CHAPTER 7
ANIMAL CONTROL

SECTION:

6-7-1:    Policy

6-7-2:    Definitions

6-7-3:    Wild Animals And Vicious Animals

6-7-4:    Animal Control

6-7-5:    Rabies Control

6-7-6:    Kennels

6-7-7:    Rabbits And Poultry

6-7-8:    Cleaning Up After Animals

6-7-9:    Duties Upon Injury Or Death To An Animal

6-7-10:    Animal Cruelty

6-7-11:    Guard Dogs

6-7-12:    Slaughtering Animals

6-7-13:    Livestock

6-7-14:    Animal Nuisances

6-7-15:    Horses On City Sidewalks

6-7-16:    Dangerous Dogs

6-7-17:    Bite Reports

6-7-18:    Impounding Animals

6-7-19:    Licensing; Fees

6-7-20:    Liability For Injury By Dogs

6-7-1 POLICY:

It is declared the public policy of the city to secure and to maintain levels of animal control that will protect human health and safety, and to prevent injury to property and animal cruelty to the greatest degree practicable. To this end, it is the purpose of this chapter to provide a means of licensing dogs and cats, and to provide rules regulating these and all other animals so that they do not become public nuisances or the victims of cruelty. (Ord. 756, 1-9-2006)

6-7-2 DEFINITIONS:

Unless the context clearly requires otherwise, the following terms as used in this chapter have the following meanings:

ADULT DOG OR CAT:

Any dog or cat over the age of six (6) months.

ANIMAL:

Any living mammal, reptile, or bird, except man.

ANIMAL CONTROL AUTHORITY:

The Roy chief of police or any person, association or corporation appointed or authorized (including by contract) by the city of Roy to carry out the provisions of this chapter. "Animal control authority" includes any individual employed, contracted or appointed by the animal control authority to aid in enforcing this chapter or any other law or ordinance relating to the licensing or control of animals, or the seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal.

ANIMAL EXHIBITION:

Public display of any living animal in the promotion of entertainment, education, advancement or commercial enterprise.

AT LARGE:

Off the premises of the animal’s owner or keeper, and not restrained by leash or chain and not otherwise controlled by a competent person.

CAT:

Includes female, spayed female, male and neutered male cats.

CONFINED:

Securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner of such dog. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot (1').

COURT:

The Roy municipal court, which shall have jurisdiction hereunder to the extent permitted by law.

DANGEROUS DOG:

A. Any dog with a record or known propensity, tendency or disposition to attack without provocation, or to cause injury to or otherwise endanger the safety of humans or other domestic animals; or

 

B. Any dog that attacks a human being or other domestic animal without provocation.

DOG:

Includes female, spayed female, male and neutered male dogs.

EUTHANASIA:

The humane destruction of an 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:

Any animal not otherwise defined in any of the definitions contained in this chapter.

GUARD DOG:

Any dog trained or represented as trained to protect persons and/or property by virtue of exhibiting hostile tendencies and aggressiveness.

HEALTH OFFICER:

The director of the Tacoma-Pierce County health department and/or his or her authorized representatives.

INHUMANE TREATMENT:

Any act, omission or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.

KENNEL:

Any fenced lot and/or structure on which six (6) or more dogs or cats in aggregate (combined total) over six (6) months of age are kept for breeding, sale, training, boarding or sporting purposes, or are cared for or kept for any purpose whether for gain or not. Provided however, anyone having in excess of six (6) dogs or cats combined total, at the time this definition takes effect, may keep those animals provided the animals are properly licensed (dogs) or registered (cats) by June 1, 2007. However, no other dogs or cats may be added to the household until the combined total falls below six (6). Therefore, if a pet dies or is relocated outside of the city, it may not be replaced until the household has no more than a total of six (6) combined dogs and cats.

LIVESTOCK:

Horses, ponies, donkeys, mules, jackasses, bovine animals, sheep, llamas, goats, swine, domestic fowl and furbearing animals.

NEUTERED:

Medically determined to be incapable of reproduction.

OWNER:

Any person, firm or corporation owning, having interest in or having control or custody or possession of any animal.

POULTRY:

Domestic fowl normally used for meat or eggs including chickens, turkeys, ducks and geese.

POUND:

The facility authorized and approved by the city of Roy for housing animals that the animal control authority has impounded, quarantined or otherwise removed from an owner’s custody.

QUARANTINE:

The detention or isolation of an animal on account of suspected exposure or affliction with rabies.

ROY POLICE DEPARTMENT:

Whenever a power is granted to or a duty imposed upon the Roy police department, the power may be exercised or the duty may be performed by an authorized agent of the Roy police department, as appointed by the chief of police.

UNVACCINATED ANIMAL:

An animal which has either never been vaccinated against rabies or whose vaccination has expired according to the current "Compendium Of Animal Rabies Vaccines" published by the National Association of State Public Health Veterinarians, Inc.

VACCINATED ANIMAL:

An animal which has been vaccinated in accordance with the "Compendium Of Animal Rabies Vaccines" published by the National Association of State Public Health Veterinarians, Inc.

VICIOUS ANIMAL:

An animal that is dangerously aggressive to humans or other animals or has the propensity to do any act that might endanger the safety of any person, animal or property of another, including, but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play or outbreak of untrained nature.

WILD ANIMAL:

Any animal living in its natural state and native to the United States and not normally domesticated, raised or bred by humans, and includes any lion, tiger, bear, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, coyote, fox, lynx or any poisonous reptile or serpent, or any other dangerous or carnivorous wild animal or reptile. (Ord. 756, 1-9-2006; amd. Ord. 792, 4-23-2007)

6-7-3 WILD ANIMALS AND VICIOUS ANIMALS:

A.    State Permit Required: No person shall have, possess, control, keep or maintain, a wild animal within the city, unless a permit is obtained for the animal from the state game department and/or federal fish and wildlife service, and the animal is kept in a nonresidential zone.

B.    Wild, Exotic Or Vicious Animals Running At Large Prohibited: No person owning or having charge, custody, control, or possession of any wild or vicious animal shall permit it to run at large upon any public or private place, or within the premises of such person in such manner as to endanger any person lawfully entering such premises. The owner of a wild or vicious animal must, at all times, keep the animal contained within a fence or cage consistent with its age, size and species, such that the animal cannot run at large.

C.    Restraint Required: It is unlawful for any person having care, custody or control of any animal which is known to be vicious, or which, in the exercise of reasonable care, should be known to be vicious, to fail to restrain such animal in such a manner that the animal is unable to reach those persons utilizing the normal ingress and egress to and from the premises where such an animal is maintained, or to fail to post signs in two (2) conspicuous places upon the premises, warning those persons who may come upon or near the premises, of the vicious animal. A fence surrounding the animal of sufficient height to prevent the animal from reaching persons off the property shall be required at all times.

D.    Exceptions: This section shall not apply to any person keeping or maintaining or having in his possession or under his control any animal defined in that section when such person is transporting such animal or reptile through the city; provided, that adequate safeguards have been taken to protect the public, and that the police department has been notified of the proposed route of transportation and of the time that such trip is to take place. This section shall also not apply to any person who has custody of animals or reptiles in connection with the operation of any zoo or circus or in connection with any program of medical or scientific research; provided, that such person has taken adequate measures to safeguard persons and property. (Ord. 756, 1-9-2006)

6-7-4 ANIMAL CONTROL:

A.    Animals Running At Large On Public Property Prohibited: It is unlawful under any circumstances for the owner or person having control of any animal, except a cat, to permit the animal to run at large unleashed on any public property or any private property without the property owner’s permission. Any owner permitting its animal to run at large as prohibited by this section shall be subject to a fine of one hundred dollars ($100.00) for each violation.

B.    Pursuit Onto Private Property By Animal Control Authority: The animal control authority may, in fresh pursuit, pursue any sick, dangerous or vicious animal running at large onto private property in an attempt to take up and impound said animal. (Ord. 756, 1-9-2006)

6-7-5 RABIES CONTROL:

A.    Duty Of Owner, Custodian And Health Officer: It is the duty of the owner and/or custodian of any dog or cat within the city to quarantine any dog or cat which the owner/custodian has grounds to suspect of being infected with the disease of rabies or hydrophobia.

B.    Duty Of Animal Control Authority: If the city’s animal control authority:

1. Has reason to suspect that any dog or cat running at large in the city is infected with rabies or hydrophobia; and

2. Cannot determine who owns or has custody of the dog or cat; and

3. Is able to locate and confine the animal;

the animal control authority shall quarantine the animal as provided in this chapter. The biting of a human being by a dog or cat causing penetration of the skin by the animal’s teeth is specifically declared reason to suspect that such animal is infected with rabies or hydrophobia.

C.    Quarantine Of Animal:

1. Notice To Owner: The control authority may quarantine the animal by delivering a written notice of quarantine to the animal’s owner or to a responsible person present at the premises where the animal is kept. The notice shall set forth the duration of the quarantine period, which shall not exceed ten (10) days, unless it is determined that the animal is infected with rabies. Any quarantined animals may be impounded in the pound or in any other city approved facility.

2. Duties Of Owner: During the quarantine period, the animal’s owner or custodian shall not allow the animal to come in contact with any other animal or person, or allow the animal to run at large outside of the premises where quarantined, unless the premises arc enclosed by a secure fence from which the animal cannot escape. The owner or custodian shall not allow the animal’s removal from the premises without the animal control authority’s consent. These restrictions shall continue until the animal control authority releases the animal from quarantine. Any animal found running at large or removed from the quarantined premises after the commencement of the quarantine period shall be impounded and, unless claimed and redeemed by its owner or custodian within three (3) working days after the expiration of the quarantine period, may be destroyed.

D.    Handling Of An Animal Bitten By Rabid Animal: When an animal is known to have been bitten by a rabid animal, the following procedures shall be followed:

1. Unvaccinated Animal: An unvaccinated animal shall be immediately destroyed, unless applicable law provides otherwise; provided, that if the animal’s owner chooses, the animal may be kept at the owner’s expense in strict isolation in a kennel under veterinary supervision for a minimum period of six (6) months following the bite. The head/brain of a dog that has bitten someone must be preserved in order to test for rabies.

2. Vaccinated Animal: A vaccinated animal shall be handled as follows:

a. The animal shall be immediately revaccinated with an approved rabies vaccine and confined under the supervision of a veterinarian for a period of thirty (30) days following revaccination; or

b. If the animal is not immediately revaccinated, it shall be confined in strict isolation in a kernel for six (6) months under the supervision of a veterinarian; or

c. The animal shall be destroyed if the owner or custodian does not comply with subsections D2a or D2b of this section.

E.    Publication Of Rabies Outbreak Notice: Upon any outbreak of rabies or when rabies has been diagnosed within the city and when, in the judgment of the animal control authority, there is imminent danger of the spread of the disease, the animal control authority shall publish a notice to that effect in the city’s official newspaper for three (3) successive issues. For a period of six (6) weeks following the final publication of the notice, the owner/custodian of the animal shall keep the animal securely confined at all times by leash or in a tight enclosure from which the animal cannot escape. During such period, any animal found running at large in the city shall be impounded and, unless claimed and redeemed from impound by its owner within three (3) working days, may be destroyed by the proper authorities. Any person charged with enforcing this chapter may destroy any animal found running at large within the city when, after reasonable effort, he is unable to impound the animal or, after reasonable investigation, is unable to locate the owner or custodian thereof. The animal control authority may extend the six (6) week period for additional six (6) week periods by notice given in the manner provided in this section until, in his judgment, the imminent danger of the spread of the disease is no longer present. (Ord. 756, 1-9-2006)

6-7-6 KENNELS:

It is unlawful to own, maintain or operate an animal kennel in the city. (Ord. 756, 1-9-2006)

6-7-7 RABBITS AND POULTRY:

A.    Running At Large Prohibited. It is unlawful to permit any rabbits, chickens, ducks, geese, turkeys, or other domestic or wild fowls to run at large within city limits. Rabbits and poultry shall be deemed running at large within the meaning of this section when off the owner’s premises and not within his immediate control.

B.    Zoning Compliance Required: It is unlawful to raise, care for, breed, maintain or induce the propagation of rabbits, pigeons or other similar birds, or poultry, primarily for resale or profit within residential or commercial zones. It is unlawful to raise, care for, breed, maintain, or induce the propagation of more than five (5) pairs of rabbits, pigeons or similar birds, or poultry, for any purpose whatsoever within residential or commercial zones. Any building, loft, or other structure used in part or whole for any of the purposes set forth in this section is hereby denominated an "accessory building" as such is defined in the zoning ordinance, and shall conform to the size and setback limitations as prescribed therefor. (Ord. 756, 1-9-2006)

6-7-8 CLEANING UP AFTER ANIMALS:

Every person who owns, controls or cares for any animal is responsible for removing any offal or manure left by any such animal upon any public place or private property not owned by him or her. Any person who fails to do so is subject to a class A civil infraction. (Ord. 756, 1-9-2006)

6-7-9 DUTIES UPON INJURY OR DEATH TO AN ANIMAL:

The operator of a vehicle involved in an accident resulting in injury or death to a domestic 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 animal and shall supply the information required in this section. 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 the vehicle shall immediately notify the police department. (Ord. 756, 1-9-2006)

6-7-10 ANIMAL CRUELTY:

A.    Generally: It shall be unlawful for any person to deprive any animal of necessary sustenance or to cruelly beat, torment, torture or cause any animal to suffer inhumanely, or to kill any animal in an inhumane manner. Any person violating this section shall be guilty of a misdemeanor.

B.    Poisoning Of Animals: No person shall intentionally place or expose or cause to be placed or exposed in any yard or lot or vacant or enclosed land, or on any gallery, fence, doorstep or porch, or in any outhouse or in 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 domestic animal or fowl, any poisonous substance which, if taken internally, may cause death or serious sickness; provided, that this section shall not apply to the killing by poison of any domestic animal or domestic bird in a lawful or humane manner by the owner thereof or by a duly authorized servant or agent of such owner or by person acting pursuant to instructions from a public authority.

C.    Abandonment Prohibited; Adequate Food, Water And Shelter Required:

1. No animal shall be abandoned nor left unattended for more than twenty four (24) consecutive hours without adequate care.

2. Every animal shall be provided with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care, when needed to prevent suffering, and humane care and treatment.

D.    Mistreatment Or Permitting Fights Prohibited: No person shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. Anyone who permits such conduct on premises under his control and any person present as a spectator at such exhibition shall also be deemed a violator of this subsection.

E.    Circus 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.

F.    Confinement In Vehicle: No person shall confine an animal within or on a motor vehicle under such conditions that may endanger the animal’s health or well being. The animal control authority is authorized to remove any animal from a motor vehicle, at any location, when confined in such conditions as described in this section. Any animal so removed shall be delivered to the pound after the removing officer leaves written notice of such removal and delivery, including the officer’s name, in a conspicuous, secure location on or within the vehicle. (Ord. 756, 1-9-2006)

6-7-11 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 minimum six foot (6') high solid or chainlink fence of sufficient height to prevent the dog from reaching persons off the property. The owner shall restrain the guard dog to prevent it from reaching persons using the normal ingress and egress to and from the property. The owner shall post signs in two (2) 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. (Ord. 756, 1-9-2006)

6-7-12 SLAUGHTERING ANIMALS:

No person shall kill or slaughter any animal in the city, the flesh of which is intended to be sold or offered for sale, except that casual or isolated such sales are permitted. For purposes of this section, the term "casual or isolated sales" has the same definition as that found in section 4-1-4 of this code. (Ord. 756, 1-9-2006)

6-7-13 LIVESTOCK:

A.    Required Open Space And Minimum Dimensional Requirements For Pasturing: There shall be at least ten thousand (10,000) square feet of open space for maintaining and pasturing the first livestock animal on any parcel of property, and an additional five thousand (5,000) square feet for each additional livestock animal. In addition, the following minimum dimensional requirements for open space and pasturing shall be provided:

1. The pasture area shall have a minimum width of eighty feet (80');

2. The stable housing the livestock animals shall be set back at least thirty feet (30') from any side, rear and front property lines;

3. If any livestock animal gives birth, and thereby exceeds the maximum number of livestock animals allowed by this section, livestock animals’ owner and/or the occupier of the premises shall conform to the number of livestock animals for the property dimension requirements within one year of the birth.

B.    Fencing: The owner/occupier of the premises upon which any livestock animal is maintained in the city for more than seven (7) consecutive days shall provide adequate fencing in good repair to confine the animal within the minimum property dimension requirements.

C.    Waste Disposal: The owner of each livestock animal and the owner/occupier of the premises upon which the animal is maintained shall maintain the premises in a sanitary condition, and shall dispose of the animal’s manure or other waste material. An unreasonable accumulation of flies or other insects or pests on the premises or transcending into neighboring or vicinal real property and/or noxious or offensive odors, shall be presumed unsanitary.

D.    Livestock Running At Large, Impoundment:

1. No person owning or having charge, custody, control, or possession of any livestock shall permit such livestock to run at large upon any public or private place, or within the premises of such person in such manner as to endanger any person lawfully entering such premises. The owner of livestock must at all times keep such livestock contained within a fence or cage consistent with its age, size and species, such that the livestock cannot run at large.

2. Any livestock found running at large within the city may be impounded by the animal control authority, and disposed of according to Revised Code of Washington chapter 16.24. At any time prior to such disposition, the livestock owner may reclaim the livestock upon satisfactory proof of ownership and payment to the city of impoundment fees and costs as provided by law. (Ord. 762, 1-23-2006)

6-7-14 ANIMAL NUISANCES:

A.    Nuisance Enumerated: Every animal owner shall properly care for and control the animal to prevent them from becoming a public nuisance. Any of the following regarding animals may be considered a public nuisance and may authorize the animal control authority to take action against the animal and/or its owner or custodian as permitted by this chapter or other applicable law:

1. Any public nuisance relating to animal control known at common law or by state statute.

2. Any animal which causes, runs after or jumps at vehicles using the public streets or alleys, or which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets or other public ways.

3. Any animal which exhibits vicious propensities and which constitutes a danger to the safety of persons or property off of his premises or lawfully on his premises.

4. A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner’s premises not securely leashed, on a line, or confined and in the control of a person of suitable age and discretion to control or restrain such animal.

5. Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian.

6. Animals running in packs or groups of two (2) or more.

7. Any animal that prowls through or tips over any garbage can or other closed refuse container, or animal that enters on public or private property so as to damage or destroy any property or thing of value.

8. Any unrestrained or unleashed animal that causes persons to fear for their personal safety or that endangers the safety of any person lawfully entering any property.

9. Any animal owner that keeps, uses, or maintains within the city any pen, stable, lot, place or premises in which any animal or fowl may be confined, in such manner as to be nauseous, foul or offensive, or which for any cause becomes an annoyance to any person, family or community.

10. Any animal which is found to violate any provision of this chapter three (3) or more times within a one year period.

B.    Nuisance Abatement: Violations of this section are determined to be detrimental to the public health, safety and welfare and are declared to be public nuisances. Upon violation, the animal control authority may serve upon the violating animal owner a notice that the owner is violating this chapter, and that the animal control authority will seek a court order requiring the owner to abate the nuisance. Failure to abate such nuisance if found to exist by a court shall be deemed a violation of this chapter and, in addition to the penalties provided for violation of this chapter, the violating animal may be impounded. Service of a notice of abatement shall not be a precondition of other enforcement action if another action is available with this chapter. (Ord. 756, 1-9-2006)

6-7-15 HORSES ON CITY SIDEWALKS:

It is unlawful for any person to ride or walk a horse on the city sidewalks. A person who violates this section is guilty of a civil infraction punishable by a minimum penalty of fifty dollars ($50.00), and a maximum penalty of two hundred fifty dollars ($250.00). (Ord. 762, 1-23-2006)

6-7-16 DANGEROUS DOGS:

A.    Certificate Of Registration Required; Exception: It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued under this section. This section shall not apply to "police dogs" as defined in Revised Code Of Washington 4.24.410.

B.    Restraining And Muzzling Required: The owner of a "dangerous dog" as defined in section 6-7-2 of this chapter shall not remove, or allow by action or inaction such dog to go beyond the owner’s premises unless the dog is securely leashed and muzzled or otherwise securely restrained and muzzled.

C.    Confinement; Surety Bond: The owner of any dangerous dog shall comply with the following:

1. Construct a proper enclosure to confine a dangerous dog and post the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog, and comply with section 6-7-3 of this chapter.

2. Obtain and provide proof to the animal control authority of a surety bond issued by a surety insurer qualified under Revised Code of Washington chapter 48.28 in a form acceptable to the animal control authority in the sum of at least two hundred fifty thousand dollars ($250,000.00), payable to any person injured by the dangerous dog.

D.    Failure To Comply; Penalty: A dangerous dog owner failing to comply with this section shall be guilty of a gross misdemeanor and shall be subject to any other provision allowed by Revised Code of Washington 16.08.100 or other applicable law. The animal shall further be declared a nuisance and subject to the provisions of section 6-7-14 of this chapter. (Ord. 756, 1-9-2006)

6-7-17 BITE REPORTS:

Every animal which bites a person or domestic animal shall be promptly reported to the animal control authority and shall thereupon be securely quarantined at the direction of the animal control authority for a period of ten (10) days. At the discretion of the animal control authority, such quarantine may be on the owner’s premises, at the shelter designated as the city 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 at the pound. (Ord. 756, 1-9-2006)

6-7-18 IMPOUNDING ANIMALS:

A.    Impoundment Authority: Any animal impounding as provided for in this chapter shall be done by the animal control authority. Impounded animals shall be transported to a city approved facility for that purpose.

B.    Interference With Enforcement Officer: It is a misdemeanor for any person to interfere with, hinder, delay or impede any animal control officer or police officer attempting enforcement of any provision of this chapter, if such officer be in uniform or shall have identified themselves as an officer. If an animal is impounded or a citation issued to such person, the officer shall display proper identification to such person prior to removing the animal or issuing such citation.

C.    Notice To Animal Owner: If any dog, cat or other animal is impounded under this chapter, the impounding authority shall immediately notify the animal’s owner that the animal has been impounded, and the terms upon which the animal can be redeemed. If the impounded animal’s owner is unknown, the impounding authority shall make all reasonable effort to locate and notify the owner of the impounding of the animal.

D.    Redemption Of Impounded Animal; Fee: Any person owning, keeping or having control of any animal which has been impounded may redeem the same within three (3) working days by paying any unpaid license fees for such animal, a redemption fee as set forth in the city of Roy fee schedule, and an impounding fee as set forth in the city of Roy fee schedule. No redemption fee shall apply when:

1. It is the first impound of the animal within the current or previous calendar year; and

2. The animal is properly licensed and identifiable, or the animal’s owner contacts the city before the close of business on the day of impound; and

3. The owner redeems the animal before the close of business on the day impounded.

If such animal is not redeemed within three (3) working days by the owner, keeper or the individual in control of said animal, it may be relinquished to a nonprofit rescue organization, humanely destroyed or otherwise disposed of within the discretion of the animal control authority. The owner of any animal euthanized by the city shall be responsible for the cost incurred by the city to destroy the animal, in addition to any redemption fees and impounding fees.

E.    Injured Or Diseased Animals: Any dog, cat or other animal suffering from serious injury or disease may be impounded and euthanized by the animal control authority; provided, that the animal’s owner shall be notified. If the animal’s owner is unknown, the impounding authority shall make reasonable efforts to locate and notify the owner. (Ord. 841, 5-24-2010; Ord. 950, 8-28-2017)

6-7-19: LICENSING; FEES:

A.    License Required; Exceptions: It is unlawful for any person to own, keep or have control of a dog without having a current license tag. All dogs shall have a current license tag attached to a collar worn by the dog. This subsection shall not apply to:

1. A professionally trained and certified guide dog owned or in the custody of a blind or partially blind person.

2. 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.

3. A service dog owned by or in the custody of a disabled person. A "service dog" shall mean any dog individually trained to the disabled participant’s requirements including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items.

4. Police dogs trained and actively assisting in law enforcement operations.

B.    New Resident; Newly Obtained Dog: New residents are required to purchase a dog license within thirty (30) days of moving into the city limits of Roy. All dogs are required to be licensed within thirty (30) days of the date the dog was obtained. A late fee will be applied to each license not purchased during this thirty (30) day period.

C.    Fees:

1. Dog License Fee And Licensing Period: The dog license fee shall be the amount set forth in the city of Roy fee schedule for each unaltered dog or dog under the age of six (6) months, and the lesser amount set forth in the city of Roy fee schedule for each neutered or spayed dog. The licensing period shall commence on January 1 and terminate on December 31 of each year. A late fee will be applied to each license not purchased by January 31 of the licensing period.

2. Prorated Initial License Fee: The dog license fee for the first licensing period shall be prorated for the number of months or partial months from the date the dog is obtained or arrives in the city, to the end of the same calendar year.

3. Replacement Tag Fee: A replacement fee as set forth in the city of Roy fee schedule will be charged in the event the original tag is lost or destroyed.

4. Fee for Certificate of Registration of Dangerous Dog: The fee to issue a certificate of registration is set forth in the city of Roy fee schedule.

D.    Spay/Neuter Certificate: If a resident desires to license a dog as spayed or neutered, a copy of the spay/neuter certificate from a licensed veterinarian must be submitted. Other acceptable proof includes a veterinary bill or other invoice detailing the alteration surgery.

E.    Discounted Fees: A discount as set forth in the city of Roy fee schedule may be authorized by the city council for a dog that has a microchip or a registered tattoo; evidence of microchip or registration of tattoo must be provided at the time of licensing. A discount as set forth in the city of Roy fee schedule may be authorized by the city council for dogs owned by residents over the age of sixty-five (65).

F.    Cat Registration: Cats may be registered for a fee as set forth in the city of Roy fee schedule. The city clerk will maintain a list of registered cats with identifying information.

G.    Late Fees: Late fees to be applied for failure to license a dog by January 31 each year shall be as set forth in the city of Roy fee schedule for each unlicensed dog.

H.    License Nontransferable: Dog licenses and cat registrations as provided for in this section shall be nontransferable. (Ord. 841, 5-24-2010; Sub. Ord. 968, 8-13-2018)

6-7-20 LIABILITY FOR INJURY BY DOGS:

The owner or keeper of a dog shall be liable to the person injured or property owner injured by such dog and shall pay medical expenses as well as other costs, damages, fees and assessments as are allowed by law. (Ord. 756, 1-9-2006)