Chapter 8.08
DOGS
Sections:
8.08.025 License – Exemptions.
8.08.030 License – Record kept by clerk.
8.08.040 Impoundment – Required when.
8.08.050 Nuisances declared – Pack defined.
8.08.060 Impoundment – Redemption procedure.
8.08.070 Impoundment – Notice requirements.
8.08.080 Impoundment – Hearing.
8.08.090 Impoundment – Fees, charges.
8.08.100 Poundmaster – Contract – Bond required.
8.08.110 Impoundment – Release to other than owner.
8.08.120 Impoundment – Record to be kept by poundmaster.
8.08.130 Interference with impoundment authorities prohibited.
8.08.140 Care of animals required.
8.08.150 Harming animals prohibited.
8.08.160 Beating, killing animal prohibited.
8.08.165 Livestock running at large.
8.08.170 Penalties for violation.
8.08.010 License – Required.
It is unlawful for any person, firm or corporation to own, keep, harbor or maintain any dog, male or female, in the city without paying the license fee, obtaining the license from the city clerk and keeping the license attached to the dog. (Ord. 221 § 1, 1957)
8.08.020 License – Tag – Fee.
(1) Dog licenses shall be required of all dogs housed within the city. Said license shall be a one-time license which is specific to that animal and that owner. Change in ownership of the animal shall require that a new license be purchased. No license shall be issued by the city without proof of a current rabies vaccination. The license fees to be charged by the city are as follows:
|
Fertile animal |
$25.00 |
|
Spayed/neutered animal with proof of procedure |
15.00 |
|
Optional pet license |
10.00 |
|
Lost/replacement tag |
10.00 |
(2) That the fees outlined in subsection (1) of this section shall be due and a license must be obtained on or before the first day of March, 1995, or within 30 days after acquiring the dog, or within 30 days after moving into the city with the dog. (Ord. 1152 § 1, 1994; Ord. 776 § 1, 1981; Ord. 561 § 4, 1975; Ord. 221 § 2, 1957)
8.08.025 License – Exemptions.
Licensing requirements of WMC 8.08.010 and 8.08.020 do not apply to veterinary clinics, animal pounds and shelters, pet stores, dog grooming establishments or commercial kennels that are in compliance with applicable city codes, including but not limited to health, safety and zoning requirements. (Ord. 1739 § 1 (Exh. A), 2013)
8.08.030 License – Record kept by clerk.
The city clerk shall keep a record of all dog licenses showing the number of each license, the name and address of the applicant or owner, the sex and general description of each dog so licensed. (Ord. 221 § 3, 1957)
8.08.040 Impoundment – Required when.
(1) Running at Large. It is unlawful for any person, firm or corporation being the owner or custodian of any dog to permit any such dog to run loose or to be at large upon any public street, highway or public place or upon private property owned by a person or persons other than the owner or custodian of the dog, within the corporate limits of the city.
(2) Exceptions. All dogs found upon any public streets, highways or public places in the city shall be deemed to be running loose or to be at large within the meaning of this chapter, except such dogs as may be under control by means of chain or leash or may be in or upon any vehicle and while therein or thereon shall be deemed to be under the personal control of the owner or custodian thereof. Dogs in designated off-leash areas must be accompanied by the owner or custodian, be under the owner’s or custodian’s control, not cause a public nuisance or a safety hazard, including the harassment of people, other dogs, or wildlife.
(3) Impounding. Any person employed by the city as dog catcher or any city police officer is authorized to impound any dog found running loose or at large as defined in this chapter and also any dog which has bitten any person; and further, shall have the authority to issue notice and citation to appear for any violations of this chapter. The notice and citation shall contain substantially the same information as the uniform traffic ticket and complaint and shall include:
(a) The name of the court and a space for the court’s docket, case or file number;
(b) The name of the person, his address, date of birth and sex;
(c) The date, time, place and description of the offense charged, the date on which the citation was issued and the name of the citing officer;
(d) The time and place at which the person is to appear in court, which need not be a time certain, but may be within 72 hours or within a greater period of time not to exceed 15 days after the date of the citation;
(e) A place for the person to sign a promise to appear.
To secure his release, the person must give his written promise to appear in court as required by the citation and notice served. (Ord. 1668 § 1 (Exh. A), 2010; Ord. 544 § 1, 1975; Ord. 407 § 1, 1969; Ord. 310 §§ 1, 2, 1964; Ord. 221 § 4, 1957)
8.08.050 Nuisances declared – Pack defined.
The following specific acts, omissions, places, conditions and things are declared to be nuisances, but said enumeration shall not be deemed to be exclusive, namely:
(1) Any three or more dogs running at large in a pack upon any public street, highway or public place, or upon private property owned by a person or persons other than the owner of or custodian of such dogs, within the corporate limits of the city. “Pack,” as used herein, means three or more dogs congregating, flocking or grouping together;
(2) Animal Noise. It is unlawful for any person to cause, or for any person in possession of real or personal property to allow to originate from the property, frequent, repetitive, or continuous howling, barking, squawking or other noises made by any animal which unreasonably disturb or interfere with the peace, comfort and repose of any property owner or possessor; except such sounds made by livestock, other than potbellied pigs, whether from commercial or noncommercial activities on land which is properly zoned to keeping of livestock, and such sounds made in pet shops, grooming parlors, animal shelters, kennels, and dog day care. It is unlawful for any person, firm or corporation being the owner or custodian of any dog to permit such dog to bark, bay, cry, howl or make any other noise continuously for a period of 10 minutes or more or bark intermittently for one-half hour (30 minutes) or more to the reasonable disturbance of any person at any time of the day or night regardless of whether the dog is physically situated on property under the control of the owner or custodian of the dog; provided, however, that it is an affirmative defense under this subsection that the dog was intentionally provoked to bark or make any other noise by the injured person or any other person; provided, that enactment of this provision shall in no way abrogate any other provision of this code concerning animal noise;
(3) The keeping of rabbits, chickens, goats, cats, pigs, bees, mules, horses, mink, dogs, muskrats or any other animals within the city limits of the city of Washougal that are of such a nature as to create offensive smells, noises and conditions in the vicinity in which they are kept;
(4) The riding or walking of horses on the sidewalks of the city, or in any manner, allowing a horse or horses to use the sidewalks of the city. (Ord. 1830 § 1 (Exh. A), 2017; Ord. 1739 § 1 (Exh. A), 2013; Ord. 765 § 1, 1981; Ord. 531 § 1, 1974; Ord. 310 § 4, 1964)
8.08.060 Impoundment – Redemption procedure.
Whenever a dog is impounded under authority of this chapter, a written notice shall be sent to the owner or custodian of such dog if such person is known. The owner or custodian shall have three days after notice issuance to reclaim the dog, and if he fails to claim the dog within such time and pay the fees provided for herein, the dog shall be sold or humanely killed at the expiration of such period. All dogs impounded for having bitten a person shall not be released until expiration of a 14-day period to allow an appropriate health check. (Ord. 221 § 5, 1957)
8.08.070 Impoundment – Notice requirements.
Whenever a dog is impounded and the owner or custodian thereof is unknown, a notice shall be forthwith posted in a conspicuous place on a bulletin board at the police station. The notice shall contain a general description of the impounded dog showing breed, sex, color and markings, and shall designate the date upon which the described dog shall be sold or otherwise disposed of unless sooner claimed and redeemed. Such date shall be not less than three days after impounding of the dog. If no claim or redemption by the owner or custodian of the described dog be made within the time fixed by the notice, such dog shall be sold or humanely killed at the expiration of such period. (Ord. 221 § 6, 1957)
8.08.080 Impoundment – Hearing.
In all cases where the owner or custodian of any impounded dog shall file with the chief of police a written notice or demand for hearing before the expiration of the time herein provided for the disposing of such dog, such person shall be entitled to a hearing before the police judge upon the question of the rightful impounding of the dog. Upon receipt of such notice the chief of police shall forward the demand or notice forthwith to the police judge who shall proceed to a trial of the question of the right of the city to impound the dog under the terms of this chapter, and upon the completion of such hearing shall enter a judgment sustaining such impounding or directing the release of the impounded dog as the evidence submitted shall warrant. Upon the entry of judgment sustaining the city in such impounding, the dog shall be sold or killed in the manner hereinafter provided unless the owner or custodian shall redeem the dog. (Ord. 221 § 7, 1957)
8.08.090 Impoundment – Fees, charges.
(1) Any dog impounded under the authority of this chapter may be released to the owner or custodian thereof upon payment of the following fees and charges:
(a) A boarding fee of $20.00 per day, veterinarian fees and other direct expenses incurred during and in connection with the impoundment and the following:
|
First impoundment |
$25.00 |
|
Second impoundment |
$75.00 |
|
Third and subsequent impoundment |
$150.00 |
(2) For dogs impounded in the city of Camas the animal control facility fees shall be as follows: Impound fees shall be the sum of $15.00 per day for each impoundment. (Ord. 1683 § 1 (Exh. A), 2010; Ord. 1661 § 1 (Exh. A), 2010; Ord. 1355 § 1, 1999; Ord. 1152 § 1, 1994; Ord. 949 § 1, 1989; Ord. 826 § 1, 1984; Ord. 776 § 2, 1981; Ord. 605 § 1, 1976; Ord. 531 § 2, 1974; Ord. 495 § 1, 1973; Ord. 221 § 8, 1957)
8.08.100 Poundmaster – Contract – Bond required.
The city manager and city clerk are authorized to enter into a contract from year to year with any person, firm or corporation within the limits of Clark County, Washington, who shall provide a place for and care for impounded dogs. Such contract shall require the person, firm or corporation, hereinafter designated as poundmaster, to comply with the terms of this chapter, and to furnish a bond in a sum of not less than $1,000 to guarantee proper compliance with this chapter and with the contract. The poundmaster and/or agents are authorized to impound the dogs in the name of the city and to retain and/or dispose of same until and/or unless all fees and expenses as provided in WMC 8.08.090 shall have been paid in full. (Ord. 1917 § 1 (Exh. A), 2020; Ord. 221 § 9, 1957)
8.08.110 Impoundment – Release to other than owner.
If an impounded dog is not claimed by its owner or custodian within the time limits fixed above, it may be released to any person upon payment of the fees and charges fixed in WMC 8.08.090 and by resolution, subject to claim of the owner of such dog upon reimbursement of the fees and charges so paid; and provided, that the claim of such owner is made within one month after the date of impounding. Upon releasing any dog to a person other than its owner, the poundmaster shall obtain and keep a written receipt from such person acknowledging that such person holds the dog subject to the claim of the owner upon reimbursement of the fees and charges paid. (Ord. 221 § 10, 1957)
8.08.120 Impoundment – Record to be kept by poundmaster.
The poundmaster shall make in triplicate a detailed record of each dog impounded showing the date and time impounded, description of the dog, name and address of the owner or custodian, name and address of person to whom dog is released, date released or the date and method of other disposal. The original of such record shall be retained by the poundmaster, the duplicate copy shall be delivered to the city clerk and the triplicate copy shall be filed monthly with the city treasurer. (Ord. 221 § 11, 1957)
8.08.130 Interference with impoundment authorities prohibited.
It is unlawful for any person to interfere in any way with any police officer or person employed as a dog-catcher engaged in seizing or impounding any dog under the authority of this chapter. (Ord. 221 § 12, 1957)
8.08.140 Care of animals required.
It is unlawful for any owner or custodian of any dog or other animal to fail to provide proper food, water, shelter, light, air or exercise facilities for the animal. Any person in violation of this section may be cited for violation thereof. Whenever it appears that a dog or other animal is being kept in violation of the above provision or it appears that the dog has been abandoned or left in violation of WMC 8.08.040(1) and (2), it may be impounded pursuant to WMC 8.08.040(3). (Ord. 531 § III, 1974)
8.08.150 Harming animals prohibited.
It is unlawful for any person to wilfully and/or maliciously poison any dog or other domestic animal or to lay out or expose on the premises of another, or in any unenclosed place, any kind of poison or to leave exposed any poisoned food or drink harmful or fatal to man or domestic animals or any substances or fluid whatever, whereon or wherein there has been deposited or mingled any kind of poison or poisonous or deadly substance or fluid, or to aid or abet any person in so doing; provided, this shall not make for criminal liability any person using any kind of standard fertilizer or insecticide on his own property. (Ord. 531 § IV, 1974)
8.08.160 Beating, killing animal prohibited.
It is unlawful for any person to wilfully and cruelly beat or cruelly injure any animal, or to kill any animal owned by another, or to kill any animal he himself owns by any mode or means which cause it unnecessary fright or pain. It further is unlawful for any person by neglect or otherwise, to cause or allow any animal to endure unnecessary pain, suffering or injury. (Ord. 531 § V, 1974)
8.08.165 Livestock running at large.
It is unlawful for the owner of any livestock to allow same to run at large within the corporate limits of the city, or to stake, tie or herd the same on any city street in the city or on the premises of which the owner of such livestock is not the owner, or entitled to the possession of the premises. (Ord. 1236 § 1, 1997)
8.08.170 Penalties for violation.
Violation of any of the provisions of this chapter shall be deemed a nontraffic infraction for which a notice of infraction shall be issued. The notice of infraction shall be in the same form and shall contain the same information as prescribed for a notice of traffic infraction as specified in WMC 10.08.010 and RCW 46.63.060. The procedures for responding to a notice of infraction issued pursuant to this chapter shall be the same as required for traffic infractions by the WMC 10.08.010 and RCW 46.63.070. Hearing on notices of infraction issued pursuant to this section shall be conducted in the same manner as traffic infraction hearings, the procedures for which are set forth in WMC 10.08.010 and RCW 46.63.080 through 46.63.100 and RCW 46.63.120. Any person found to have committed a violation of this chapter shall be assessed a monetary penalty not to exceed $250.00. (Ord. 794 § 1, 1982; Ord. 605 § 2, 1976; Ord. 531 § IV, 1974; Ord. 481 § 1, 1972)
8.08.180 Failure to respond.
Any person failing to respond to a notice of infraction issued pursuant to this chapter in one of the ways provided for by WMC 8.08.170 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment for a period of not more than 30 days, or by both such fine and imprisonment. (Ord. 794 § 2, 1982)