Chapter 6.20
SWINE*
Sections:
6.20.030 Repealed.
6.20.040 Pig license required – Procedure.
6.20.050 Pigs must be restrained.
6.20.055 Unrestrained pigs subject to impoundment – Notice of impoundment.
6.20.060 Dangerous and potentially dangerous pigs prohibited.
6.20.070 Impoundment and bond pending appeal of dangerous or potentially dangerous pig adjudication.
6.20.080 Public nuisance prohibited – Penalty for violation.
6.20.100 Interference with enforcement of this chapter prohibited.
*For statutory provisions authorizing the regulation of domestic animals, see RCW 35.24.290(2).
6.20.010 Keeping prohibited.
It is unlawful for any person to keep live swine within the corporate limits of the city for any purpose, including, without limitation, swine kept for marketing, private consumption, FFA and 4H projects, breeding, or propagation of litters, except each household may keep as a pet one miniature pig weighing not more than 125 pounds and continuously registered with a nationally recognized miniature pig association. [Ord. 929 §1, 2015; Ord. 619 §1, 1990; 1919 Comp. §153].
6.20.020 Definitions.
As used in this chapter the following terms have the following definitions:
A. “Animal control officer” means a person designated by the city to enforce this chapter.
B. “Animal shelter” means a facility operated by the city or its authorized agents to care for pigs impounded or held by authority of this chapter or state law.
C. “Commercial sty” means a property situated on no less than 15,000 square feet of real estate maintained primarily to keep, board, train, treat, or breed two or more pigs, but not more than five adult pigs, wherein the pigs are confined or otherwise kept in such a manner so as to prevent them from leaving the property unrestrained.
D. “Impounded” means any pig shall be considered as being impounded upon seizure by the animal control officer.
E. “Household” means a home, house, apartment or other property situated on no less than 15,000 square feet of real estate where one or more pigs are kept by one or more owners or keepers of a pig or pigs.
F. “Owner, keeper or person who maintains, keeps or harbors a pig” shall be given their ordinary and usual meanings. Additionally, the terms shall include any person(s) who own(s), rent(s), or otherwise has the immediate control or possession of a home or property whereupon a pig is kept, maintained, or harbored. Proof of such control or possession shall include, but shall not be limited to, certified copies of official land title records, certified copies of current city clerk-treasurer’s records reflecting who is regularly billed for city utilities furnished to the property, and current telephone directories indicating in whose name telephone services to the property is furnished.
G. “Pig” means any pig weighing not more than 125 pounds who is continuously registered with a nationally recognized Miniature Pig Association.
H. “Potentially dangerous pig” means any pig that when unprovoked: (1) inflicts bites on a human or a domestic animal either on public or private property; or (2) chases or approaches a person upon the streets, sidewalks, or any public or private grounds, other than the grounds of the pig’s owner or keeper, in a menacing fashion or apparent attitude of attack, or any pig 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.
I. “Dangerous pig” means any pig that according to records of the animal control officer or city police: (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, the owner having received notice of such and the pig again aggressively bites, attacks, or endangers the safety of humans or domestic animals.
J. “Public nuisance” means a pig which:
1. Is running at large or otherwise not restrained as required under the provisions of this chapter;
2. Damages private or public property other than that of its owner or keeper;
3. Creates excessive or continuous noise; or
4. Has a foul or malodorous smell; or
5. Defecates on public or private property other than that of the owner of said pig.
K. “Restraint” means any pig (1) secured by a leash or lead, under the immediate control of a person of sufficient age and competence to control the pig or (2) any pig which is secured by a leash or confined within a sty, residence, cage, or other building or structure located on its owner’s or keeper’s private property, and which is constructed in such a manner so as to keep the pig confined at all time within the building or structure, or (3) any pig present on the property of its owner or keeper which is not physically confined or secured by a leash or lead, but is confined to the property by training, habit, or voice command. [Ord. 619 §2, 1991].
6.20.030 Commercial sty license required – Procedure.
Repealed by Ord. 929. [Ord. 619 §3, 1990].
6.20.040 Pig license required – Procedure.
All pigs three months of age or older kept or harbored within the city must be continuously licensed by the owner or keeper of the pig as follows:
A. Written application for a license shall be made to the city clerk-treasurer or animal control officer. The application shall include the applicant’s name and address, a description of the pig, and all required vaccination certificates issued by a licensed veterinarian or clinic.
B. An annual license fee for any license for which application is made shall be assessed as follows:
1. For each pig kept in a licensed commercial sty: $2.00;
2. For each pig to be licensed by an owner or keeper: $10.00.
C. Upon completion of the application and payment of the appropriate fee, the city clerk-treasurer shall issue a license stamped with an identifying number and the year of issuance. Any pigs three months of age or older kept or harbored within the city must at all times have a current license.
D. Pig licenses shall be valid for one year, from January 1st through December 31st. The clerk-treasurer shall maintain a record of the identifying number for each license issued, and shall make this record available for public inspection. [Ord. 619 §4, 1990].
6.20.050 Pigs must be restrained.
A. Any pig within the city must be continuously kept under restraint. No pig shall be tethered in such a manner as to permit it to enter within 10 feet of any public street, alley, sidewalk, or area open to the public, or to enter upon any neighboring property without the authorization of the occupant of the neighboring property.
B. Every female pig in heat shall be reasonably restrained in a building or secure enclosure in such a manner that such pig cannot come into contact with another pig except for planned breeding purposes. [Ord. 619 §5, 1990].
6.20.055 Unrestrained pigs subject to impoundment – Notice of impoundment.
A. Any pig not restrained as required under PMC 6.20.050 above, shall be subject to impound by the police chief, his officers, or animal control officer. Upon impound, if the owner or keeper of the pig is known or can be reasonably identified, the impounding officer shall immediately notify the owner or keeper by telephone, mail or in person. The impounding officer shall advise the owner or keeper that the pig has been impounded, and that the pig may be reclaimed by payment of an impoundment fee equal to $10.00 for each calendar day or part-day the pig has been impounded.
Also, if the pig does not have a current-year license, in addition to the impound fee, the owner or keeper shall be advised that the pig cannot be reclaimed until a current-year license is secured.
B. Upon payment of all impound and licensing fees, an impounded pig shall be released to its owner or keeper.
C. If a pig has not been reclaimed within 72 hours following notification to the owner or keeper, or within 72 hours after impoundment, the pig shall become the property of the city and shall be placed for adoption in a suitable home, or shall be humanely destroyed.
D. The impound fee and pig license requirement shall be in addition to any fine or penalty which may subsequently be assessed as a result of any violation of this chapter. [Ord. 619 §6, 1990].
6.20.060 Dangerous and potentially dangerous pigs prohibited.
No pig meeting the definition of a dangerous or potentially dangerous pig as defined in PMC 6.20.020(H) and (I) shall be kept, harbored, or present at anytime within the city. At all times during the pendency of any legal proceeding upon a complaint or citation alleging a violation of this section, the pig in question shall either be removed from the city, or impounded by the city. The cost of keeping any pig impounded under this section shall be assessed to the owner or keeper of the pig if the pig is adjudged a dangerous or potentially dangerous pig; otherwise, the city shall bear the cost. [Ord. 619 §7, 1990].
6.20.070 Impoundment and bond pending appeal of dangerous or potentially dangerous pig adjudication.
Pending appeal from an order adjudging a pig to be kept, harbored, or present in violation of PMC 6.20.050 or 6.20.060, the subject pig shall, at the option of the owner or keeper, either be removed from the city, or impounded by the city. If impounded by the city, the owner or keeper must bear the cost of keeping the pig and must post a cash bond for the pig in the amount of the daily animal shelter charge multiplied by 545 days. Such bond shall indemnify the city against the cost of keeping the pig. [Ord. 619 §8, 1990].
6.20.080 Public nuisance prohibited – Penalty for violation.
No person shall maintain, keep or harbor a pig in Palouse which meets the definition of a public nuisance as defined in PMC 6.20.020(J). In the event of a conviction upon violation of this section, the owner or keeper shall be fined not less than $25.00, and the owner or keeper shall be required to take reasonable steps to abate any further public nuisance. In the event of a second conviction involving the same pig, the owner or keeper shall be fined at least $50.00 and shall be required to take reasonable steps to abate any further public nuisance. In the event of a third conviction involving the same pig, the owner or keeper shall be fined at least $100.00, and the court shall enter an order directing the owner or keeper to destroy the pig or permanently remove it from the city. If the pig is not then destroyed or removed as ordered within 24 hours after entry of the order, it shall be the duty of the police chief, his officers, or the animal control officer to remove or destroy the pig, wherever it may be found within the city. [Ord. 619 §9, 1990].
6.20.090 Care.
No owner or keeper of a pig within the city shall:
A. Malnourish the pig, or fail to provide reasonable shelter and veterinary care for the pig;
B. Beat, torment, abuse, or otherwise inhumanely treat and care for the pig;
C. Cause the pig to engage in a fight with another pig, animal, or person; or
D. Abandon the pig. [Ord. 619 §10, 1990].
6.20.100 Interference with enforcement of this chapter prohibited.
No person shall knowingly and wilfully interfere with, or attempt to prevent, the police chief, his officers, or an animal control officer, from discharging his duties in the enforcement of this chapter. [Ord. 619 §11, 1990].
6.20.110 Penalties.
A. Unless otherwise provided above, a person convicted of violating any provision of this chapter shall be fined not less than $25.00, nor more than $500.00, per violation. No part of any fine assessed under the provisions of this chapter shall be suspended or deferred in any manner.
B. Any person convicted of violating PMC 6.20.090 shall immediately forfeit any pig or sty license then issued to the person, and no further or future pig or sty license shall be issued to the person.
C. For the purpose of this section, each day in violation of any part of this chapter shall be considered a separate violation. [Ord. 619 §12, 1990].