Chapter 6.04
ANIMAL CONTROL

Sections:

6.04.010    Definitions.

6.04.015    Number of dogs.

6.04.020    License requirements.

6.04.030    License tag required.

6.04.040    Change in ownership.

6.04.050    Dogs at large.

6.04.060    Abandoned dogs.

6.04.070    Dog waste matter.

6.04.080    Dogs causing public nuisances.

6.04.090    Biting dogs.

6.04.100    Keeping a dangerous dog.

6.04.110    Keeping a vicious dog.

6.04.120    Dangerous or vicious dogs—Destruction authorized when.

6.04.130    Dead dogs—Removal of carcasses.

6.04.140    Tethering dogs.

6.04.160    Impounding of dogs.

6.04.170    Notice of impoundment required—Form.

6.04.180    Impound fees.

6.04.190    Impounding regulations—Disposition of impounded dogs.

6.04.200    Biting dogs—Impoundment and/or quarantine.

6.04.210    Dogs exhibiting symptoms of rabies.

6.04.220    Sale of impounded dogs—Disposition of proceeds.

6.04.230    Impoundment and disposition of other animals.

6.04.240    Animal control officer—Authority and duties.

6.04.250    Interference with the animal control officer.

6.04.255    Interference with police dogs.

6.04.260    Animal control officer—Right of entry.

6.04.270    Enforcement.

6.04.280    Violation—Penalty.

6.04.010 Definitions.

As used in this chapter, unless the context otherwise indicates, the following terms shall mean:

(a)    “Animal control officer” means any person or agency designated by the mayor, police chief or city administrator as an individual or law enforcement officer who is authorized to implement the provisions of this chapter.

(b)    “Animal shelter” means any facility operated by municipal agency, or its authorized agent, for the purpose of impounding or caring for dogs or other animals held under the provisions of this chapter.

(c)    “Dangerous dog or animal” means any dog or other animal that damages private property other than that of the owners, or chases passing persons or vehicles.

(d)    “Dog” has its ordinary meaning and means and includes both male and female gender, natural or sterilized.

(e)    Harboring. Any occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for a period of five days or more, is presumed to be harboring or keeping the animal within the meaning of this chapter.

(f)    “Leash” means and shall include a rope, cord, thong, or chain, not more than eight feet in length, by which a dog is controlled by the person accompanying it.

(g)    “Other animal” means any live, vertebrate, warm-blooded creature, domestic or wild, excluding dogs and domesticated cats.

(h)    “Owner” means any person over eighteen years of age, partnership or corporation owning, keeping, possessing, harboring or having custody of a dog or other animal.

(i)    “Premises” means and includes all the real property under the control of either the owner or occupant, inside the inner line of a sidewalk, or, if there is no sidewalk, inside the curb, ditch or shoulder marking the edge of the public right-of-way, and shall include inside a closed motor vehicle.

(j)    “Restraint.” A dog is under restraint when it is secured by a leash or lead, and under control of a responsible person accompanying it; or securely located on the real property limits of its owner or keeper.

(k)    “Vicious dog or other animal” means any dog or other animal that has the propensity to bite or attack any person or other animal without provocation and the capacity to inflict serious harm on that person or other animal, shall be regarded as vicious. It shall be presumed that any dog or other animal which has, without provocation, bitten, attacked or otherwise caused bodily harm to a person or other animal two times within any one-year period shall be deemed vicious. (Ord. 1051 § 1, 2000: Ord. 897 § 8, 1993; Ord. 736 § 1, 1985).

6.04.015 Number of dogs.

(a)    Limit. The maximum number of dogs for each dwelling or lot is limited to three over the age of four months.

(b)    Exceptions to Limit.

(1)    Kennel Permit. More than three dogs is permitted for commercial kennels as defined in Section 17.09.430 upon issuance of a permit pursuant to Section 17.56.125.

(2)    Residential Foster Dog Permit. Up to five dogs (three dogs plus two foster dogs) is permitted with a current residential foster dog permit obtained pursuant to Section 17.56.175.

(3)    Existing Pets. Any family possessing or keeping more than three licensed dogs over the age of four months at the time of adoption of the ordinance codified in this section, or who has applied for and been denied a license for such a dog because of the temporary moratorium on licensing more than three dogs per household at the time of adoption of the ordinance codified in this section, may maintain those same dogs and is exempt from this section; provided, however, that the same number or population shall not increase and that in the event the same number or population decreases it shall remain at the decreased number or population and shall not increase. The intent is that people who currently have household pets in excess of the maximum limit may continue to own such pets until those pets die or are sold, transferred or otherwise re-homed. Once those pets have died and/or are sold, transferred or otherwise re-homed, their number shall not be replaced so that the future compliance with the maximum limit will be achieved through natural attrition.

(c)    Limit on Number of Litters. The maximum number of litters per calendar year per residence is three unless a commercial kennel license is obtained pursuant to Section 17.56.125. (Ord. 1339 § 1, 2011).

6.04.020 License requirements.

Thirty days after establishing residence within Othello city limits, any person owning, keeping or harboring any dog shall be required to purchase a license for each dog according to the following provisions:

(a)    License shall be required when any dog has reached four months of age, or has developed a set of permanent canine teeth, whichever occurs first.

(b)    Certificate of rabies vaccination, valid for the license year, must be presented to licensing agency before license shall be issued.

(c)    Application for such license shall be made upon forms provided by Adams County Pet Rescue. The application shall include the name, address, phone number, date of birth or driver’s license number of the owner or keeper, and the name, breed, color, age and sex of the dog. A registration list of the dog license numbers shall be maintained by the animal control officer.

(d)    Annual licensing shall be required for each dog, and shall be issued annually by Adams County Pet Rescue beginning January 1st each year; and shall be valid until December 31st, inclusive.

(e)    The annual license fee for each dog shall be as follows:

(1)    For licenses purchased through January 31st, fifteen dollars;

(2)    For a license purchased February 1st, and after, thirty dollars.

(f)    If the purchaser of a license declares, under penalty of perjury, or provides documentation from a veterinarian, that the dog to be licensed is either spayed or neutered, the annual license fee shall be as follows:

(1)    For a license purchased through January 31st, six dollars;

(2)    For a license purchased February 1st, and after, ten dollars.

(g)    Dogs owned or kept by nonresidents of the city shall not be kept within the city limits for a period exceeding thirty days without being licensed.

(h)    Adams County Pet Rescue will have the option to offer the reduced rate license fee for a designated one time per year, special event in conjunction with a rabies vaccination clinic. (Ord. 1508 § 1, 2018: Ord. 1396 § 1, 2014: Ord. 1025-A § 1 (part), 1998: Ord. 897 § 2, 1993; Ord. 736 § 2, 1985).

6.04.030 License tag required.

(a)    Each licensed dog shall be provided, by the owner, with a suitable collar or harness which shall be worn at all times. To such collar or harness shall be affixed a license tag provided by the city for each license year. The license tag shall bear the words “City of Othello,” the license number, and the expiration date of the license. It is unlawful for any person other than the owner, his agent or a city official to remove the license tag from the dog.

(b)    Any owner of a licensed dog whose current license tag has been lost may obtain a replacement tag, prior to impounding of such animal, by payment of a one-dollar fee. (Ord. 897 § 3, 1993; Ord. 736 § 3, 1985).

6.04.040 Change in ownership.

Whenever the ownership of a dog shall change, the new owner shall notify the city clerk’s office and pay the license fee. The city clerk’s office shall then change the record accordingly for such dog, and the previously issued license for the dog shall remain valid for the remainder of the license year. (Ord. 897 § 4, 1993: Ord. 736 § 4, 1985).

6.04.050 Dogs at large.

It is unlawful for any person to cause, permit or allow any dog owned, harbored, controlled or kept by any person in the city, to roam, run or stray away from the premises where such dog is owned, harbored, controlled or kept. While residents and dogs are away from such premises, such dog shall be controlled, at all times, by means of a leash not exceeding eight feet in length, by the owner or some duly authorized competent person. Such a leash or chain is not required for any dog when safely and securely confined or completely confined while in or upon any motor vehicle. This section shall not apply to dogs which are in special areas which may be designated by the city of Othello as dog training areas, so long as the regulations of the city of Othello, with respect to the use of such areas, are complied with and such dogs are under the custody and control of a competent trainer. (Ord. 736 § 5, 1985).

6.04.060 Abandoned dogs

No owner or person harboring a dog shall permit his/her dog to be abandoned, or left without supervision for a period exceeding twenty-four hours. Any police officer or animal control officer may provide food and water to and/or impound the abandoned dog. The owner shall reimburse the city for all expenses incurred for such services. If the dog is impounded, notice of impoundment under this section shall be posted, as soon as practical, at the residence or mailed to the owner; or, if the owner of the dog is unknown, to the address at which the dog was found. (Ord. 736 § 7, 1985).

6.04.070 Dog waste matter.

It shall be unlawful for the owner of any dog to allow such dog to deposit solid waste on any improved property other than that of the owner’s. It shall be a defense to this section if the owner of the dog immediately removes the solid waste matter. (Ord. 736 § 11, 1985).

6.04.080 Dogs causing public nuisances.

(a)    Causing Nuisance by Noise. The keeping or harboring of any dog which by frequent or habitual howling, yelping, barking or the making of any other noises, shall annoy or disturb any person or persons residing in the vicinity, shall be prohibited.

(b)    Female Dog Causing Nuisance. Any female dog creating a nuisance while in a period of heat, by not being suitably penned and isolated, upon written complaint by any person offended thereby, or at the discretion of the animal control officer or a police officer, shall be picked up, restrained and impounded from wherever found to be creating such nuisance, not excluding private premises. (Ord. 736 § 10, 1985).

6.04.090 Biting dogs.

(a)    Reporting of Biting Dogs. The owner of any dog which has bitten any person, or any person who is bitten by a dog, or any doctor, veterinarian, hospital employee or any other person who has information that a person has been bitten by a dog, shall immediately notify the animal control officer or a member of the police department. Such person shall provide the following information to said authorities:

(1)    Name and address of owner of dog, if known;

(2)    Name and address of the person who was bitten;

(3)    A description of the dog; and

(4)    Time and circumstances of such bite.

(b)    Liability for Damages Caused by Biting Dogs. The owner of any dog which shall bite any person while such person is in or on any public place or lawfully in or on any private place, including the property of the owner of such dog, shall be liable for any damages, which may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness. (Ord. 736 § 12, 1985).

6.04.100 Keeping a dangerous dog.

No person, firm, association or corporation who owns, keeps, harbors or has in his possession, care, custody or control a dangerous dog, shall allow such dog to come into contact with the public. A dangerous dog which has been in contact with the public may be impounded by the animal control officer or any police officer, and disposed of in accordance with the impoundment and disposition of dogs provisions of this chapter, except, that before a dangerous dog is released, the court must enter findings that the proper precautions will be taken to ensure the health and safety of the public. (Ord. 736 § 8, 1985).

6.04.110 Keeping a vicious dog.

The owner of a dog which has been classified as being vicious, shall be notified by proper authorities that said dog has been so classified. It shall thereafter be unlawful for the owner to allow such dog to be away from the owner’s premises unless securely muzzled and leashed and controlled by a person at least fourteen years of age and physically capable or restraining and controlling such dog. When on the owner’s premises, such dog must be secured so that it is unable to reach mail carriers, delivery persons, or other persons who may have occasion to enter the owner’s premises in the course of their lawful work. A vicious dog may be impounded by the animal control officer or any police officer, and disposed of in accordance with the provisions of this chapter for the impoundment and disposition of dogs. (Ord. 736 § 9, 1985).

6.04.120 Dangerous or vicious dogs—Destruction authorized when.

Any dangerous or vicious dog running at large which, because of its disposition or diseased condition, is too hazardous to apprehend, may be destroyed by the animal control officer, any police officer, or by any person acting in defense of himself, his family or another person. (Ord. 736 § 13, 1985).

6.04.130 Dead dogs—Removal of carcasses.

No person shall permit any dogs carcass owned by him or under his control, to remain upon any public street, sidewalk, alleyway or public right-of-way or to be exposed on any private property for a period time longer than is reasonably necessary to remove or dispose of such carcass. (Ord 736 § 13, 1985).

6.04.140 Tethering dogs.

No person shall attach any dog by use of any device to any of the following:

(a)    Any tree, pole, parking meter, sign, building, fire hydrant, building or other object on a public street, alleyway parking lot, sidewalk, or public right-of-way;

(b)    Any object on premises other than his own, without permission of the owner of such premises;

(c)    Any object on private premises, in a manner which would allow the dog to have access to any public street, sidewalk or right-of-way. (Ord. 736 § 14, 1985).

6.04.160 Impounding of dogs.

Any dog found without a license or running at large in violation of the provisions of this chapter, is hereby declared to be a public nuisance, and shall be picked up and impounded by the animal control officer or any police officer. The animal control officer shall, upon impounding any dog, make a complete registry entering the breed, color and sex of such dog, and if the dog is licensed or not. If licensed, he shall enter the name and address of the owner and the number of the license tag. Any person whose property has been trespassed upon by any dog in violation of this chapter, may immediately apprehend the dog upon his premises until delivery to the animal control officer or any police officer. Any person who so impounds a dog shall immediately notify the animal control officer of such impoundment. (Ord. 736 § 16, 1985).

6.04.170 Notice of impoundment required—Form.

Upon the seizing and impounding of any dog, the animal control officer shall give notice of such impounding in the following manner:

(a)    If the dog is licensed and wearing a license tag, then as soon as reasonably practical after the dog is impounded, the animal control officer shall notify the owner by telephone, or otherwise, that his dog has been impounded and may be redeemed as provided in Section 6.04.180 of this chapter.

(b)    If the dog is licensed and wearing a license tag, but the owner cannot be notified under the provisions of subsection (a) of this section, or if the owner is so notified and does not appear to redeem his dog within twenty-four hours after impounding, then the animal control officer shall send by certified mail, with return receipt requested, a notice in substantially the following form:

NOTICE OF IMPOUNDMENT

TO WHOM IT MAY CONCERN: DATE:____

I have, this day, seized and impounded in the City Animal Shelter at __________, a dog described as follows:

Sex_____ Color_______ Breed________ Appx. Age_____ Other identification ____________________

Notice is hereby given that unless said dog is claimed and redeemed on or before _____o’clock ___.m. on the _____day of __________, 20_____, the same will be disposed of according to Ordinance No._____. Please contact the animal control officer at city hall for procedures required for redemption of said dog and the consequences of failure to redeem such dog.

____________________

Animal Control Officer

(c)    If the dog is unlicensed and not wearing a license tag, the animal control officer shall cause to be posted within twenty-four hours from the time of impoundment, a notice in substantially the form prescribed in subsection (b) of this section, at the city clerk’s office and the city animal shelter. (Ord. 897 ߧ 7, 9, 1993: Ord. 736 § 17, 1985).

6.04.180 Impound fees.

(a)    The owner or keeper of any impounded dog, other than those classified as dangerous or vicious, may redeem the same by providing proof of a current rabies vaccination valid for a year, displaying a valid dog license for the impounded animal and paying the city clerk’s office the impounding fee together with the boarding fee as follows:

(1) Impounded fee for each offense in any twelve-month period:

(A) First offense

$15.00

(B) Second offense

$25.00

(C) Each subsequent offense thereafter

$50.00

(2) Board fee, per day or portion thereof:

$ 5.00

(b)    If the dog is unlicensed, the license fee, along with the aforesaid fees, shall be paid to the city clerk’s office, and upon presentation of the license tag, together with the receipt for impounding and boarding fees, to the animal control officer, the dog shall be released immediately. Payment of the fees provided in this section shall be exclusive of any fines or penalties imposed upon the owner upon the conviction or violation of any provision of this chapter. (Ord. 1025-A § 1 (part), 1999; Ord. 897 § 6, 1993: Ord. 736 § 18, 1985).

6.04.190 Impounding regulations—Disposition of impounded dogs.

(a)    The police department and animal control officer shall keep any dog impounded for the period of time hereinafter specified. A daily record of such dogs shall be kept at the place of impoundment and shall be made available to the public. It shall, however, be the sole responsibility of the dog owner to ascertain that his or her dog has been impounded. The animal control officer shall, except as set forth in subsection (c) hereafter, dispose of such dogs in accordance with the following provisions:

(1)    An unlicensed dog, for which the owner is unknown, which has not been redeemed within three days, excluding holidays, after impoundment may be destroyed.

(2)    A licensed dog, for which the owner is known, which has not been redeemed within not less than five days, nor more than thirty days, excluding holidays, after notification of the owner by telephone, or by certified mail of the notice of impoundment, may be destroyed.

(b)    The animal control officer may elect to sell the dog to defray all or part of the expenses of boarding it, or to release the dog to any person or organization as the animal control officer may see fit. The animal control officer may also require the owner of a licensed dog, who the animal control officer is unable to contact by phone or by certified notice of impoundment, or who has been notified but refuses to reclaim or consent to the destroying of the dog, to pay for the boarding of the dog in the city animal shelter at the scheduled per-day fee until the dog is destroyed. The city may enforce this subsection in a civil action.

(c)    A dog impounded under this chapter shall not be disposed of if its owner or his agent requests a hearing as provided in this subsection prior to the date the dog has been disposed of as authorized in this chapter, and the dog is ordered released by the court. In the event of a hearing at which the city prevails, the dog shall be humanely destroyed. The person requesting the hearing shall be liable to the city for the costs of impounding and keeping the dog as provided in this chapter. Requests for such hearing shall be filed with the Adams County District Court, Othello Precinct by the dog owner or his agent with a copy served upon the clerk-administrator or his designee and shall be made on a form which shall read substantially as follows:

IN THE DISTRICT COURT FOR ADAMS COUNTY, OTHELLO PRECINCT

IN RE THE CONFISCATION OF A DOG NAMED:

)

)

)

No.:__________

_________________

)

Request for Dog

Dog’s name and description

)

)

Confiscation

Hearing

_________________

)

 

Owner’s name

)

 

I, _______________, as owner or the

    (full name)

owner’s agent of a: ____________________

        (dog’s name and description)

Request a hearing to contest its confiscation. The dog is currently being held at the City impoundment facility. I understand that if I fail to appear at the time set by the Court for hearing, the dog shall be humanely destroyed by the City.

________________________

        Signature of owner or agent

        Address

        Telephone number

(Ord. 835 § 1, 1990: Ord. 736 § 19, 1985).

6.04.200 Biting dogs—Impoundment and/or quarantine.

(a)    When the animal control officer receives a report that any person, another dog, or another animal has been bitten by a dangerous or vicious dog, such dog shall forthwith be impounded by the animal control officer or any police officer. The owner of such dog or the person in possession thereof, shall surrender said dog to the animal control officer or police officer. The dog shall be impounded and quarantined at the city animal shelter for a period of no less than ten days or for such period as determined by the animal control officer. The impoundment will be at the expense of the owner. The animal control officer may declare such dog to be vicious or dangerous and further release and disposition of such dog shall be at the direction of the animal control officer.

(b)    Any dog that is not declared as being dangerous or vicious, which bites any person, another dog, or other animal, shall be quarantined for a period of ten days as follows:

(1)    If, in the judgment of the animal control officer or police officer, the owner can properly secure the biting dog on the owner’s premises in a manner which would prevent the dog from being in contact with any person or another dog, or other animal, the biting dog may be left with the owner.

(2)    If, in the judgment of the animal control officer or police officer, the dog cannot be secured as aforementioned on the owner’s premises, or if the owner does not agree to keeping the dog in such secured location on his premises, the dog will be impounded at the city animal shelter, at the expense of the owner, or at the another suitable location as determined by the animal control officer. (Ord. 736 § 20, 1985).

6.04.210 Dogs exhibiting symptoms of rabies.

(a)    When either the animal control officer or the department of public health and sanitation has grounds to suspect that a dog is infected with the disease of rabies, there shall be delivered to the owner of such dog a written notice thereof. The biting of any person, another dog, or other animal shall constitute grounds for suspecting the dog to be so infected. The delivery of said notice to a member of the owner’s family, fourteen years of age or older, at the premises where such dog is kept, or at the owner’s usual place of abode, shall be considered a delivery of the notice to the owner. Upon such notification, the owner of such dog, or the person in possession thereof, shall forthwith be required to quarantine such dog for ten days in the same manner as specified in Section 6.04.200 of this chapter.

(b)    No person shall unnecessarily kill, or cause to be killed, any dog suspected of being rabid, except after such dog has been placed in quarantine and the diagnosis of rabies has been made by a licensed veterinarian. Upon diagnosis of rabies by a licensed veterinarian, the dog so diagnosed shall be humanely killed, and the head of such dog shall be submitted to the Washington State Public Health Laboratory for pathological examination and confirmation of the diagnosis. Any other dog or other animal that has been bitten by a dog proved to be rabid shall be destroyed. Destruction of any dog proved to be rabid, or any other dog or other animal which has been bitten by such dog, shall be at the direction of the animal control officer. (Ord. 736 § 21, 1985).

6.04.220 Sale of impounded dogs—Disposition of proceeds.

In the event the animal control officer, after the expiration of the period of redemption as specified in Section 6.04.180 of this chapter, elects to exercise his right to sell impounded dogs, the proceeds from such sale shall first be applied to the costs incurred from impoundment and care, then to the cost of licensing the dog. Any remaining balance of such proceeds shall be deposited with the city treasurer. The city treasurer shall hold such funds for a period of six months, during which time any person who shall present sufficient credible evidence of ownership of such dog may be enTitled to redeem the remainder of such proceeds. If there has been no redemption of the balance of such proceeds within six months of the date of sale, the city treasurer shall deposit said funds into the general funds of the city. (Ord. 736 § 22, 1985).

6.04.230 Impoundment and disposition of other animals.

(a)    Any other animals, either domestic or wild, excluding domestic cats, not covered by the above sections of this chapter, that are found within the city limits to be roaming or straying away, abandoned, running at large, off the premises of the owner and not under direct control of the owner or his agent or found causing damage to personal or private property other than that of the owner or occupant, or in any manner causing or creating a dangerous or hazardous condition to the public, may be impounded by the animal control officer or any police officer.

(b)    Upon the seizing and impounding of any such animal, the animal control officer shall give notice of such impoundment in the following manner. The animal control officer shall cause to be posted at the animal shelter and the police department within twenty-four hours from the time of impoundment, a notice stating the time of impoundment, a description of the specie, breed and sex, and approximate age of the impounded animal.

(c)    If after five days, excluding holidays, the animal control officer is unable to contact the owner of the impounded animal either by phone or written notice, and the owner fails or refuses to redeem the animal within the five-day waiting period, the animal may be destroyed in a humane manner by the animal control officer.

(d)    It shall, however, be the entire responsibility of the animal owner to ascertain that his or her animal has been impounded. Any fees or charges incurred in the capture, impoundment and/or destruction of any such animal shall be the liability of the owner of the animal.

(e)    Any animal found in violation of this section, which because of its disposition or diseased condition is too dangerous to apprehend, may be destroyed by the animal control officer or any police officer. (Ord. 736 § 23, 1985).

6.04.240 Animal control officer—Authority and duties.

(a)    There is established an office of the animal control officer for the city. The animal control officer shall be appointed by the mayor, shall be under direct supervision of the city administrator, and shall have the power and responsibility to restrain and impound dogs or other animals in accordance with the provisions of this chapter. The animal control officer shall be general supervision of, and be responsible for, the management of the city animal shelter.

(b)    The animal control officer shall make public reasonable rules and regulations for the maintenance, conduct and operation of the animal shelter. The animal control officer shall destroy any dog or other animal, in a humane manner, at the written request of the owner. The fee for such destruction shall be ten dollars. (Ord. 897 § 7, 1993: Ord. 736 § 24, 1985).

6.04.250 Interference with the animal control officer.

It shall be unlawful for any person to take or attempt to take from the animal control officer or any police officer, any dog or other animal seized by him in compliance with this chapter, or in any manner interfere with or hinder the animal control officer, or his assistant, in the discharge of his duties under this chapter. (Ord. 736 § 25, 1985).

6.04.255 Interference with police dogs.

It is a gross misdemeanor for any person to wilfully tease, taunt, torment, strike, kick, mutilate, disable, or otherwise injure or kill, or to interfere or meddle with any dog while such animal is being utilized by the city of Othello’s police department, or any deputy, in the performance of any function or duty of said department, or such police officer or employee. (Ord. 695, 1984).

6.04.260 Animal control officer—Right of entry.

While in the course of the duties of enforcing the terms of this chapter, the animal control officer, or any police officer, may make reasonable and necessary entry upon any privately owned premises, to pursue, restrain or capture any dog or other animal which is at large, or in any other violation of this chapter. (Ord. 736 § 26, 1985).

6.04.270 Enforcement.

Any police officer of the city of Othello is authorized to aid the animal control officer in the enforcement of this chapter. Nothing in this chapter shall be deemed to prevent any police office from seizing any dog or other animal violating this chapter and delivering such dog or other animal to the city animal shelter. In the absence of the animal control officer, it shall be the duty of the chief of police to enforce the terms of this chapter.

6.04.280 Violation—Penalty.

Any person or persons violating any provisions of this chapter shall be deemed to have committed a civil infraction and shall be subject to a civil penalty of not less than twenty-five dollars nor more than two hundred dollars. If any violation is continuing, each day’s violation shall be deemed as a separate violation. (Ord. 1105 § 1, 2001: Ord. 736 § 28, 1985).