Chapter 5.28
LICENSE – ANIMALS1

Sections:

5.28.010    Definitions.

5.28.015    Animal licenses and registrations generally.

5.28.020    Excess pet license.

5.28.025    Guard or attack dog license.

5.28.030    Fees.

5.28.040    Offenses relating to licensing.

5.28.050    Offenses relating to sale of animals.

5.28.060    Offenses relating to safety and sanitation.

5.28.070    Offenses relating to cruelty.

5.28.080    Repealed.

5.28.085    Dangerous dogs.

5.28.090    Offenses relating to control.

5.28.100    Offenses relating to dangerous animal.

5.28.110    Animal shelter.

5.28.120    Detainment and disposal.

5.28.130    Adoption.

5.28.140    Nuisance.

5.28.150    Rabies control.

5.28.160    Enforcement.

5.28.170    Initiation of violation.

5.28.180    Authority to issue humane infraction.

5.28.190    Service of notice.

5.28.200    Notice – Contents.

5.28.210    Filing of notice.

5.28.220    Response to notice.

5.28.230    Penalties.

5.28.240    Dangerous dogs – Registration required.

5.28.250    Potentially dangerous dogs – Registration required.

5.28.260    Potentially dangerous dogs – Notification of declaration.

5.28.270    Potentially dangerous dogs – Requirements for restraint.

5.28.280    Potentially dangerous dogs – Confiscation conditions.

5.28.290    Potentially dangerous dogs – Owners of dogs that attack – Affirmative defenses – Penalties.

5.28.300    Appeal of department’s decision to confiscate or dispose of a potentially dangerous dog or dangerous dog.

5.28.310    Slaughtering, butchering or killing of animals or fowl.

5.28.010 Definitions.

As used in this chapter, except where a different meaning is plainly apparent from the context, the following definitions apply:

(1) “Administrative fee” means the charge levied by the Wenatchee Valley Humane Society’s animal shelter for apprehending an animal and placing it in custody.

(2) “Alter” means to permanently render an animal incapable of reproduction for medical reasons, whether or not surgically altered.

(3) “Animal” means the vertebrates except for homo sapiens.

(4) “City” means the city of Wenatchee.

(5) “Dangerous animal” means any animal other than a cat or dog determined by the director, following a hearing, to be a risk to human health or safety or health or safety of other animals.

(6) “Dangerous dog” means the same as is defined in RCW 16.08.070, as it now exists or may hereafter be amended.

(7) “Department” means the department of the humane society and animal shelter.

(8) “Detain” means to apprehend and/or keep an animal in custody.

(9) “Director” means the director of the Humane Society.

(10) “Disposed of in a humane manner” means adopted or euthanized by an overdose of sodium phenobarbital.

(11) “Guard dog” or “attack dog” means any member of a dog family canine not owned by a government agency which has been trained and is used for the purpose of protecting persons or property by exhibiting hostile and aggressive behavior or which will attack on signal or command.

(12) “Harboring” means allowing any animal to remain, be lodged, fed or sheltered on a property one owns, occupies or controls for more than 24 hours.

(13) “Holding period” means 72 hours commencing 1:00 a.m. following the date of detainment of any animal excluding the days the Wenatchee animal shelter is not open to the public.

(14) “Humane officer” means any employee of the humane society.

(15) “Humane society” means any organization whether private or public that the city contracts with for the control of animals within the city limits and enforcement of these ordinances.

(16) “Owner” means the same as is defined in RCW 16.08.070, as it now exists or may hereafter be amended.

(17) “Permit” means human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent or negligent.

(18) “Potentially dangerous dog” means the same as is defined in RCW 16.08.070, as it now exists or may hereafter be amended.

(19) “Trespassing” means an animal which enters upon the property of another person without the authorization of the lawful occupant. (Ord. 2002-34 §§ 1, 2; Ord. 2001-03 § 3; Ord. 2494 § 2, 1982)

5.28.015 Animal licenses and registrations generally.

The following animal licenses and registrations shall be required: dog licenses, cat licenses, excess pet licenses, guard and attack dog licenses, dangerous animal licenses, dangerous dog registrations, and potentially dangerous dog registrations. The licenses and registrations are not transferable. Applications for licenses, registrations, and permits shall be made on forms approved by the director of the department and shall be accompanied by the fees set by city ordinance and proof of alteration if the animal is altered. Licenses and registrations shall be issued in the name of the owner and shall be numbered serially. Identification tags inscribed “Wenatchee,” a number corresponding to the license and the year of issue shall accompany each license issued. Licenses and registrations shall be issued for a 12-month period. Any owner of a dog or cat that is four months of age or older must obtain a valid license for each such animal. Licenses and registrations shall be renewed annually. (Ord. 2013-31 § 1; Ord. 2002-34 § 3; Ord. 3129 § 1, 1995; Ord. 2698 § 1, 1987; Ord. 2494 § 5, 1982)

5.28.020 Excess pet license.

No persons shall keep more than three dogs and more than three cats that are over four months of age on any premises in the city without having an excess pet license for each of the premises at which the animals are kept. The director shall issue a license only after it has been determined that the premises proposed to be licensed is sanitary and that its use is consistent with the public peace, health, safety, and welfare and in conformity with all Health Department rules and regulations. (Ord. 2013-07 § 1; Ord. 3129 § 2, 1995; Ord. 2494 § 6, 1982)

5.28.025 Guard or attack dog license.

No person shall use a guard dog or attack dog without first obtaining a guard or attack dog license therefor. The applicant for the guard or attack dog license shall certify the following information:

(1) The name and address of the owner of the guard dog or attack dog, a description of the dog, and the address of the business name, if any, of the premises the dog will guard;

(2) The name and address of the trainer, and the name and address of the purveyor of the dog;

(3) That the premises the dog will guard are adequately secured for safety of the public;

(4) That signs are displayed on the premises at all entrances clearly warning that a guard or attack dog is on duty;

(5) That the user of the guard or attack dog is aware of and understands the aggressive nature of the dog. (Ord. 2494 § 7, 1982)

5.28.030 Fees.

(1) The fee for each new dog and cat license for each annual period of renewal shall be:

(a) Dogs: altered, $20.00; unaltered, $60.00.

(b) Cats: altered, $10.00; unaltered, $30.00.

(c) Late fee for renewal, or failure to purchase a dog or cat license more than three days after its expiration, will be $10.00 additional.

(d) Dog and cat owners who are 62 years of age, or who are disabled, will pay 50 percent of fees otherwise payable.

(2) The fee for each guard dog license shall be $50.00.

(3) The fee for each excess pet license shall be $50.00 (in addition to the license fee for each individual animal).

(4) Other animal control fees shall be:

(a) Administration fee, $50.00.

(b) Board fee, $15.00 per day.

(c) Vaccination fee for dogs $15.00; for cats $10.00.

(5) The annual fee for each dangerous dog registration shall be $100.00, in addition to regular dog licensing fees.

(6) The annual fee for each potentially dangerous dog registration shall be $100.00, in addition to regular dog licensing fees.

(7) Service animals shall be exempted from the licensing fees set forth herein. (Ord. 2013-07 § 2; Ord. 2011-54 § 1; Ord. 2003-36 § 1; Ord. 2002-34 §§ 4, 5; Ord. 2001-03 § 2; Ord. 3129 § 3, 1995; Ord. 3060 § 1, 1994; Ord. 2918 § 1, 1991; Ord. 2494 § 19, 1982)

5.28.040 Offenses relating to licensing.

It is unlawful for the owner of an animal to:

(1) Fail to obtain the license required by the animal control fee ordinance;

(2) Fail to display conspicuously a license identification tag on the licensed animal;

(3) Fail to show the license upon request of any animal control officer or police officer. (Ord. 2494 § 8, 1982)

5.28.050 Offenses relating to sale of animals.

For the purpose of consumer protection, it is unlawful to:

(1) Sell any animal known to be sick or injured unless the buyer is given at the time of sale written notice of the condition of the animal;

(2) Sell any animal known to be vicious. (Ord. 2494 § 9, 1982)

5.28.060 Offenses relating to safety and sanitation.

It is unlawful for an owner to:

(1) Allow the accumulation of cat or dog feces in any open area, run, cage, or yard within 10 feet of a neighboring property line, wherein dogs and/or cats are kept and fail to remove or dispose of feces at least once every 24 hours;

(2) Fail to remove the fecal matter deposited by his or her animal on public property before the owner leaves the immediate area where the fecal matter was deposited;

(3) Fail to have in his or her possession the equipment necessary to remove his or her animal’s fecal matter when accompanied by said animal on public property or public easement;

(4) Have possession or control of any animal sick or afflicted with any infectious or contagious diseases and fail to provide treatment for such infection or disease or suffer or permit such diseased or infected animal to run at large or come in contact with other animals, or drink at any public or common watering trough or stream accessible to other animals. (Ord. 2013-07 § 3; Ord. 2494 § 12, 1982)

5.28.070 Offenses relating to cruelty.

It is unlawful for any person to:

(1) Injure, kill or physically mistreat any animal except as is especially permitted by law;

(2) Lay out to expose or leave exposed any kind of poison or poison food or drink where accessible to an animal, or place such poisonous materials in a stream or other body of water endangering fish or shellfish, provided that nothing shall prevent the reasonable use of rodent poison, insecticides, fungicides or slug bait for their intended purposes; and provided further that nothing in this paragraph shall prohibit any government agency acting in the course of its government duties;

(3) Set or bait any trap without a valid permit issued by the director; provided, no permit is required to trap rats or mice;

(4) Confine without necessary ventilation any animal in any box container or vehicle;

(5) Tease, tantalize or provoke any animal with the intent to cause fear, anger or injury;

(6) Tether or confine any animal in such a manner or in such a place as to cause injury or pain or to endanger an animal or to keep an animal in quarters that are injurious to the animal due to inadequate protection from heat or cold or that are of insufficient size to permit the animal to move about freely;

(7) Keep an animal in unsanitary condition or to provide insufficient food, water, shelter or ventilation necessary for the good health of that animal;

(8) Fail to provide his or her animal the medical care that is necessary for its health or to alleviate its pain;

(9) Permit any animal to fight with or injure other animals or permit any animal to be fought or injured by any other animal or to train or keep for the purpose of training any animal for the exhibition of such animal in combat with any other animal whether for amusement of himself, herself or others or for financial gain or permit such conduct on premises under his or her control to be present as a spectator at such exhibitions. (Ord. 2494 § 13, 1982)

5.28.080 Offenses relating to owning vicious animal.

Repealed by Ord. 2001-03. (Ord. 2494 § 14, 1982)

5.28.085 Dangerous dogs.

The provisions of RCW 16.08.070, 16.08.080, 16.08.090 and 16.08.100, attached to the ordinance codified in this section and incorporated herein as though fully set forth, be and the same are hereby adopted by reference as related to dangerous dogs within the city of Wenatchee. Copies of RCW 16.08.070 through 16.08.100 shall be kept on file with the city of Wenatchee clerk. (Ord. 2001-03 § 1)

5.28.090 Offenses relating to control.

It is unlawful for owner to:

(1) Permit any domestic animal except cats that have been spayed or neutered, or birds, to be at large; provided, that pets may be removed from the premises of the owner if restrained by a leash that is eight feet or shorter and if in the physical control of a responsible person;

(2) Permit any dog to enter any public fountain or school ground;

(3) Fail to confine any dog that is in heat in a secure enclosure so that the female dog cannot come in contact with a male unless the male is admitted by the owner of the female;

(4) Permit any animal to:

(a) Damage public property or the private property of another, or

(b) Habitually bark, whine, or howl or to spread or spill garbage;

(5) Permit any animal to trespass upon the property of another;

(6) Have in his or her possession any animal not owned by him or her without the knowledge of the owner unless he or she notifies the director of such possession within 24 hours or to fail to surrender such animal to the director upon demand;

(7) Tether an animal in such a manner as to permit the animal to enter any sidewalk, street, alley or a place open to the public or to enter any adjacent lot or premises unless authorized by the occupant of the adjacent premises;

(8) Allow his/her dog into Memorial Park during the Apple Blossom Festival when the director of the department of parks and recreation and/or the chief of police for the Wenatchee police department approves the Apple Blossom Festival to use Memorial Park and authorizes the sponsor of said event to ban dogs from Memorial Park during said festival when it is determined that the presence of dogs would create an undue risk to the health or safety of persons attending the Apple Blossom Festival.

(a) Whenever dogs have been banned from Memorial Park during the Apple Blossom Festival, no person having custody of a dog may cause or allow the dog to be in Memorial Park. This section does not apply to:

(i) Guide or service dogs; or

(ii) Dogs being used by a public officer in the performance of official duties.

(b) The designated area for prohibiting dogs at Memorial Park during the Apple Blossom Festival shall be defined as that area being within the following boundaries: King Street (north), Chelan Avenue (east), Orondo Avenue (south), and Washington Street (west).

(c) The public shall be put on notice of the ban on dogs within Memorial Park during the Apple Blossom Festival by signage posted on the perimeter of the park in conspicuous locations. (Ord. 2007-06 § 1; Ord. 3129 § 4, 1995; Ord. 2494 § 15, 1982)

5.28.100 Offenses relating to dangerous animal.

It is unlawful for any person to procure or keep a dangerous animal without the prior approval of the director, granted following a hearing to determine that the animal will be adequately controlled to protect the health and safety of humans and of other animals; provided, this prohibition shall not apply to any facilities processing or maintaining dangerous animals which are owned, operated or maintained by any city, county or state or federal agency, nor to a properly licensed veterinarian hospital where a dangerous animal may be confined temporarily for treatment. The director may authorize a special permit not to exceed 30 days for the keeping of a dangerous animal for shows or special exhibits. (Ord. 2494 § 16, 1982)

5.28.110 Animal shelter.

There shall be an animal shelter for detaining animals and for humane disposal of animals. No animal at this animal shelter shall be used, sold, loaned or given away for medical or research purposes, whether the animal is dead or alive. It shall be the duty of the humane officer to seize any and all animals off their premises and in violation of WCC 5.28.090 or constituting a public nuisance, as defined herein. The humane officer shall, upon impounding any animal or animals, make a complete registry, entering the breed, color and sex of such animal and whether licensed, and the time and place of impoundment. If licensed, he shall enter the name and address of the owner and the number of the license tabs. (Ord. 3129 § 5, 1995; Ord. 2494 § 4, 1982)

5.28.120 Detainment and disposal.

(1) No detained animal shall be released to the owner until all applicable fees are paid;

(2) The director shall ascertain whether any detained animal is currently licensed and if so shall notify the licensee by letter that such animal has been detained and may be redeemed upon payment of applicable fees;

(3) Anyone claiming a detained animal must prove ownership to the satisfaction of a director before redeeming the animal;

(4) Injured, diseased or wild animals need not be detained for the holding period but may be disposed of in a humane manner at any time at the discretion of the director;

(5) Any animal which is detained by a director may be held at the Wenatchee animal shelter or other place appropriate for the animal. The director shall post a notice of detainment at the shelter and shall attempt to determine ownership of an animal. If at the end of the holding period no owner has claimed the animal the director shall dispose of the animal in a humane manner;

(6) A kennel fee for every 24-hour period or part thereof for the care and feeding of the animal shall be charged to the owner commencing at the close of the business on the day that the animal is detained. The director of public health may direct the detention of animals suspected of having rabies. These animals shall be held until their release is approved by the director of public health and all applicable fees are paid. (Ord. 2494 § 10, 1982)

5.28.130 Adoption.

Strays and abandoned animals, following the holding period and animals voluntarily surrendered to the director shall become the property of the humane society and animal shelter.

(1) Any animal detained or surrendered to the humane society and not redeemed shall be disposed of in a humane manner or at the discretion of the director may be held for a longer period to allow adoption;

(2) No warranty, express or implied, shall be made with respect to any animal adopted;

(3) All dogs and cats adopted to citizens of the city of Wenatchee from the Wenatchee Valley Humane Society animal shelter, regardless of age, must be licensed;

(4) Dog and cat license fees may be refunded to any adopter, providing the animal is returned to the animal shelter within 10 days of the day of adoption accompanied by documentation from a licensed veterinarian certifying that the animal was diseased or ill at the time of adoption. (Ord. 3129 § 6, 1995; Ord. 2494 § 11, 1982)

5.28.140 Nuisance.

Any animal which, by its actions or condition, presents a clear and present threat to the public peace, health, or safety is a nuisance and may be summarily detained pending correction of the condition, or pending the owner’s trial for violation of this ordinance. (Ord. 2494 § 17, 1982)

5.28.150 Rabies control.

(1) All dogs and cats over the age of six months or dogs with a full set of canine teeth shall have a current rabies vaccination administered by a licensed veterinarian. If obtained from the shelter, the dog or cat shall be vaccinated within 30 days of obtaining the dog or cat. An owner or custodian acquiring a dog or cat shall have such dog or cat inoculated against rabies within 30 days after the dog or cat reaches six months of age. Any person moving into the city from a location outside of the city shall comply with this section within 30 days;

(2) A current rabies vaccination means that a dog or cat vaccinated between three months and one year shall be revaccinated within one year and revaccinated at least within every three years thereafter. Any dog, cat or other animal that has bitten any person shall be immediately confined for a period of 10 days. No animal under confinement shall be released from confinement until such release has been approved by the animal control officer;

(3) It shall be unlawful for the owner of any dog, cat or any other animal that has bitten any persons to destroy such animal before it can be properly confined by an animal control officer. The location of such confinement shall be determined by the animal control officer and shall be at the expense of the owner or custodian. The owner or custodian of any animal that has been reported as having inflicted a bite on any person shall on demand of the animal control officer produce such animal for examination and quarantine as prescribed in this chapter. If the owner or custodian of any such animal refuses to produce such animal, the owner or custodian shall be subject to immediate arrest by a police officer if there shall be probable cause to believe that the animal has inflicted a bite upon a person and the owner or custodian is keeping or harboring the animal and willfully refuses to produce the animal upon such demand. Such persons shall be taken before the judge of the municipal court, who may order immediate production of the animal. If the owner willfully or knowingly secretes or refuses to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this section;

(4) When an animal under quarantine shall have been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the county public health officer and the animal control officer and advise such officers of any reports of human contact with such rabid animal. If any animal under quarantine dies while under observation, the animal control officer shall immediately notify the local health officer and take immediate action to obtain a pathological exam, as required by the local health officer. The health officer shall be provided any reports of human contact with the animal. When an animal has been bitten by or exposed to a rabid animal or suspected rabid animal, the animal control officer shall immediately notify the local health officer;

(5) The veterinarian shall determine, before any rabies inoculation is given, whether the subject animal is under quarantine or has inflicted a bite on any person within the last 10 days;

(6) In case of an outbreak of rabies constituting an emergency situation, the public health officer shall be authorized to impose strict regulations pertaining to animals within the city limits. (Ord. 3129 § 7, 1995; Ord. 2494 § 18, 1982)

5.28.160 Enforcement.

The city shall contract with a qualified entity to perform the services of the humane society. Said humane society shall have exclusive authority to supervise and enforce the provisions of this chapter. Should the city fail to contract with a qualified entity to perform the services of the humane society, the Wenatchee police department shall perform the services of supervision and enforcement of this chapter until such time as the city has secured the services of a qualified entity to perform said services. The Humane Society shall retain the authority to issue an infraction pursuant to this chapter upon the testimony of two witnesses. (Ord. 2587 § 1, 1985; Ord. 2494 § 3, 1982)

5.28.170 Initiation of violation.

Violations of this chapter shall be initiated by the issuance, service and filing of a notice of humane infraction. (Ord. 2494 § 20, 1982)

5.28.180 Authority to issue humane infraction.

Only those persons authorized by WCC 5.28.160 may issue a notice of infraction. (Ord. 2494 § 21, 1982)

5.28.190 Service of notice.

Notice of humane infraction may be served either by (1) serving the notice of humane infraction on the person named on the notice of humane infraction at the time of issuance; (2) filing the notice of humane infraction with the court, in which case the court shall have a notice served either personally or by mail, postage prepaid, on the person name in the notice of humane infraction, at his address. If the notice of humane infraction served by mail is returned to the court as undeliverable, the court shall issue a summons. (Ord. 2494 § 22, 1982)

5.28.200 Notice – Contents.

The notice of humane infraction shall contain the following information on the copy given to the defendant:

(1) Name, address and phone number of the court where the notice of infraction is to be filed;

(2) The infraction which the defendant is alleged to have committed, the date, the time and place the humane infraction occurred, the date the notice of infraction was issued, and the name and number of the citing officer;

(3) A statement that the defendant must respond to notice of humane infraction within seven days of issuance;

(4) A space for defendant to sign a promise to respond to the notice of infraction in the time required;

(5) A space for entry of the monetary penalty which defendant may pay in lieu of appearing in court;

(6) A statement that a mailed response must be mailed no later than midnight on the date the response is due;

(7) A statement that failure to respond to a humane infraction is a misdemeanor pursuant to Chapter 6A.30 WCC. (Ord. 2587 § 2, 1985; Ord. 2494 § 23, 1982)

5.28.210 Filing of notice.

When a notice of humane infraction has been issued, the notice shall be filed with the Wenatchee municipal court. The notice must be filed within 48 hours after issuance of the notice, excluding Saturdays, Sundays, and holidays. (Ord. 2494 § 24, 1982)

5.28.220 Response to notice.

A person may respond to a notice of humane infraction by:

(1) Paying the amount of the monetary penalty as indicated on the humane infraction; or

(2) Contesting the determination that the humane infraction occurred by requesting a hearing in the Wenatchee municipal court. (Ord. 2494 § 25, 1982)

5.28.230 Penalties.

(1) Unless otherwise designated, a first violation of this chapter is a civil infraction with a penalty not to exceed $130.00, exclusive of any statutory public safety and education assessments (PSEA). Unless otherwise designated, a second violation of this chapter within five years, as measured by the date of violation, shall be punishable as a civil infraction with a penalty not to exceed $250.00, exclusive of any statutory PSEA. A third violation of this chapter within a five-year period, as measured by the date of violation, shall be designated a misdemeanor, punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. The court may suspend any or all of the monetary penalty and/or jail time of any violation of this chapter upon appropriate conditions to be established by the court in its discretion, including payment of restitution to any injured party as set forth in subsection (2) of this section.

(2) In any prosecution under this chapter, the court may order the defendant to make restitution to any victims. If the court orders restitution, the court shall make a finding as to the amount of the victim’s loss from the violation, and may order the defendant to pay restitution to the injured party in an amount not to exceed double the victim’s loss. (Ord. 2013-15 § 1; Ord. 2013-07 § 4; Ord. 2007-06 § 2; Ord. 2001-23 § 1; Ord. 2587 § 3, 1985; Ord. 2494 § 26, 1982)

5.28.240 Dangerous dogs – Registration required.

(1) It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued under RCW 16.08.080, as it now exists or may hereafter be amended. This prohibition shall not apply to police dogs as defined in RCW 4.24.410, as it now exists or may hereafter be amended.

(2) Any violation of this section is a misdemeanor as defined in WCC 6A.02.020. (Ord. 2002-34 § 6)

5.28.250 Potentially dangerous dogs – Registration required.

(1) It is unlawful for an owner to have a potentially dangerous dog in the city without a certificate of registration issued under this section. This prohibition shall not apply to police dogs as defined in RCW 4.24.410, as it now exists or may hereafter be amended. A violation of this subsection is a misdemeanor as defined in WCC 6A.02.020.

(2) The department shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner presents to the department sufficient evidence of:

(a) A secure enclosure or backyard chain run that safely confines the dog when the owner is absent;

(b) The posting of the premises with a clearly visible warning sign that there is a potentially dangerous dog on the property; and

(c) The payment of the annual registration fee for a potentially dangerous dog. (Ord. 2002-34 § 6)

5.28.260 Potentially dangerous dogs – Notification of declaration.

(1) Where the department seeks to declare a dog within the city to be a potentially dangerous dog, the department must serve written notice upon the dog owner in person or by regular and certified mail, return receipt requested. The notice must state:

(a) The statutory basis for the proposed action;

(b) The reasons the department considers the dog potentially dangerous;

(c) A statement that the dog is subject to registration and controls required by this chapter, including recitation of the controls in WCC 5.28.250;

(d) An explanation that the owner is entitled to an opportunity to meet with the department prior to the department issuing its final determination, at which meeting the owner must personally appear and may give, orally or in writing, any reasons or information as to why the dog should not be declared potentially dangerous; and

(e) An explanation of the owner’s rights and of the proper procedure for appealing a final determination finding the dog potentially dangerous.

(2) The dog owner must request, in writing to the department, a meeting prior to the expiration of 20 calendar days following delivery of the notice in subsection (1) of this section or the right to a meeting is waived. If the owner fails to timely and properly request a meeting, the department shall declare that the dog is potentially dangerous and issue a written order stating such.

(3) If the dog owner timely and properly requests a meeting, the department shall notify the owner in writing of the date, time, and location of the meeting, such meeting must occur prior to the expiration of 15 calendar days following delivery of this notice. The department must serve such notice upon the dog owner in person or by regular and certified mail, return receipt requested. Upon request of the department or the owner, the time period for the meeting may be extended by seven calendar days if good cause is shown.

(4) After the meeting, the department must issue its final determination, in the form of a written order, within 15 calendar days of the meeting. If the dog owner fails to appear for the meeting, the department shall declare that the dog is potentially dangerous and issue a written order stating such.

(5) In the event the department declares the dog to be potentially dangerous, the written order shall include:

(a) A recital of the authority for the action;

(b) A brief concise statement of the facts that support the determination; and

(c) The signature of the person who made the determination.

The department must serve the written order upon the dog owner in person or by regular and certified mail, return receipt requested.

(6) A dog shall not be declared potentially dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog or was committing or attempting to commit a crime.

(7) (a) A dog owner may appeal the department’s final determination that the dog is potentially dangerous to Chelan County district court. The owner must make such appeal prior to the expiration of 20 calendar days following delivery of the written order.

(i) The written appeal shall include the name, address and telephone number of the appellant(s) and a copy of the written order of the department.

(ii) The clerk of the court shall promptly set a date for a hearing of the appeal. Written notice of the date, time and place of the appeal shall be mailed or personally delivered to the appellant(s) and to the department not less than 15 calendar days prior to the hearing.

(iii) The burden is on the dog owner to demonstrate that the department’s final determination or declaration was arbitrary and capricious.

(iv) If the owner does not timely and properly appeal the department’s written order, the right to an appeal is waived.

(b) While an appeal is pending, the department may order that the dog be confined or controlled in compliance with this chapter. The dog owner shall be responsible for all costs of confinement, detention, control, and care of the dog. (Ord. 2002-34 § 6)

5.28.270 Potentially dangerous dogs –Requirements for restraint.

(1) It is unlawful for an owner of a potentially dangerous dog to permit the dog to be outside a secure enclosure or not on a backyard chain run that safely confines the dog when the owner is absent unless the dog is restrained by a substantial chain or leash that is eight feet or shorter and under physical restraint and control of a responsible person.

(2) Any violation of this section is a misdemeanor as defined in WCC 6A.02.020. (Ord. 2002-34 § 6)

5.28.280 Potentially dangerous dogs – Confiscation conditions.

(1) Any dog that has been deemed to be potentially dangerous shall be immediately confiscated by the department if the:

(a) Dog is not maintained in a secure enclosure or backyard chain run that safely confines the dog when the owner is absent; or

(b) Dog is not maintained according to WCC 5.28.270(1).

(2) The owner shall be responsible for the costs of confiscation, detention, control, and care of the potentially dangerous dog.

(3) The department must serve written notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the potentially dangerous dog, that the owner is responsible for payment of the costs of confiscation, detention, control, and care of the dog and that the dog will be disposed of in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within 20 calendar days from the date the notice was delivered.

(4) If the deficiencies are not corrected within 20 calendar days from the date the notice was delivered:

(a) The department shall dispose of the confiscated potentially dangerous dog in an expeditious and humane manner; and

(b) The owner shall by guilty of a misdemeanor as defined in WCC 6A.02.020. (Ord. 2002-34 § 6)

5.28.290 Potentially dangerous dogs – Owners of dogs that attack – Affirmative defenses – Penalties.

(1) If a potentially dangerous dog attacks or bites a person or another domestic animal, the dog’s owner is guilty of a gross misdemeanor as defined in WCC 6A.02.020.

(2) It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a potentially dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked the defendant’s dog without justification or excuse.

(3) The dog shall be immediately confiscated by the department, placed in quarantine for the proper length of time, and thereafter disposed of in an expeditious and humane manner or the department may begin the procedure outlined in RCW 16.08.080, as it now exists or may hereafter be amended, to declare such dog a “dangerous dog” as defined in this chapter. (Ord. 2002-34 § 6)

5.28.300 Appeal of department’s decision to confiscate or dispose of a potentially dangerous dog or dangerous dog.

(1) An owner of a potentially dangerous dog or a dangerous dog where such dog has been confiscated and detained by the department under authority of this chapter, RCW 16.08.080, or RCW 16.08.100 may prevent the detention or disposal of the dog by petitioning the Chelan County district court for the dog’s return, subject to court imposed conditions.

(2) The petition shall be in writing and shall be filed with the clerk of the court within 10 calendar days after the date of the initial confiscation. The petition shall include the name, address and telephone number of the petitioner(s) and a copy of the department’s written order which declared the dog to be potentially dangerous or dangerous. The petition shall be accompanied with a bond or security in an amount of at least $1,000.

(3) The clerk of the court shall promptly set a date for a hearing on the petition. Written notice of the date, time and place of the hearing shall be mailed or personally delivered to the petitioner(s) and to the department not less than 10 calendar days prior to the hearing.

(4) The petitioner(s) shall have the burden of proving by clear and convincing evidence that specific court conditions, if imposed, will be sufficient to safeguard the public from bodily harm or property damage.

(5) If the court determines that the potentially dangerous dog or dangerous dog should not be returned to the petitioner(s), the court shall order that the dog is forfeited by the petitioner(s). The petitioner(s) shall pay the costs of the dog’s confiscation, detention, control, and care within 10 calendar days after the court’s determination or the bond or security shall be forfeited.

(6) If the court determines that the potentially dangerous dog or dangerous dog should be returned to petitioner(s), the court shall impose such specific written conditions as it deems appropriate to safeguard the public from bodily injury or property damage. The petitioner(s) shall pay the costs of the dog’s confiscation, detention, control, and care within 10 calendar days after the court’s determination or the bond or security shall be forfeited.

(7) If the department has probable cause to reasonably believe that any court imposed condition is not being followed by the petitioner(s), then the department shall immediately confiscate the potentially dangerous dog or dangerous dog. The department must serve written notice upon the petitioner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dog.

(a) The department shall immediately notify the court in writing of any violation of a court imposed condition. Upon receiving notification from the department of a violation, the court shall hold a hearing in accordance with subsection (3) of this section.

(b) The department shall have the burden to prove by a preponderance of the evidence that a violation of a court imposed condition occurred.

(c) If the court determines that a violation of a court imposed condition occurred, the court shall order that the potentially dangerous dog or dangerous dog is forfeited by the petitioner(s). The petitioner(s) shall pay the costs of the confiscation, detention, control, and care of the dog. The department shall dispose of the confiscated potentially dangerous dog or dangerous dog in an expeditious and humane manner.

(d) If the court determines that a violation of a court imposed condition has not occurred, the court shall order that the potentially dangerous dog or dangerous dog be immediately returned to the petitioner(s). The petitioner(s) shall not be responsible for the costs of the confiscation, detention, control, and care of the dog. (Ord. 2002-34 § 6)

5.28.310 Slaughtering, butchering or killing of animals or fowl.

(1) No person shall kill, butcher or slaughter any animal or fowl in open view within the city.

(a) Exception for Injured or Vicious Animals or Fowl. Nothing in this section shall prohibit a person from dispatching or destroying injured or vicious animals or fowl by any humane method, as defined by Chapter 16.50 RCW as now or hereafter amended;

(b) Exception for Religious Acts. Nothing in this section shall prohibit, abridge or in any way hinder the ritual slaughter of animals or fowl.

(2) For purposes of this section, “open view” is defined as an area generally visible to view by any public citizen and includes, but is not limited to, any property owned by a public entity, any public right-of-way, any doorways, entrances to buildings or dwellings or the grounds enclosing those portions of private property visible from any lawful vantage point.

(3) Any person violating this section shall be deemed to have committed a civil infraction and shall be subject to a civil penalty in the amount of $250.00 including any statutory assessments provided for by the Revised Code of Washington. (Ord. 2011-38 § 1)


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Prior legislation: Ords. 2457, 2251, 2242 and 2142.