Chapter 6.04
DOGS
Sections:
6.04.030 Police or animal control officers--Duty to make reports.
6.04.040 Police or animal control officers--Authority to secure and maintain pound.
6.04.050 Police or animal control officers--Complaint response.
6.04.060 Dogs running at large.
6.04.070 Disposal of animal waste.
6.04.080 Living conditions of dogs.
6.04.120 Kennels--Commercial--Private--Permit required.
6.04.130 Number of dogs and cats allowed per household.
6.04.010 License required.
It is unlawful for any person or persons to own or harbor any dog over the age of eight weeks within the corporate limits of the town unless such person or persons shall first procure a license therefor as provided in this chapter. It is, however, a defense to this section if the dog or dogs are in town on a temporary basis, not to exceed two weeks, and have prior written documentation from the animal control officer or his designee of when the dog or dogs are to be in town and when they are to be removed. (Ord. 396 §2, 2002)
6.04.020 License fee.
The license fee shall be in the sum of ten dollars for every neutered or fixed dog and the sum of fifteen dollars for every dog that has not been neutered or fixed. The purchase of an annual dog license for the current year for a previous town of Wilbur-licensed dog will increase after March 1st of the current year to the sum of twenty dollars for every neutered or fixed dog and the sum of thirty dollars for every dog that has not been neutered or fixed. Upon proof that the dog has been neutered or fixed (or not) and payment of the required license fee to the town clerk, the town clerk shall issue a license to the party making application therefor. The license shall expire on the first day of January next succeeding the date of the issuance thereof and the time fixed for the issuing of a license shall commence on the first day of January of each year, and no license shall be issued to expire at any other time than the date set forth in this section. The license fee set forth in this section shall be paid in full for any year or part thereof. The town clerk shall, together with such license, furnish a suitable tag which shall be worn by the dog for which such license is issued and shall be fastened to such dog in such manner that it can easily be inspected at all times by town authorities. Lost tags will be replaced by the town clerk upon payment of an additional fee of four dollars. The town clerk shall keep a record of the names of all persons to whom such licenses are issued with the number of each license. (Ord. 472 §1, 2008: Ord. 396 §3, 2002)
6.04.030 Police or animal control officers--Duty to make reports.
It shall be the duty of the police officers and/or animal control officers designated by the town to enforce this chapter. The police officers and/or animal control officers designated by the town shall make reports as required by the town council. (Ord. 396 §4, 2002)
6.04.040 Police or animal control officers--Authority to secure and maintain pound.
The designated police officers and/or animal control officers are authorized and empowered to secure and maintain a suitable pound for the purpose of carrying out the provisions of this chapter. (Ord. 396 §5, 2002)
6.04.050 Police or animal control officers--Complaint response.
Police officers and/or animal control officers designated by the town shall respond to all complaints received by them concerning any dog in the town running at large or that any dog has bitten or attacked any person or damaged property. Any dog which has bitten any person shall be confined for observation purposes for not less than fourteen days at such place and in such manner as directed by the police officers and/or animal control officers designated by the town. If such dog is impounded, the owner or person in control of the dog shall be civilly liable for the storage fees, penalty and/or disposal costs. (Ord. 396 §6, 2002)
6.04.060 Dogs running at large.
A. Every owner or person having control of a dog or dogs shall exercise proper care and control of the animal to prevent the animal from becoming a public
nuisance. Molesting passersby, chasing vehicles, attacking other domestic animals and damaging property shall be deemed a nuisance and it is unlawful for the owner or custodian of a dog to allow such a nuisance to exist.
B. Further it is unlawful for any owner or custodian of a dog or dogs to allow the dog or dogs off their property, or other property the dog or dogs have a legal right to be on, without being controlled by a leash, not to exceed ten feet in length, or under the direct supervision of an adult. Under no circumstances can the dog or dogs be any further than ten feet from the adult supervising the dog or dogs and under no circumstances may they be allowed on other person’s private property without the property owner’s permission. (Ord. 396 §7, 2002)
6.04.070 Disposal of animal waste.
A. It shall be unlawful for the owner or person having charge of any dog or dogs or animal to permit, either willfully or by failure to exercise due care, such animal to commit a public nuisance by defecating in any area of the town other than the premises of the owner or person having charge or control of the animal, unless said owner or person having charge takes immediate steps to remove and properly dispose of said feces.
B. It shall be unlawful for the owner or person having charge of any dog or other animal to take said dog or animal off of the private property of said person without having in the possession of the owner or person having charge of the dog or animal proper means of disposal for the feces of the dog or other animal.
C. “Disposal” is defined, for the purposes of this section, as the removal of feces by means of a bag, scoop or other device and an eventual disposal in a trash receptacle, by burying or by other means of lawful disposal. (Ord. 396 §8, 2002)
6.04.080 Living conditions of dogs.
All pens, kennels, yards and other premises where animals are confined or kept for private or commercial purposes shall be maintained in a clean condition so as to avoid unhealthy conditions for the animals or the accumulation of animal waste. All animal waste shall be picked up and disposed of in a proper manner at least one time per week, weather permitting. When weather makes it unreasonable or impossible to pick up and dispose of the waste, the waste must be picked up and disposed of in a proper manner as soon as weather permits. (Ord. 396 §9, 2002)
6.04.090 Impoundment.
Any dog found running at large, contrary to the provisions of this chapter, within the corporate limits of the town shall be subject to seizure by any police officer or any other town authority designated by the town for the purpose of seizing such dogs.
A. If the dog is licensed and wearing a current license tag when apprehended, the police officer and/or animal control officer shall at their discretion take the dog back to the owner of record, or impound the dog and notify the owner of impoundment. After any such seizure, a written record thereof shall be kept in a record book for that purpose at the town clerk’s office, which record shall give a general description of such dog, and such dog so seized shall be held for a period of forty-eight hours from the time of impounding, exclusive of holidays and Sundays, during which time the owner of such dog, upon establishing ownership of such dog, may recover the same by purchasing a license for such dog if none has been issued and paying the impoundment fee and boarding fee as set by the town, to be paid at the town clerk’s office. The impound fee will be doubled each time that such dog is impounded. The owner, by paying such impound fee, shall not thereafter be immune from prosecution under this chapter.
B. If such dog is not claimed within forty-eight hours, exclusive of holidays and Sundays, from the time of impounding, the dog may be put to death, sold at auction under the direction of the designated police officer and/or animal control officer or otherwise disposed of as directed by the town. If the owner of the dog is found and requests that the town dispose of the dog as the town sees fit, a disposal fee of as set by the town will be due if the town has to dispose of the dog, payable at the town clerk’s office. Any funds received from the sale of such dogs, in addition to the cost of boarding such dogs, shall be placed in the current expense fund of the town. (Ord. 396 §10, 2002)
6.04.100 Nuisance.
It shall be unlawful for an owner or custodian of any dog to keep or harbor any dog or other animal, which, by frequent or habitual howling, yelping, barking or the making of other noises, shall annoy or disturb any person. For a police officer or animal control officer to issue a citation, (s)he must be called to respond to the area to verify that a nuisance exists. In the alternative, a complaint may be filed by two or more persons of separate households of any frequent, repetitive or continuous noise made by any animal which unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors; provided, that notwithstanding any other provision of this chapter, if the owner or other person having custody of the animal cannot, with reasonable inquiry, be located by the investigating officer, or if the animal is a repeat violator of this subsection, the animal shall be impounded by the animal control authority or their designee, subject to redemption in the manner provided by this chapter. (Ord. 396 §11, 2002)
6.04.110 Restricted areas.
All animals are prohibited from entering any public area designated and posted as restricted. It is also a violation to have or keep an animal on public property not posted, when asked to remove such animal by person of authority. (Ord. 396 §12, 2002)
6.04.120 Kennels--Commercial--Private--Permit required.
For the purpose of this section, “kennel” means any pen for the keeping of dogs over the three allowed in this chapter.
A. Commercial Kennel.
1. Commercial kennels located in the town of Wilbur shall require a permit and will be allowed in commercial or industrial zoned areas only. Permits will be for a twelve-month period and shall be renewed within thirty days of the expiration of the permit. The fee for a commercial kennel permit will be one hundred dollars, payable to the town clerk’s office at the time of application and is nonrefundable. The town clerk’s office will mail notice of renewal of permit no less than thirty days prior to the expiration of said permit. Individual licenses are not required for any animals legally maintained within a commercial kennel.
2. Applications for commercial kennel permits shall be made to the town clerk, for review, with final consent from the animal control officer or their designee for approval. Each application shall be in writing and signed and sworn to under penalty of perjury under the laws of the state of Washington to be true and correct by the applicant. The applications shall contain the following information:
a. The name, home address and telephone number of the applicant;
b. The business name, business address and telephone number of the proposed commercial kennel;
c. A diagram to scale or approximately to scale showing the property and structures for which the permit is sought;
d. A diagram of the kennel facility;
e. A description of the premises where the kennel will be operated, as well as a description of the magnitude and nature of the proposed business;
f. A written statement from the building inspector that the contemplated business complies with applicable zoning laws; and
g. A written statement, certified under penalty of perjury under the laws of the state of Washington to be true and correct, from all property owners within a three-hundred-foot radius of the proposed site of their approval or objection of the proposed kennel.
3. The animal control officer or their designee may refuse issuance or renewal of a permit, or revoke or suspend said permit, upon finding after such investigation or hearing as it deems necessary that:
a. The application does not satisfy the requirements of subsection (A)(2) of this section; or
b. Upon the inspection by the animal control authority or their authorized agent, the business does not meet the standards for a commercial kennel set forth in subsection (A)(4) of this section; or
c. Such license was issued illegally, or by mistake or inadvertence, or was procured by fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts, or that any of the material facts contained in the application are false; or
d. The permit holder or any agent of the permit holder, in connection with the operation of the commercial kennel, has within a two-year period:
i. Been found guilty or committed two or more violations of this chapter; or
ii. Been found guilty or committed a violation of any provisions of Chapter 16.08 or 16.52 RCW; or
iii. Been found guilty of any other misconduct, or improper, fraudulent, or wrongful behavior relating to the operation of a commercial kennel; or
iv. Violated any of the standards imposed for operation of a commercial kennel by subsection (A)(5) of this section;
e. Any servant, agent, employee or representative of the commercial kennel has been guilty of any act or omission while on the premises of the commercial kennel, where said act constitutes a violation of this chapter, or Chapter 16.08 or 16.52 RCW, or has been found guilty of any misconduct or improper, fraudulent or wrongful behavior relating to the operation of the commercial kennel, if:
i. The circumstances surrounding any of the foregoing acts or omissions are such to establish that such act was knowingly allowed by any person sharing in profits of said business, or if a corporation, any officer or director thereof, or of any person acting as a proprietor, manager, or person in charge of such business; or
ii. In the event if two or more such acts or omissions have occurred on the premises within a two-year period;
f. Failure to observe any of the standards set forth in subsection (A)(5) of this section.
4. Any applicant who has duly made application for a commercial kennel permit under the provisions of this section and has been denied such permit, or any person holding a permit which is revoked or suspended under the provisions of this section, may file a petition with the clerk of the town demanding a hearing before the town council for the purpose of contesting such denial, revocation or suspension; provided, that such petition must be filed within ten days following notification of such denial, revocation or suspension. Such denial, revocation or suspension shall be stayed upon the filing of such petition pending final determination of the town council. The town clerk will set a date, no less than ten days following the mailing of notice thereof for a hearing, of which all interested parties shall be notified. All evidence bearing on the question of whether such denial, revocation or suspension is proper under the provisions of this section may be received at the hearing. If the town council shall determine upon such hearing that such denial, suspension or revocation is not proper under the provisions of this chapter, they shall notify the town clerk, who will cause the permit to be issued or reinstated forthwith. If the town council determines upon such hearing that such permit should be denied, suspended or revoked under the provisions of this section, they shall issue such order in writing. An appeal of the town council’s decision may be made in the superior court of Lincoln County in the manner provided under the general laws of the state of Washington.
5. The following operation standards shall be observed in connection with a commercial kennel:
a. All animals must have an adequate supply of drinking water, sanitary sleeping quarters, adequate shelter, medical attention and exercise areas appropriate to their size, breed, characteristics and climate; and
b. All animals shall be supplied with sufficient good and wholesome food as often as the feeding habits of the respective animals require, but not less than, in the case of puppies or kittens under four months of age, three times every twenty-four hours, and in the case of adults, once every twenty-four hours; and
c. Food shall be stored in a fashion which prevents contamination or infestation; and
d. The facilities shall be maintained and operated in a healthful, sanitary manner, free from disease, infestation and foul odors; and
e. All animals and animal buildings or enclosures shall be maintained in a clean and sanitary condition. Housing facilities shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals and to restrict the entry of other animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public; and
f. Sick animals shall be isolated from healthy ones in quarters adequately ventilated to prevent contamination of healthy animals; and
g. Animals shall receive adequate food, water and care on days when the facility is not open for business; and
h. Animals shall be immunized from disease as is usual and customary for the animal’s age and species; and
i. All animal rooms, cages, shipping containers and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. If individual runs are utilized, the surface shall be cement, gravel or shavings. At a minimum, sufficient space must be provided for every animal in an enclosure to, separately and together, stand up, lie down and turn around in a natural position; and
j. No commercial kennel permit, or any renewal thereof, may be issued until the owner or operator thereof allows the animal control authority or their designee to inspect the premises of the permit applicant. Such inspections shall be made during regular business hours. The purpose of such inspection shall be to determine if the commercial kennel does or can meet the standards set forth in subsection (A)(5) of this section. The animal control authority or their designee may inspect the premises at any time to ensure compliance with the provisions of this title.
6. Any person owning or exercising control of a commercial kennel without a permit is guilty of an infraction which shall carry a fine as set forth in Section 1.08.030. Each day of violation shall constitute a separate offense.
B. Private Kennels.
1. Private kennels located in the town of Wilbur shall be required to have a permit and shall be allowed in commercial or industrial zoned areas only. Private kennel permits shall be for a twelve-month period and shall be renewed within thirty days of the expiration of the permit. The fee for a private kennel permit will be seventy-five dollars payable to the town clerk’s office at the time the application for the permit is filed and is nonrefundable. The town clerk’s office will mail notice of renewal of permit no less than thirty days prior to the expiration of said permit. Individual licenses are required for any animal legally maintained with a private kennel.
2. Applications for a private kennel permit shall be made to the town clerk, for review, with final consent from the town council for approval. Each application shall be in writing and signed and sworn to under a penalty of perjury under the laws of the state of Washington to be true and correct by the applicant. The application shall contain the following information:
a. The name, home address and telephone number of the applicant;
b. A diagram to scale or approximately to scale showing the property and structures for which the permit is sought; and
c. A diagram of the kennel facility; and
d. A description of the premises where the kennel will be operated, as well as a description of the magnitude and nature of the proposed private kennel, including the number and breed of dogs or cats to be housed there; and
e. A written statement from the building inspector that the proposed private kennel complies with applicable zoning laws; and
f. A written statement, certified under penalty of perjury under the laws of the state of Washington to be true and correct, from all property owners within a three-hundred-foot radius of the proposed kennel, of their approval or objection of the private kennel.
3. The animal control officer or their designee may refuse issuance or renewal of a permit, or revoke or suspend said permit, upon finding after such investigation or hearing as it deems necessary that:
a. The application does not satisfy the requirements of subsection (B)(2) of this section; or
b. Such license was issued illegally, or by mistake or inadvertence, or was procured by fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts, or that any of the material facts contained in the application are false; or
c. The permit holder or any agent of the permit holder, in connection with the operation of the private kennel has, within a two-year period:
i. Been found guilty or committed a violation of any provisions of Chapter 16.08 or 16.52 RCW; or
ii. Been found guilty or committed two or more violations of this chapter; or
iii. Violated any of the standards imposed for operation of a commercial kennel by subsection (A)(5) of this section; or
iv. Kept more than the number of dogs or cats allowed by subsection (B)(5) of this section.
4. The following operation standards shall be observed in connection with private kennels:
a. All animals must have an adequate supply of drinking water, sanitary sleeping quarters, adequate shelter, medical attention and exercise areas appropriate to their size, breed, characteristics and climate; and
b. The animals shall be supplied with sufficient good and wholesome food as often as the feeding habits of the respective animals require, but not less than, in the case of puppies or kittens under four months of age, three times every twenty-four hours, and in the case of adults, once every twenty-four hours; and
c. All animals and animal buildings or enclosures shall be maintained in a clean and sanitary condition. Housing facilities shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals and to restrict the entry of other animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public; and
d. All animal rooms, cages, shipping containers and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept therein. If individual runs are utilized, the surface shall be cement, gravel or shavings. At a minimum, sufficient space must be provided for every animal in an enclosure to, separately and together, stand up, lie down and turn around in a natural position; and
e. A violation of any of the provisions of this subsection shall constitute an infraction which shall carry a fine as forth in Section 1.08.030.
5. No private kennel shall have more than eight dogs or cats without the prior written consent of the town council.
6. No private kennel permit, or any renewal thereof, may be issued until the owner or operator allows the animal control authority or their designee to inspect the premises of the permit applicant at a mutually convenient time. The purpose of such inspection shall be to determine if the private kennel does or can meet the standards set forth in subsection (B)(4) of this section. Any permit or renewal thereof shall be conditioned on the owner/operator allowing the animal control authority or their designee to inspect the premises at any time to ensure compliance with the provisions of this title.
7. If the animal control officer or their designee denies or revokes a permit, the permit holder or person seeking a permit shall have the same right as outlined in subsection (A)(4) of this section under commercial kennels.
8. Any person owning or exercising control of a private kennel without first obtaining a permit shall have committed an infraction which shall carry a fine as set forth in Section 1.08.030. Each day of violation shall constitute a separate offense.
9. Nothing in this section precludes the owner/operator of any kennel, whether commercial or private, from obeying all sections of Chapters 6.04 and 6.05 of this code, with the exception of commercial kennels, which are exempt from Section 6.04.010. (Ord. 425 §2, 2004: Ord. 396 §13, 2002)
6.04.130 Number of dogs and cats allowed per household.
The total maximum number of dogs and cats per household will not exceed five, of which no more than three shall be dogs. (Ord. 396 §14, 2002)
6.04.140 Service dogs.
Service dogs are dogs that are used by enforcement agencies and the physically disabled. All service dogs while in the performance of their duties shall be exempt from all the provisions of this chapter, with the exception of Section 6.04.070. (Ord. 396 §15, 2002)
6.04.150 Violation--Penalty.
Any person violating the provisions of this chapter shall have committed a civil infraction and shall be subject to a fine at the rate as set forth in Section 1.08.030. (Ord. 396 §16, 2002)