovered as other costs are recovered; and in all cases where the officer or representative is authorized by the Court, shall abate any nuisance and he/she shall keep an account of all expenses attending the abatement; and in addition to the other powers herein given to collect the costs and expenses, the City may bring suit for the same in any Court of competent jurisdiction against the person keeping or maintaining the nuisance so abated. (Ord. 205 § 2, 1999; Ord. 40 § 1 (part), 1996.)

6.02.130Penalty for Violation.

A person who violates any of the provisions of Sections 6.02.050, 6.02.060, 6.02.110 and 6.02.120 of this Chapter shall, upon conviction thereof, be found guilty of a misdemeanor. (Ord. 40 § 1 (part), 1996.)