Chapter 6.04
DOG CONTROL
Sections:
6.04.020 Running at large prohibited.
6.04.030 Identification tag and registration required.
6.04.040 Impoundment and notice.
6.04.050 Rabies vaccine required.
6.04.060 Operating a dog kennel or cattery – Permit required.
6.04.070 Penalty for violation of animal control ordinance.
6.04.080 Potentially dangerous dog.
6.04.090 Dangerous dog – Declaration and registration.
6.04.110 Penalty for violations.
6.04.010 Definitions.
The following definitions apply to this chapter unless the context indicates otherwise:
A. “Animal control authority” means a person or entity authorized by statute or contract to enforce the animal control laws of the city.
B. “Animal control officer” means:
1. Any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law relating to the licensure, control, or seizure and impoundment of animals; or
2. Any state or local law enforcement officer, or any other official whose duties in whole or in part include the seizure and impoundment of any animal.
C. “Dangerous dog” means any dog that:
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 its owner’s property;
3. Has inflicted multiple bites to a single human being or individual bites to more then one human being or more than one domestic animal within a 24-hour period without provocation on public or private property;
4. Has been declared a potentially dangerous dog, the owner having received notice of such finding, and again commits an act proscribed by subsection (G) of this section; or
5. Has been declared a dangerous dog as provided in TMC 6.04.090.
D. “Dog running at large” means a dog which is physically off the premises of the owner of the dog or outside of the proper enclosure and which is not under the appropriate physical restraint of a responsible person physically able to restrain the dog, restrained by a substantial chain or leash 25 feet or less in length, or under strict command control.
E. “Hearings officer” for this chapter shall consist of the chief law enforcement officer of the city, or his designee in the event of absence or conflict.
F. “Owner” means any person possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
G. “Potentially dangerous dog” means:
1. Any dog that when unprovoked:
a. Inflicts bites on a human or a domestic animal, either on public or private property; or
b. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
2. Any dog with a known propensity, tendency, or disposition to attack unprovoked to cause injury, or otherwise to threaten the safety of humans or domestic animals.
H. “Proper enclosure” of a dangerous dog means:
1. That while on the owner’s property a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure;
2. A pen or structure with secure sides, top, and bottom, providing protection from the elements, suitable to prevent the entry of young children and designed to prevent escape of the animal.
I. “Severe injury” means any physical injury that results in broken bones, disfigurement, or lacerations requiring multiple sutures or cosmetic surgery. (Ord. 570 § 1, 2000).
6.04.020 Running at large prohibited.
No person, firm, or corporation shall allow their dog to run at large in the city. (Ord. 570 § 1, 2000).
6.04.030 Identification tag and registration required.
Any person, firm, or corporation having, keeping, or owning a dog within the city limits shall obtain a dog identification tag and register their dog, or dogs, with the police department or City Hall. There will be no charge for the registration and identification tag. A record of the registration shall be kept on file by the police department. Officers impounding a dog with proper local registration and identification tag may attempt to return the dog to the proper owner.
Dog owners may, if they choose, provide a photograph of the registered dog to aid in the identification and return of their dog. The photograph must be less than three inches by five inches and will be attached to the back of the registration by the police clerk.
The photograph will become property of the city and will be retained as an added service to the dog owner. Photographs should be updated from time to time at the discretion of the dog owner for the best possible identification. (Ord. 570 § 1, 2000).
6.04.040 Impoundment and notice.
Dogs found running at large may be impounded by the police department unless the dog is an apparent danger to the officer, another person, or the community in which case the immediate destruction of the animal may be necessary to ensure safety to the individual, the community and/or the officer.
When officers have attempted to impound an apparently stray dog and have exhausted all reasonable means of impoundment, officers may destroy the dog in a safe and humane manner.
Any time a dog is impounded by the police department, the officer impounding the dog shall attempt to locate the owner and notify the owner by phone, posted notice, or in person that the dog has been impounded. If the owner is found, an impoundment fee of $25.00 must be paid to reclaim the dog.
If it is not reasonably possible to determine who the dog owner is, the impounding officer shall post a notice of the impound at the front door of City Hall and the police department.
If the dog has not been called for by its owner or custodian within 48 hours after the date of mailing or posting the notice of impoundment, the dog may be destroyed at the sole cost and expense of the city; provided, however, that at the discretion of the city, the dog may be delivered into the care of a suitable animal foster care facility approved by the city, with a payment equal to the cost of destroying said animal.
If the owner or custodian has contacted the police department but cannot pick up the dog immediately, the dog may be lodged at the city pound or another approved facility until the owner can recover the dog; provided, however, that lodging shall not exceed three days. Boarding fees of $5.00 per day, or any part of a day, shall be paid by the owner or adoptive person for keeping the dog at the city pound. Boarding and fees at another approved facility, as arranged by the dog owner, shall be the responsibility of the dog owner or custodian.
Boarding fees owed to the city must be paid prior to release of the dog and shall be paid to the city clerk-treasurer’s office during regular business hours. Boarding fees may be paid after hours to the on-duty police officer but will have to be in the form of a money order, or at the discretion of the police officer, a check, which must be made out to the city of Tonasket and marked “dog boarding fee.” No checks will be taken unless a Washington State driver’s license or I.D. card is presented. Officers will not take cash payment and will not issue receipts for payment. The check or money order copy must serve as the receipt until the next business day. The officer receiving the check or money order will make an entry in his or her daily log to document the payment and put the payment in the City Hall night slot. A city receipt for payment may be obtained on the next business day from City Hall.
The owner of the impounded dog may appeal the validity of the impound and fees for the impound and boarding to the city’s hearing officer. The appeal must be filed with the hearing officer’s office within 14 days of the owner recovering the dog.
The hearing officer may either:
A. Affirm the decision of the animal control officer to impound the dog including imposition of impound fees and boarding fees; or
B. Find that the impound was invalid under the law and order the impound and boarding fees returned to the owner. (Ord. 603 § 1, 2003; Ord. 570 § 1, 2000).
6.04.050 Rabies vaccine required.
It shall be against the law for any person to keep, maintain or care for any dog over the age of six months in the city of Tonasket unless proof of a current (within three years) rabies vaccination for that dog is immediately available in the form of a rabies tag on the collar and a certificate of vaccination from the veterinarian, in the owner’s records. After impoundment, no dog over the age of six months shall be released by the city without proof of a rabies vaccination within the last three years. Any person recovering or adopting an impounded dog must present proof that the dog has a current (within three years) rabies vaccination or must arrange, at his or her own expense, to have the dog vaccinated prior to release from impoundment. Dogs less than six months will be exempt from the rabies vaccination requirement. Officers may assist the process by transporting the dog to the nearest licensed veterinary clinic or hospital, when one is available near or in the city of Tonasket and release the dog to the veterinary facility with the assurance that the dog will be properly vaccinated prior to release by the facility. (Ord. 570 § 1, 2000).
6.04.060 Operating a dog kennel or cattery – Permit required.
Any person, custodian, business or corporation who shall operate a dog kennel and/or cattery within the city of Tonasket will be required to obtain a kennel/cattery permit from the city of Tonasket prior to opening the kennel/cattery. Kennel/cattery permits shall only be issued after review and approval of the application for a kennel/cattery permit by the city council, the planning commission, the building department, the mayor of Tonasket and the chief of police.
A kennel/cattery permit shall be required whenever more than three dogs or three cats over the age of six months are kept, boarded, maintained or cared for within the city of Tonasket at any one residence, property or place of business for a period of more than 48 hours at a time.
Kennel/cattery permits, after approval, may only be issued after payment of an initial permit fee as per the adopted fee schedule and must be renewed annually with the payment of an annual renewal fee as per the adopted fee schedule. The city may, at any time, for cause, cancel or decline to renew a kennel/cattery permit.
Operations with canceled, revoked, declined and/or expired permits may only be reauthorized upon application of a new permit and payment of the initial fee.
Licensed veterinary clinics and/or hospitals will be exempt from the requirement for a kennel/cattery permit. (Ord. 747 § 1, 2014; Ord. 570 § 1, 2000).
6.04.070 Penalty for violation of animal control ordinance.
Animal control officers may cite animal owners or custodians for any violation of the animal control ordinance. Penalties for violations shall be separate from, and in addition to, any boarding costs and other costs incurred or fees levied by the city as set forth herein.
Citations may be issued for, but not limited to, the following violations of this chapter:
A. Dog running at large;
B. Failing to register a dog;
C. Registered dog without registration tag on collar;
D. Registered dog without rabies tag on collar;
E. Using a Tonasket identification tag on an unregistered dog;
F. Having or operating a kennel/cattery without a permit.
Reasonable fine/bail amounts shall be established by the Tonasket municipal court. An annotation of the fine/bail amounts shall be sent to the police department after they are established and/or revised. (Ord. 570 § 1, 2000).
6.04.080 Potentially dangerous dog.
A. When an animal control officer has probable cause based upon his or her records or investigation of an incident to believe that a dog is a potentially dangerous dog, the officer shall declare the dog to be a potentially dangerous dog by the issuance of a potentially dangerous dog declaration. No further restrictions are placed on the dog owner as to the maintenance of the dog by declaration of the dog to be a potentially dangerous dog, except as may be set by state law. The potentially dangerous dog declaration is a warning and precursor to the declaration of the dog to be a dangerous dog, if the dog continues to display threatening and aggressive behavior as described in TMC 6.04.010(G).
B. Appeal of Potentially Dangerous Dog Declaration. A potentially dangerous dog declaration by an animal control officer may be appealed to the city’s hearing officer. An appeal must be filed with the hearing officer’s office within 14 days of service of the potentially dangerous dog notice. The hearing officer shall either:
1. Affirm the decision of the animal control officer in issuing the potentially dangerous dog declaration; or
2. Dismiss the declaration. (Ord. 570 § 1, 2000).
6.04.090 Dangerous dog – Declaration and registration.
A. When an animal control officer has probable cause based upon his or her records or investigation of an incident, to believe that a dog is a dangerous dog, the officer shall declare the dog to be a dangerous dog by the issuance of a dangerous dog declaration.
B. Upon issuance of the dangerous dog declaration, the animal control officer shall immediately confiscate the dog and place the dog in the animal control authority’s shelter pending final disposition.
C. If the animal is licensed, the animal control officer shall serve the owner of the dog with notice of the dangerous dog declaration, either in person or by regular and certified mail, return receipt requested, to the address listed on the animal license within seven days of the declaration being made. Service, if by mail, shall be considered completed three days after mailing of the notice. The notice shall state:
1. The basis for the dangerous dog declaration;
2. The reason(s) the animal control authority considers the dog to be dangerous;
3. A statement that the dog is subject to registration and controls required by this chapter; and
4. An explanation of the owner’s rights and the proper procedure to appeal the declaration.
D. No owner may keep a dangerous dog, except a dog used by law enforcement officers for police work, without a certificate of registration issued under this chapter. The certificate of registration must be acquired within 14 days of service of the dangerous dog notice unless the owner has appealed the dangerous dog declaration pursuant to subsection (F) of this section.
E. The animal control authority of the city shall issue a certificate of registration to the owner of a dangerous dog, if the owner presents to the authority sufficient evidence of:
1. A proper enclosure to confine a dangerous dog; and
2. The posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property, and the conspicuous display of a sign with a warning symbol that informs children of the presence of a dangerous dog; and
3. a. A surety bond issued by a surety/insurer qualified under Chapter 48.28 RCW, in a form acceptable to the animal control authority, in the sum of at least $50,000, payable to any person injured by the dangerous dog; or
b. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog; and
4. A permanent identification, acceptable to the animal control authority, on the dog such as microchip identification, a tattoo or other methods of acceptable identification; and
5. Additional conditions determined by the animal control authority to be necessary to protect the public health, safety and welfare.
F. Appeal of Dangerous Dog Declaration. A dangerous dog declaration by an animal control officer may be appealed to the city’s hearing officer. An appeal must be filed with the hearing officer’s office within 14 days of service of the dangerous dog notice. An appeal does not proceed until the owner has complied with the requirements of subsection (E) of this section. The hearing officer shall either:
1. Affirm the decision of the animal control authority in issuing the dangerous dog declaration; or
2. Dismiss the declaration; or
3. Reduce a dangerous dog declaration to a potentially dangerous dog declaration based upon the evidence presented during the appeal. The hearing officer’s decision may be appealed to the Okanogan County superior court within 14 days from the date the decision is issued.
G. If an owner fails to register the dog as a dangerous dog within 14 days of service of the animal control authority’s notice, or of the hearing officer’s decision affirming the animal control authority’s determination, and no restraining order has been served upon the animal control authority, the dog shall be euthanized. (Ord. 645 § 1, 2007; Ord. 570 § 1, 2000).
6.04.110 Penalty for violations.
Animal control officers may cite animal owners or custodians for any violation of the animal control ordinance. Penalties, as set forth in Chapter 1.08 TMC, for violations shall be separate from, and in addition to, any boarding costs and other costs incurred or fees levied by the city as set forth herein. (Ord. 570 § 1, 2000).