Chapter 6.04
ANIMAL CONTROL CODE
Sections:
6.04.030 Animal control officer—Appointment and responsibility.
6.04.045 Dog licenses required—Issuance—Fees—Exemptions—Limitation.
6.04.060 Dog license—Nontransferable.
6.04.070 License tag removal unlawful.
6.04.090 Control or confinement of dogs and livestock.
6.04.115 Entry upon private property.
6.04.125 Miscellaneous regulations.
6.04.130 Violation—Misdemeanor or infraction—Fines and penalties.
6.04.010 Purpose.
It is declared the public policy of the city of Rainier to secure and maintain such levels of animal control as will protect human health and safety, and to the greatest degree practicable, prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of licensing dogs, and to provide rules regulating these and all other animals so that they do not become public nuisances and are not the victims of cruelty. (Ord. 491 § 1, 2003: Ord. 297 § 1, 1990)
6.04.020 Definitions.
In construing the provisions of this chapter, except when otherwise declared or clearly apparent from the context, the following definitions shall be applied:
“Adult dog” means any adult dog of either sex, altered or unaltered, that has reached the age of six months.
“Animal” means any living vertebrate creature, reptile or bird, except human or unless otherwise expressly excepted.
“Animal exhibition” means public display of any living animal for or in the promotion of entertainment, education, advancement, or commercial enterprise.
“Animal shelter” means a place provided and operated under the authority of the animal control officer for the impoundment, care and euthanasia of dogs or other animals.
An animal “at large” means any animal that falls under this chapter found off the premises or outside of the vehicle of the owner or custodian of the animal, and not under control of a person by means of a leash.
“Barking, howling or yowling dog” means a dog which by frequent or habitual howling, yowling, yelping or barking, creates an unreasonable noise or disruption to the public peace or unreasonably disturbs the neighborhood or disturbs any person’s quiet enjoyment of his or her property to an unreasonable degree.
“Barnyard animal” includes horses, mules, cattle, bovine animals, hogs, swine, goats, sheep, mules, asses, and llamas.
“Bovine animal” includes cows and other cattle.
“Dog” means any dog of any age.
“Euthanasia” means the humane destruction of any animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness.
“Exotic animal” means any animal which, when in its wild state, or due to its size, habits, natural propensities, training or instinct, presents a danger or potential danger to human beings and is capable of inflicting serious physical harm upon human beings, and includes inherently dangerous mammals and reptiles as follows:
1. “Inherently dangerous mammal” means any live member of the Canidae, Felidae, or Ursidae families, including hybrids thereof, which, due to their inherent nature, may be considered dangerous to humans, and which includes:
a. Canidae, including any member of the dog (canid) family not customarily domesticated by man, or any hybrids thereof, including wolf hybrids which are a cross between a wolf and domestic dog, but not including domestic dogs (Canis familiaris). Common names include wolf, coyote, jackal, hyena, fox, and all their hybrids;
b. Felidae, including any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by man, or any hybrids thereof, but not including domestic cats (Felis catus);
c. Ursidae, including any member of the bear family, or any hybrids thereof.
2. “Inherently dangerous reptile” means any live member of the class Reptilia which:
a. Is venomous, including, but not necessarily limited to, all members of the following families: Helodermidae (beaded lizards including Gila monster, Mexican beaded lizard); Viperidae (vipers and adders); Crotalidae (pit vipers); Atraciaspididae (mole vipers); Hydrophilidae (sea snakes); and Elapidae (cobras); or
b. Is a rear-fanged snake of the family Colubridae (rear-fanged snakes) that are known to be dangerous to humans, including, but not necessarily limited to, all members of the following families: Dispholidus typus (boom-slang snake); Thebtornis kirtlandii (twig snake); and Rhabdophis ssp. (speckled belly keelback and red necked keelback); or
c. Is a member of the order Crocodilia (crocodiles, alligators, and caiman) over two feet in length.
“Guard dog” means any member of the dog family that has been trained or represented as trained to protect persons and/or property by exhibiting hostile tendencies and aggressiveness to unauthorized persons.
“Impound” means to take control by authorized officials of any animals found to be in violation of this chapter and pursuant to the terms of this chapter.
“Inhumane treatment” means any act, omission or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.
Kennels.
1. “Hobby kennel” means a noncommercial kennel at or adjoining a private residence where four or less adult dogs are bred and kept for hunting, training, and/or exhibition for shows, field working, and/or obedience trials or for the enjoyment of the breed.
2. “Commercial kennel” means a place where dogs are kept for breeding and the offspring thereof are offered for sale, or where dogs are received for care and/or training and/or boarding for compensation. The term “commercial kennel” shall not apply to properly licensed animal hospitals, clinics or pet shops.
“Leash” means and includes a heavy cord, thong or chain no more than eight feet in length or retractable, by which a dog or livestock is effectively controlled by the person accompanying it.
“Livestock” means any horses, mules, bovine animals, swine, goats, sheep, mules, asses, llamas, rabbits and/or other animal stock, and poultry, as further defined in this section.
“Nuisance pet animal” means a pet animal that:
1. Damages or destroys landscaping or property of another person, and includes destruction of wildlife that has been purposefully attracted to the person’s property; or
2. Soils or defecates on public or private property other than that of the owner, unless such waste is immediately removed and properly disposed of by the owner of the pet animal; or
3. Causes unsanitary, dangerous or offensive conditions; or
4. Is a female dog in estrus not confined within a structure to prevent access of male dogs except for planned breeding; or
5. Chases people or vehicles, or molests or interferes with persons or other animals on public or private property other than the owner’s property; or
6. Habitually or continually disturbs the peace and quiet of any individual or neighborhood by unprovoked barking, whining, howling or making any other noise, as reasonably determined by the animal control officer; or
7. Trespasses on private property and the property owner or tenant supplies a written complaint to the city’s animal control officer.
“Owner,” “ownership” or “custodian” includes or refers to any person, firm, corporation, partnership or cooperative owning, having custody or possession of any animal and any such natural or artificial person who keeps, harbors, feeds or allows an animal to remain on their property for longer than five days.
“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 in a menacing fashion or apparent attitude of attack; or
3. Any dog with a known propensity or tendency to attack unprovoked, to cause injury, or to otherwise threaten the safety of humans or domestic animals.
A dog may be declared potentially dangerous by the animal control officer or by any police officer upon receipt of one written, verified and signed complaint. In either case, the complaint and declaration shall be made a part of the animal control officer’s records.
“Poultry” means domestic fowl normally raised for meat, eggs and/or other purposes, and specifically includes, without limitation, chickens, turkeys, ducks, geese, guinea hens, peafowl, ostriches, and emus.
“Proper enclosure of a potentially dangerous dog” means while on the owner’s property, the dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children, and designed to prevent the animal from escaping. Such pen or structure shall have secure sides, top and bottom, and shall also provide protection from the elements for the animal.
“Puppy” means any dog of either sex, under the age of six months.
“Restraint” means the control of dogs or livestock by the use of, but not limited to, a fence, chain, leash, kennel or secure enclosure.
“Sexually neutered” means medically or surgically altered to be incapable of reproduction.
“Verify” or “verification” refers to an attached written statement by an enforcement officer that he or she observed the alleged violation; or an attached statement signed by the complaining or reporting witness.
“Vicious animal” means any dog, livestock or other animal, which, according to the records of the animal control officer:
1. Has inflicted severe injury on a human being or a domestic animal without provocation on public or private property; or
2. Has killed a domestic animal or other animal protected under federal, state or local laws, without provocation, while on or off the owner’s property; or
3. Has been previously found by a court or declared under this chapter to be potentially dangerous, the owner having received notice of that finding or declaration, and the animal again aggressively bites, attacks or endangers the safety of humans or domestic animals.
“Violation” means noncompliance with regulations set forth in this chapter and is subject to penalties and remedies including fines, civil penalties, impoundment, or a combination of fines or penalties and impoundment, as set forth in this chapter or other ordinances of the city of Rainier.
“Wild animal” means any animal living or ordinarily living in its natural state, native or nonnative to the United States and not normally domesticated, raised or bred by humans.
Written notices required under this chapter, unless otherwise provided for, shall be deemed given at the end of two days following the mailing of the notice sent by certified mail, with return receipt requested, without counting Sundays or holidays. (Ord. 682 § 1, 2019: Ord. 566 § 1, 2008: Ord. 562 § 1, 2008: Ord. 491 § 2, 2003: Ord. 439 § 1, 2001: Ord. 396 § 1, 1998: Ord. 297 § 3, 1990)
6.04.030 Animal control officer—Appointment and responsibility.
A. “Animal control officer” means the city’s chief law enforcement officer or any police officer or other officer or employee duly appointed as such in writing pursuant to this section by or under the authority of the mayor, or a contractor selected by the mayor pursuant to authorization by the council, to do any of the following acts: issue citations for, pick up, restrain, impound, sell, dispose of, or give notice for, or any other acts, duties, or functions prescribed by this chapter or other chapters relating to animals including, but not limited to, pet animals or livestock.
B. The animal control officer, if other than the city’s chief law enforcement officer, will be commissioned by the chief law enforcement officer as a deputy for animal control and will have the responsibility to enforce this chapter in its entirety. All monies collected by the officer shall be turned in to the clerk-treasurer’s office. The animal control officer shall keep accurate records of all such collections and transactions.
C. If any police officer of the city observes a violation of this chapter, or finds through investigation that said violation has occurred, the officer has the authority, as a deputy animal control officer, to cite the owner of the animal and take action appropriate for the situation so long as it does not interfere with the officer’s regular duties. In such cases, the officer shall notify the animal control officer of his or her action or intended action at the earliest reasonably possible time, and shall comply with all other applicable provisions of this chapter including but not limited to the disposition of funds and keeping records. (Ord. 491 § 3, 2003: Ord. 439 § 2, 2001: Ord. 396 § 2, 1998: Ord. dated 9/24/91; Ord. 297 § 2, 1990)
6.04.040 Kennel license required—Issuance—Fees—Responsibility of owners for identification of animals.
A. Kennel License Required. It is unlawful for any person to operate a hobby kennel or commercial kennel within the city’s corporate limits unless the person has paid the prescribed fee and procured a license therefor. Licenses are valid for the calendar year for which issued.
B. Issuance of Kennel Licenses.
1. The clerk-treasurer of Rainier shall issue the required kennel licenses to persons applying therefor upon payment of the license fee as prescribed in this section.
2. Annual License Fees.
a. Annual hobby kennel license, fifty dollars ($50.00);
b. Annual commercial kennel license, one hundred dollars ($100.00), which shall include the annual business license fee.
A first time failure to obtain or renew a license as required by this chapter is an infraction. A second and all subsequent violations within the licensing year are misdemeanors, with a minimum fine of one hundred fifty dollars ($150.00).
C. Other Animals the Responsibility of Owner. Unless otherwise required by this chapter or other law, individual licenses are not required for any animals within the corporate limits of Rainier, other than dogs. Each owner is responsible for the identification of each of the owner’s animals, such as a collar and tag and a license when required or an implanted scannable identification chip approved and verified by the animal control officer. The impoundment fee imposed by this chapter commences on the first day of impoundment. (Ord. 562 § 4, 2008: Ord. 491 § 6, 2003: Ord. 439 § 3, 2001: Ord. 396 § 3, 1998: Ord. 297 § 4(a, b, c), 1990)
6.04.045 Dog licenses required—Issuance—Fees—Exemptions—Limitation.
A. Dog License Required. Except for licensed veterinarians and individual dogs kept within commercial kennels, it is unlawful for any person to own, keep or have control of any unlicensed adult dog within the city’s corporate limits. Licenses are valid for the calendar year for which issued.
B. Issuance of Licenses and Tags.
1. The city clerk-treasurer shall issue licenses and appropriate identification tags for each dog or other animal required to be licensed, to persons applying therefor, upon payment of the license fee prescribed in this section. It shall be the owner’s responsibility to keep a substantial collar on the animal with a securely attached license tag for the current year. Licenses are not transferable from one animal to the other.
2. License Fees Including Annual Fees for Dogs.
a. For adult dogs that are not spayed or otherwise sexually neutered: twenty dollars ($20.00).
b. For adult dogs that are spayed or neutered: five dollars ($5.00).
c. Replacement tags are two dollars ($2.00).
3. Renewals. Annual renewals are at no charge.
4. Potentially dangerous dogs are fifty dollars ($50.00) per year.
C. Exemptions from Licensing or Licensing Fees.
1. Licensing Provisions. The licensing provisions of this chapter shall not apply to the following:
a. Dogs whose owners are nonresidents temporarily within the city for three months or less;
b. Dogs that have been brought into the city temporarily for the purpose of participating in any dog show;
c. Any animal used by a law enforcement or search and rescue agency, or other animals under the ownership and control of that agency, for the purpose of that agency.
2. Licensing Fees. The following animals must be licensed, but are exempt from licensing fees:
a. A professionally trained and certified guide dog owned or in the custody of a blind or partially blind person;
b. A signal dog owned by or in the custody of a deaf person or a person whose hearing is impaired. A “signal dog” shall mean any dog trained to alert a deaf person, or a person whose hearing is impaired, to intruders or sounds;
c. A service dog owned by or in the custody of a physically disabled person. A “service dog” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The work or tasks performed by the service dog must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks;
d. Dogs in training programs sponsored by licensed and approved agencies identified with providing trained animals to disabled individuals or law enforcement agencies.
D. Number of Dogs Permitted—Limitation. No person shall keep more than three dogs that are over six months of age on any premises in the city, except as allowed by a special use permit and upon payment of the applicable kennel license fee. (Ord. 682 § 2, 2019: Ord. 562 § 2, 2008: Ord. 491 § 4, 2003)
6.04.060 Dog license—Nontransferable.
Dog licenses as provided in this chapter shall be nontransferable from one dog to another. (Ord. 297 § 4(f), 1990)
6.04.070 License tag removal unlawful.
It is unlawful for any person to remove a license tag from any dog registered under the provisions of this chapter without authority from the owner. (Ord. 297 § 4(g), 1990)
6.04.080 Kennel license.
A kennel license shall be issued upon permission of the town council after a public hearing on the matter, and after the animal control officer has inspected intended site. (Ord. 297 § 4(h), 1990)
6.04.083 Livestock.
A. Required Open Space and Minimum Dimensional Requirements for Pasturing. For barnyard animals, there shall be not less than ten thousand (10,000) square feet of open space for maintaining and pasturing the first animal on any parcel of property, and an additional five thousand (5,000) square feet shall be required for each additional barnyard animal. For poultry, there shall be not less than twenty-five (25) square feet for each fowl. In addition, the following minimum dimensional requirements for open space and pasturing purposes shall be provided:
1. The stable or other shelter housing the livestock animals shall be set back at least thirty (30) feet from any side, rear and front property lines;
2. In the event any livestock animal gives birth, thereby exceeding the number of livestock animals allowed by the minimum set forth in this subsection, the owner of said livestock animal and/or the occupier of the premises shall conform to the number of livestock animals for the dimensional requirements within six months following of the birth of the animal.
B. Number Permitted. No more than three livestock animals may be kept on any premises, without a special use permit. In the case of poultry, any number may be kept for non-commercial purposes insofar as the required space is provided for each fowl. Roosters shall be permitted within that number if secluded or confined within an area of the property where adjacent neighbors will not be unreasonably disturbed.
C. Fencing. The owner and/or tenant and/or other occupier of the premises upon which any livestock animal is maintained for more than seven consecutive days within the city limits shall provide adequate fencing in a good state of repair to guarantee the confinement of said animal within the fence, which fence shall completely enclose an area adhering to the minimal dimensional requirements.
D. Waste Disposal. The owner of each livestock animal and the owner and/or occupier of the premises upon which said animal is maintained within the city limits shall guarantee and at all times maintain the premises upon which the animal is maintained in a sanitary and neat condition, including, but not limited to, disposal of manure or other waste material from said animal. An unreasonable accumulation of flies or other insects or pests within the property on which said animal is maintained, and/or noxious or offensive odors, or the unreasonable accumulation of flies, insects or other pests transcending or migrating into neighboring or vicinal real property, shall be presumed to be inadequate sanitary conditions. (Ord. 491 § 8, 2003)
6.04.087 Other animals.
A. Exotic Animals. Exotic animals are prohibited except as provided in subsection (B) of this section.
B. Wild Animals. No person shall own any wild animal unless he or she has obtained a permit from the State Fish and Wildlife Department, Federal Fish and Wildlife Service or other appropriate governmental agency; provided, that the animal control authority may allow a person to temporarily care for an infant or injured wild animal native to this area which is homeless, while the person acquires the necessary state and/or federal permits.
C. Guard Dogs. Guard dogs shall be kept contained within a building or on a leash under the control of a person, or enclosed within a six-foot or higher solid or chain-link fence, of sufficient height to prevent the dog from reaching persons off the property. The owner shall restrain the guard dog in such a manner that the dog is unable to reach those persons using the normal ingress and egress to and from the property. The owner shall post signs in two conspicuous places on the property warning that a guard dog is on the premises. The owner must indicate at the time of obtaining a dog license that the dog is a guard dog.
D. Slaughtering. No person shall kill or slaughter, within the city, any animal or animals, the flesh of which is intended to be sold or offered for sale or consumption; or kill or slaughter any livestock through the use of a firearm or other cartridge activated device without giving prior notice to the animal control officer. (Ord. 562 § 3, 2008: Ord. 491 § 5, 2003)
6.04.090 Control or confinement of dogs and livestock.
A. All horses on public property after dark shall have a reflective device of some kind so that they are visible.
B. It is unlawful for any person or persons who are the owner or custodians of any dog or livestock to allow any of said animals to be at large within the town.
C. It is unlawful to permit a dog or animal to chase, run after or jump at vehicles, bicycles, joggers, walkers, or horseback riders using the public streets, avenues or alleys within the town.
D. It is unlawful for any person to herd, drive, lead, ride or pasture any livestock upon any sidewalk within the town.
E. It is unlawful for any person or persons who are owners or custodians of any dog or livestock to damage property of another, including other animals.
F. It is unlawful to keep or maintain within the town a barking, howling or yowling dog, as defined in Section 6.04.020. The animal control officer shall issue written warnings or citations to the owner and may initiate further proceedings, all as provided in Section 6.04.110 of this chapter.
G. It is unlawful to keep or maintain within the town any vicious animal as defined in Section 6.04.020, or to fail to maintain “proper enclosure of a potentially dangerous dog” as also defined in that section.
H. It is unlawful to have possession or control of any animal that is sick or infected with an untreated infectious or contagious disease, or to permit any diseased or infected animal to run at large, or come in contact with other animals.
I. It is unlawful to fail to control any female dog that is in estrus (heat) in a secure, contained environment, or by leash when outside such a contained environment, in such a manner that such female dog cannot come into contact with a male of the species except for planned breeding. In addition to any applicable penalties under this chapter, any dog not so controlled or contained when in heat may be seized and impounded.
J. It is unlawful to permit any dog or livestock to spread or spill garbage.
K. It is unlawful to tether an animal in such a manner as to permit the animal to enter any sidewalk, street, alley or to enter any adjacent lot or premises unless authorized by the occupant of the adjacent premises.
L. It is unlawful to have horses, livestock or an unleashed dog in any town public park. (Ord. 396 § 5, 1998: Ord. 297 § 5, 1990)
6.04.100 Shelter.
A. Keeping of dogs and livestock is permitted, provided an adequate shelter is maintained for said animals. This regulation shall not be construed to permit the keeping of animals in any place or manner which will endanger public health and safety or interfere with the reasonable use and enjoyment of surrounding properties.
B. Dogs and livestock must be maintained in a neat, sanitary and orderly condition.
C. Shelters shall conform to the Uniform Building Codes as adopted by the town of Rainier.
D. All livestock shall be kept only within buildings, pens or fences, each of which shall be sufficient in size and strength to resist the pressure from the animals within so as not to allow them to escape. A violation of this section is an infraction. (Ord. 396 § 6, 1998: Ord 297 § 6, 1990)
6.04.110 Impounding.
A. When impounding an animal under any provision of this chapter, the owner, if known and available, shall be notified. Whether the owner is known or not, the animal may be immediately impounded.
B. If the owner is not known or is not available, the animal control officer may impound any dog or other animal found to be kept in violation of this chapter. However, for violations of Section 6.04.090(B), (D) and (E), the animal control officer may impound the animal on any property, including that of the alleged owner of the animal, upon a written complaint from the victim thereof; the animal control officer may pursue such animal onto private property if said officer witnesses the violation or the complainant has seized the animal, subject to any further requirements and restrictions upon entry imposed by constitutional, statutory, or local law including but not limited to provisions of this chapter and other provisions of the Rainier Municipal Code.
C. Upon any dog or other animal being impounded the officer shall, as soon as feasible, notify the owner, if known, of the impoundment and the terms on which said animal may be redeemed. For the purpose of this section, the notice herein provided for may be by telephone, or by other means appropriate in the circumstances. The notice must be documented by keeping a written copy or verified report. Notice shall include a description of the animal impounded, the reason for impoundment, and the date upon which such impoundment occurred, and shall advise the owner that the animal will be disposed of by the animal control officer unless redeemed within the time limits of this chapter. If the animal is seriously injured or diseased, the notice shall also state that fact and inform the owner of the officer’s authority to destroy the animal under this chapter.
D. Except as otherwise provided in this section, the owner of any animal impounded under this chapter, other than a vicious animal, may redeem it within forty-eight (48) hours from the time of impoundment by paying to the animal control officer or clerk-treasurer a service charge pursuant to a posted schedule of impoundment fees. If such animal is not redeemed by the owner within forty-eight (48) hours, it will be made available for adoption for the next forty-eight (48) hours. In case such animal is not redeemed or adopted at the end of such time, namely, ninety-six (96) hours, it may be humanely destroyed. Holidays, Saturdays, and Sundays shall not be considered when computing the holding period.
E. Any impounded animal suffering from serious injury or disease may be humanely destroyed at any time; provided, that both the animal control officer and a licensed veterinarian have first verified the serious nature of the animal’s condition, and the animal control officer has made a good faith effort to notify the owner in advance.
F. Any animal impounded when the owner is not available will be held until the owner is contacted and all applicable fees and costs have been collected, unless the animal has been destroyed as authorized by this section. If the animal has been destroyed as authorized by this section the owner shall continue to be liable for all such fees and costs including but not limited to the cost of destroying the animal.
G.1. Disposition of Vicious Animals Other than Livestock. Vicious animals other than livestock may not be redeemed but shall be humanely destroyed unless a determination is made by the city council, on appeal, that the animal is not vicious as defined in this chapter. The owner may appeal by filing a written request for a hearing, within forty-eight (48) hours following the notice, with payment of a filing fee of fifty dollars ($50.00), with the clerk-treasurer. The council shall then schedule a public hearing for that purpose to be held not less than five nor more than fifteen (15) days after giving written notice to the owner by personal delivery or by certified mail, return receipt requested. If the animal is again found to be vicious, it shall be destroyed humanely. If the animal is found instead to be a potentially dangerous dog it may be redeemed by the owner as provided in this section subject to payment of all required fees and subject to all other provisions of this chapter including but not limited to provisions relating to proper enclosure of a potentially dangerous dog.
2. Disposition of Vicious Livestock. A livestock animal found to be vicious may be redeemed only if the owner first provides a written guarantee, secured by a cash or surety bond in at least the amount of one hundred dollars ($100.00) or twice the amount of the appraised value of the animal, whichever is the greater amount, filed with the clerk-treasurer of the city, that the animal will be removed immediately and directly to a permanent location outside the city limits. If the animal is not thus redeemed within the time prescribed in this chapter, the animal shall be humanely destroyed unless found not to be vicious pursuant to a hearing on notice as provided for in this section relating to vicious dogs. If the council then finds that the livestock animal is not vicious as defined in this chapter, it may be redeemed by the owner within ten (10) days thereafter, subject to payment of all required fees and subject to all other provisions of this chapter including but not limited to Section 6.04.100 relating to shelter.
3. Additional Consequences. Any animal that is not redeemed pursuant to a hearing and finding by the council or is not maintained thereafter in accordance with the provisions of this chapter, shall remain impounded or again be impounded and humanely destroyed. Nothing in this section relieves an owner or custodian from liability or penalties for violating any other applicable provision of this chapter.
H. Protective Impoundment. The animal control officer is empowered to impound any animal found within any building, establishment or premises, whether public or private, in such condition as would be considered by a reasonably prudent person to be cruel to the animal, or any animal found seriously sick or injured. (Ord. 562 § 5, 2008: Ord. 491 § 7, 2003: Ord. 439 § 5, 2001: Ord. 396 § 7, 1998: Ord. 297 § 7, 1990)
6.04.115 Entry upon private property.
All entries upon premises for the purpose of this chapter shall be subject to all applicable requirements and restrictions imposed by constitutional, statutory and local law including but not limited to this chapter and any other applicable provisions of the Rainier Municipal Code, and such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession. (Ord. 396 § 8, 1998)
6.04.120 Cruelty to animals.
Unless otherwise provided in RCW 9A.48.080:
A. Any person who shall wantonly or cruelly pluck, maim, torture, deprive of necessary food or drink, any animal shall be deemed guilty of a misdemeanor.
B. Any person who cruelly overdrives, overloads, drives when overloaded, overworks, tortures, mutilates or cruelly kills or causes, procures, authorizes, requests or encourages the same, either as owner or otherwise, or inflicts unnecessary suffering or pain, or fails to provide with proper food, drink, air, light, space, shelter, or who willfully and unreasonably drives or works any animal when unfit for labor, or uses harness and tack that is ill-fitting, or who cruelly abandons any animal, shall be guilty of a misdemeanor.
C. Any person who willfully transports or confines or causes to be transported or confined any animal in a cruel or unnecessary painful manner, posture or confinement shall be guilty of a misdemeanor. Whenever any such person shall be taken into custody or be arrested, the arresting officer or person may take charge of the animal or animals and any necessary expense thereof shall be a lien thereon to be paid before the animal or animals may be recovered.
D. If the animal control officer or police officer or veterinarian shall find that any animal has been neglected by its owner, he or she may authorize the removal of the animal to a proper pasture or other suitable place for feed and restoring to health.
E. Any person who shall confine or cause to be confined any animal, and intentionally or negligently fails to supply the same with a sufficient quantity of good and wholesome food and water, shall be guilty of a misdemeanor. In case any animal shall be confined as aforesaid and shall continue to be without necessary food and water for more than twenty-four (24) consecutive hours, as determined by the animal control officer, the animal may be seized and impounded. The animal control officer’s determination may be based upon his or her own observation or that of another police officer, or a verified complaint by one or more individuals.
F. Any person who wantonly or for the amusement of himself or others, or for gain, shall cause any animal to respond with loud and continued barking, howling or yowling, or to fight, chase, worry or injure a human or animal, and every person who shall aid, abet, or be present at such fighting, chasing, worrying or injuring of such animals, participating as a spectator, shall be guilty of a misdemeanor.
G. Any person who owns, possesses, keeps or trains any bird or other animal with the intent that such bird or other animal shall be engaged in an exhibition of fighting, or is present at any place, building, or tenement where training is being had or preparations are being made for the fighting of birds or other animals, with the intent to be present at such exhibition, or is present at such exhibitions, shall be guilty of a misdemeanor.
H. Any person who shall willfully or maliciously poison any animal or bird shall be guilty of a misdemeanor. (Ord. 396 § 9, 1998: Ord. 297 § 8, 1990)
6.04.125 Miscellaneous regulations.
The following regulations are intended to supplement Sections 6.04.090 and 6.04.120 and not to supersede any of those sections or any of their subsections.
A. Cleaning Up After Animals. Every owner, as defined in this chapter, of any animal shall be responsible for picking up and immediately removing any offal or manure left by any such animal upon any public place or private property not owned or possessed by him or her. Any person who fails to pick up and remove immediately any offal or manure left by an animal under his or her control upon public property or the property of another commits an infraction. Such owner or other person shall possess and use the equipment or material necessary to remove animal fecal matter. Owners of duly licensed guide dogs shall be exempted from this subsection.
B. Circuses and Animal Exhibitions. No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemicals, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.
C. Poisoning. No person shall lay out or expose any kind of poison or leave exposed any poisonous food or drink for a human, animal or poultry, or any substance or fluid whatever, whereon or wherein this is or shall be deposited or mingled, any kind of poison or poisonous or deadly substance or fluid whatsoever, on the premise of another or in any unenclosed place, or aid or abet any person in doing so.
D. Confinement in Vehicle. No person shall confine an animal within or on a motor vehicle at any location under conditions that may endanger the health or well being of the animal, including but not limited to extreme or dangerous temperatures, lack of food, water or attention, or confinement with a dangerous animal. Any animal control officer or police officer is authorized to remove any animal from a motor vehicle, at any location, when he or she reasonably believes it is confined in conditions described in this section. Any animal so removed shall be delivered to the animal control shelter after the removing officer leaves written notice of such removal and delivery, including the officer’s name, in a conspicuous, secure location on or in the vehicle.
E. Maintaining a Nuisance. Whoever keeps, uses, or maintains within the city any pen, stable, lot, place or premises in which any animal or fowl is confined in such manner as to be nauseous, foul or offensive, or which for any cause becomes an unreasonable annoyance to neighbors or community, is deemed to be maintaining a nuisance.
F. Hitting Animal with Vehicle—Report Required. Any person who, as the operator of a motor vehicle, strikes a domestic animal, shall immediately stop and render such assistance as may be needed and possible, and shall immediately report such injury or death to the animal’s owner. In the event the owner cannot be ascertained and located, such operator shall immediately report the accident to the Rainier animal control officer or police department.
G. Bite Reports. Every animal which bites a person or domestic animal or is reasonably believed to have rabies shall be promptly reported to the animal control officer or police department and shall thereupon be quarantined at the direction of the animal control officer for a period of two weeks. At the discretion of the officer, such quarantine may be on the premises of the owner, the shelter designated as the city’s animal shelter, or, at the owner’s option and expense, in a veterinary hospital of the owner’s choice. In the cases of animals whose ownership is not known, such quarantine shall be the shelter designated as the city animal shelter or veterinary hospital. For purposes of this section, such quarantine shall be governed by provisions of this chapter regarding charging of costs and fees of impoundment, if and when the owner can be located.
H. Rabies—Confinement—Notification of Exposure By Owner. If the animal control officer reasonably believes an animal has rabies or has been bitten by an animal suspected of having rabies, such animal shall be muzzled and confined at the animal shelter and shall be subject to examination and observation by a veterinarian at the expense of the owner for a period of two weeks. If an owner knows that an animal has been exposed to rabies, the owner shall notify the city of that fact and the animal control officer, at his or her discretion, may have such animal removed to a veterinary hospital and there placed under observation for a period of up to two weeks at the owner’s expense.
I. Rabies—Confinement—Notice—Impoundment. It is unlawful for any person knowing or suspecting an animal has rabies to allow such animal to be taken off its premises or beyond the limits of the city without the written permission of the animal control officer. Every owner or other person, upon ascertaining that an animal is rabid, shall immediately notify the animal control officer or a police officer, who shall remove the animal to the animal shelter or a veterinary hospital, if possible. If necessary, the animal control authority or officer may summarily destroy the animal.
J. Rabies Control. Whenever it becomes necessary to safeguard the public from the dangers of rabies or other communicable disease, the city council, if it deems it necessary for the public health and safety, shall pass an emergency ordinance in the form of a proclamation, ordering every person owning or keeping an animal of the same infected type to confine it securely on its premises unless such animal has a muzzle of sufficient strength to prevent its biting. Any unmuzzled animal running at large during the period of such proclamation shall be seized and impounded. All animals diagnosed by a veterinarian as having rabies shall be destroyed by the animal control officer, as permitted by this chapter in the case of other impounded animals. Animals impounded shall be released to their owners if duly found not to be infected, in the same manner and under the same conditions as other impounded animals. (Ord. 491 § 9, 2003)
6.04.130 Violation—Misdemeanor or infraction—Fines and penalties.
A violation of any of the provisions of this chapter is a misdemeanor unless expressly declared to be an infraction, or except as otherwise may be required under state law. The classification of the offense and the minimum fine or civil penalty for specific violations shall be as provided in this section; provided, however, that for any violation not otherwise provided for in this section the fine or penalty shall be as provided in Chapter 1.08 of the Rainier Municipal Code.
A. Horses Without Reflective Devices (After Dark) (Section 6.04.090(A)). The first offense is an infraction, with a minimum civil penalty of twenty-five dollars ($25.00). The second offense is a misdemeanor, with a minimum fine of seventy-five dollars ($75.00).
B. Dog, Livestock, Animal at Large (Section 6.04.090(B)). For each of the first and second violations, a citation shall be issued, the offense shall be an infraction, and the minimum civil penalty shall be fifty dollars ($50.00) for the first violation and one hundred dollars ($100.00) for the second violation. For the third and each subsequent violation a citation shall be issued, the offense shall be a misdemeanor, and the minimum fine shall be one hundred fifty dollars ($150.00); provided, however, that if the animal control officer has received no valid complaints for a period of twelve (12) or more months, the first violation after that period shall be deemed a first violation under this section. Such penalties and fines do not include the cost to the owner for care and feeding of the animal or any required medical care, while impounded.
C. Dog Chasing (Section 6.04.090(C)). The first violation shall be an infraction, with a minimum civil penalty of fifty dollars ($50.00). Each subsequent violation shall be an infraction with a civil penalty of one hundred dollars ($100.00).
D. Damaging Property of Others (Section 6.04.090(E))—Offense—Misdemeanor. The minimum fine for a first offense is fifty dollars ($50.00). The minimum fine for a second and each subsequent offense is one hundred dollars ($100.00).
E. Barking, Howling, Yowling Dog (Section 6.04.090(F)). For the first violation, the animal control officer shall issue a written warning in lieu of a citation. For each successive violation a citation shall be issued, the offense shall be an infraction, and the civil penalty shall be thirty dollars ($30.00). In addition, the animal will be subject to nuisance abatement provisions as provided in Chapter 8.12 of the Rainier Municipal Code following the issuance of the second such warning, and may be impounded under Section 6.04.110 upon the issuance of a citation under this section for a third violation.
F. Keeping or Maintaining Vicious Dog, Livestock or Animal as Defined in Section 6.04.020 (Section 6.04.090(G))—Offense—Misdemeanor. The minimum fine for a first offense is two hundred fifty dollars ($250.00). The minimum fine for a second offense is five hundred dollars ($500.00).
G. Failure to Maintain Proper Enclosure of a Potentially Dangerous Dog as Defined in Section 6.04.020 (Section 6.04.090(G))—Offense—Misdemeanor. The minimum fine for a first offense is two hundred fifty dollars ($250.00). The minimum fine for a second offense is five hundred dollars ($500.00).
H. Spreading or Spilling Garbage (Section 6.04.090(J))—Offense—Infraction. The minimum civil penalty for a first infraction is fifty dollars ($50.00). For the second and each successive violation, the minimum civil penalty is one hundred dollars ($100.00). In addition, the animal will be subject to nuisance abatement provisions as provided in Chapter 8.12 of the Rainier Municipal Code following the issuance of the second such warning, and may be impounded under Section 6.04.110 upon the issuance of a citation under this section for a third violation.
I. Cruelty to Animals (Section 6.04.120)—Offense—Misdemeanor (Except as Otherwise Prescribed by Statute). The minimum fine for cruelty to animals under this chapter is two hundred fifty dollars ($250.00).
J. Interference with Impoundment—Offense—Misdemeanor. The minimum fine for interference with impoundment is two hundred fifty dollars ($250.00).
If any provision of this section relating to offenses and penalties conflicts with any other specific provision in this chapter relating to classification of offenses, this section shall control. (Ord. 566 § 2, 2008: Ord. 562 § 6, 2008: Ord. 491 § 10, 2003: Ord. 439 § 6, 2001: Ord. 396 § 10, 1998: Ord. 297 § 9, 1990)
6.04.140 Miscellaneous fees.
A. Impound or kennel fees per day: twenty dollars ($20.00), plus ten dollars ($10.00) per day for the costs of care and feeding. All such fees and costs are chargeable to the owner commencing on the first day of impoundment.
B. Dead animal pick-up and disposal, not to include livestock over seventy (70) pounds: twenty-five dollars ($25.00), plus actual disposal costs. Disposal of livestock and other animals shall be to a rendering company or in accord with the rule of the health district. (Ord. 562 § 7, 2008: Ord. 491 § 11, 2003: Ord. 439 § 7, 2001: Ord. 396 § 10, 1998)
6.04.150 Notice.
Unless otherwise provided, any notice permitted or required by this chapter shall be written and be served upon a person in the same manner as a summons or by mail. Notice shall be deemed to have been given when delivered personally or deposited in the United States mail, addressed to the person at his or her last known residence, with correct postage affixed. (Ord. 396 § 11, 1998)