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Title 08 Animal Control 10.16.17PMC Title 8 10/16/17 1 TITLE 8 ANIMAL CONTROL CHAPTER 8.02 ANIMAL CONTROL ............................................................................. 2 PMC Title 8 10/16/17 2 CHAPTER 8.02 ANIMAL CONTROL Sections: 8.02.010 DEFINITION OF TERMS .................................................................... 3 8.02.030 ANIMALS INJURING PROPERTY UNLAWFUL ...................................... 5 8.02.040 STRAY ANIMAL A NUISANCE ............................................................ 5 8.02.050 DOG CONTROL ................................................................................ 5 8.02.060 IMPOUNDING OF ANIMALS .............................................................. 6 8.02.070 NOTICE OF IMPOUNDING ................................................................ 6 8.02.080 REDEMPTION OF IMPOUNDED ANIMAL............................................. 7 8.02.100 DISPOSITION OF UNCLAIMED ANIMALS ........................................... 7 8.02.120 DESTRUCTION OF ANIMALS ............................................................. 8 8.02.130 INTERFERENCE WITH OFFICERS ...................................................... 8 8.02.135 REFUSAL TO REDEEM ...................................................................... 8 8.02.140 WARNING TICKETS .......................................................................... 8 8.02.150 VIOLATION TICKETS ........................................................................ 8 8.02.160 CONFINEMENT ................................................................................ 9 8.02.170 CRIMES AGAINST ANIMALS .............................................................. 9 8.02.175 REMOVAL OF ANIMAL – NOTICE ..................................................... 10 8.02.180 DUTIES UPON INJURIES OR DEATH OF AN ANIMAL ........................ 10 8.02.190 LICENSE - DOGS, REQUIRED .......................................................... 10 8.02.191 LICENSE - CATS, OPTIONAL ........................................................... 11 8.02.200 LICENSE - RECEIPTS AND TAGS ..................................................... 11 8.02.210 LICENSE PROCEDURES - RECEIPTS AND TAGS ................................ 11 8.02.220 LICENSE PROCEDURES - AFFIXING TAGS ........................................ 12 8.02.230 LICENSE – NO COST FOR ADOPTED ANIMALS ................................. 12 8.02.240 LICENSE TAGS NOT TRANSFERABLE ............................................... 12 8.02.250 KENNELS - LICENSING PROVISION - COMMERICAL ......................... 12 8.02.255 KENNEL – STANDARDS AND INSPECTION – COMMERCIAL KENNELS. .................................................................................................................... 12 8.02.260 KENNEL - DOG LICENSING AND VACCINATION ............................... 13 8.02.270 ALTERING, COUNTERFEITING OR TRANSFER OF TAGS .................... 13 8.02.280 UNLICENSED ANIMALS - ANNUAL SURVEY ...................................... 13 8.02.290 ANIMAL BITES - IMPOUNDING ....................................................... 13 8.02.300 HEALTH OFFICER TO QUARANTINE ................................................ 14 8.02.310 NOTICE OF QUARANTINE ............................................................... 14 8.02.320 POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS .................. 15 8.02.330 RCW SECTIONS ADOPTED – POSSESSION OF POTENTIALLY DANGEROUS WILD ANIMALS PROHIBITED ..................................................... 17 8.02.340 ANIMALS DISTURBING THE PEACE ................................................ 18 8.02.350 RESPONSIBILITY OF OWNER.......................................................... 18 8.02.360 PENALTY PROVISIONS ................................................................... 18 8.02.365 LICENSE FEES ............................................................................... 18 PMC Title 8 10/16/17 3 8.02.370 VOUCHER FOR NEUTERING ............................................................ 19 8.02.010 DEFINITION OF TERMS. As used in this chapter, unless the context indicates otherwise: (1) “Abandon” means the knowing or reckless desertion of an animal by its owner or the causing of the animal to be deserted by its owner, in any place, without making provisions for the animal’s adequate care. An animal left without adequate care for three or more days shall be prima facie evidence that the animal has been abandoned. (2) "Animal" includes, but is not limited to dogs and cats. (3) "Animal Control Authority" means the joint power authority formed by interlocal agreement, of the cities of Richland, Pasco and Kennewick, to implement and provide animal control and sheltering services within the respective cities. (4) "Animal Control Officer" refers to that person employed by or under contract to the City to enforce the provisions of this title. (5) "At Heel." A dog shall be deemed to be "at heel" during such times as the dog is positioned and controlled in such a manner so as to remain within a distance of two feet from its owner or other competent person having charge of such dog. (6) "At Large" means off the premises of the owner or upon the public streets, alleys, public grounds, school grounds or parks within the city. A dog shall not be deemed at large if: (a) It is attached to a leash or chain of sufficient strength to restrain the dog and not more than eight feet in length, when said leash or chain is held by a person competent to restrain and control the dog off the owner's premises; (b) It is properly restrained within a motor vehicle or housed in a veterinary hospital; (c) It is accompanied by and "at heel" beside the owner or a competent responsible person; (d) The dog or dogs are left unattended on the owner's premises, and it or they shall be so confined, tied or restrained as to be unable to range beyond the owner's premises. (7) "Cat" means and includes female, neutered female, male and neutered male cats. (8) "Commercial Kennel" means any lot, premises, building or structure where four or more dogs or four or more cats over six months of age are kept. (9) "Competent Person" means any person who, by reason of age and physical ability, and training, is capable of maintaining control of an animal to the extent required by this chapter. (10) "Dangerous Animal" means any animal that (a) has inflicted severe injury on a human being without provocation, (b) has killed a domestic or livestock animal without provocation, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals. PMC Title 8 10/16/17 4 (11) "Dog" means and includes female, neutered female, male and neutered male dogs. (12) “Domestic Animal” means a tame animal in the house or home, or on the property, living with or used by people for companionship, work, and / or a food source. (13) "Health Officer" includes any person designated as such by the Benton- Franklin district health office, or any other person designated as such by the city council. (14) “Livestock” includes, but is not limited to, horses, mules, cattle, sheep, swine, goats and fowl, kept or raised on a farm, ranch, or other spread of land which are raised for home use, profit, or hobby. (15) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal for three consecutive days or more. An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or more and knowingly permitted to remain on the premises occupied by that person. If the owner of the animal is a juvenile, a parent or other custodian of such juvenile shall for the purposes of this chapter, be treated as the owner of the animal. (16) "Person" includes any person, firm, organization, partnership, corporation, trust or association of persons. (17) "Potentially Dangerous Animal" means any animal that when unprovoked: (a) inflicts injury on a human or a domestic animal, or livestock, or (b) chases or approaches a person upon the streets, sidewalks, any public grounds, or upon private property other than that of the animal’s owner, in a menacing fashion or apparent attitude of attack, or (c) has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals or (d) is a Pit Bull Terrier which means any American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier so as to be identifiable as partially of the breed American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier. (18) “Poundmaster” means the Chief Officer appointed by the Animal Control Authority for the enforcement of animal control laws and regulations. The Poundmaster may include or employ Animal Control Officer(s) and / or a Chief Animal Control Officer. (19) "Proper Enclosure" means, while on the owner's property, a dangerous, or potentially dangerous animal shall be securely confined indoors or in an outside enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides not less than five feet high and a secure top, and shall provide protection from the elements for the animal. The requirement for a secure top on the enclosure may be waived by the poundmaster upon showing that it is unnecessary. This section shall not apply to guard dogs or watch dogs utilized to secure PMC Title 8 10/16/17 5 premises enclosed by a fence or wall not less than five feet high and resistant to tunneling, located within an industrial or commercial zone. (20) "Severe Injury" means any physical injury that results in death, broken bones or disfiguring lacerations requiring one or more sutures or cosmetic surgery. (21) "Veterinary Hospital" means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals. (22) “Welfare check” means tending to the well being of an animal. Whenever a type or breed of animal is described in this chapter, it includes any hybrid, cross breed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal's appearance, behavior or pedigree. Whenever a power is granted to, or a duty is imposed upon the poundmaster or Chief Animal Control Officer or other public officer, the power may be exercised or the duty performed by an agent of the officer or by any person duly authorized unless this chapter expressly provides otherwise. All other words and phrases used in this chapter will have their commonly accepted meanings. (Ord. 3870, 2008; Ord. 3756 Sec. 1, 2006; Ord. 3723 Sec. 1, 2005; Ord 3714 Sec. 1, 2005; Ord. 3326 Sec. 1, 1998.) 8.02.030 ANIMALS INJURING PROPERTY UNLAWFUL. It is unlawful for any owner to suffer or permit any dog, cat or other animal to trespass on private or public property so as to damage or destroy any property or thing of value, kill, maim or disfigure another's animal or livestock, or to deposit fecal matter on any property not that of his owner, and the same is declared to be a nuisance and any such dog, cat or other animal may be seized and impounded. (Ord. 3870, 2008; Ord. 3326 Sec. 1, 1998.) 8.02.040 STRAY ANIMAL A NUISANCE. Any stray dog, cat or animal running at large within the City is declared to be a nuisance, and any such stray dog, cat or animal may be seized and impounded. For the purpose of this section, "stray dog" or "stray animal" means and includes any dog, cat or animal appearing or remaining in a neighborhood or any public place without an apparent home. (Ord. 3326 Sec. 1, 1998.) 8.02.050 DOG CONTROL. (1) No dog, licensed or not, shall be permitted to roam or stray or be off its owner's premises unless it is at all times under the control of a person. It is the owner's responsibility to do all things reasonably necessary to ensure compliance with this section; that a dog is found away from its owner's premises and not under the control of a responsible person shall be prima facie evidence of a violation of this section. (2) Dog Leashes Required. It is unlawful for any owner to cause, permit or allow any dog owned, harbored, controlled or kept by him, in this City, to roam, run at large or stray away from the premises where the same is owned, harbored, controlled or kept, except that while away from said premises, such dog shall at all times be PMC Title 8 10/16/17 6 controlled by being "at heel," or by means of a leash not exceeding eight feet in length, by the owner or some duly authorized and competent person; provided, however, that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. This section shall not apply to dogs which are in special areas which may be designated by the City as dog training areas and so long as the regulations of the City with respect to the use of such areas are complied with, and said dogs are under the custody and control of a competent trainer. (3) No dog shall be permitted to commit the following offenses on any premises or property, private or public: bite, or attempt to bite any person, destroy private property, scatter refuse, chase vehicles, or commit any nuisance defined in this chapter or any other ordinance or law. (Ord. 3326 Sec. 1, 1998.) 8.02.060 IMPOUNDING OF ANIMALS. Any animal off the premises of the owner and not under the control of some person, or which is otherwise in violation of this chapter and subject to impound, shall be impounded. All animals impounded will be subject to receiving DHLP, Parvo and Bordetella vaccinations. Reimbursement of vaccination cost will be at the expense of the owner. (Ord. 3870, 2008; Ord. 3326 Sec. 1, 1998.) 8.02.070 NOTICE OF IMPOUNDING. Upon seizing and impounding of any dog, cat or other animal, the poundmaster shall give notice of such impounding in substantially the following manner: (1) If the animal is licensed and is wearing a license tag, or if the identity of the owner is known to or can readily be determined by the poundmaster, then, as soon as reasonably practicable after the animal is impounded, the poundmaster shall notify the owner by telephone or otherwise that the animal has been impounded and may be redeemed as provided in this chapter. (2) If the owner is known to the poundmaster, but cannot be notified under the provisions of subsection (1) of this section, or if the owner is so notified and does not appear to redeem his animal within twenty-four hours of the time of impounding, then the poundmaster may send, by certified and regular mail, a notice in substantially the following form: "NOTICE OF IMPOUNDING: DATE: ___________________ To Whom It May Concern: I have this day seized and impounded in the City animal shelter at _____________ Street, an animal described as follows: Dog ( ) Cat ( ) Other ( ) PMC Title 8 10/16/17 7 Sex ______ Color _______ Breed _______ Approximate Age ________ Other Identification________ Name of Owner_____________ Notice is hereby given that unless said animal is claimed and redeemed on or before ______o'clock ____M. on the ____day of _______, 19 ____, the same will be sold, adopted or destroyed as provided by ordinance. Signed ______________________ Poundmaster" (3) If the owner can not be readily identified, then the poundmaster shall post notice at the animal control agency in a conspicuous location. Notice shall state the description of the animal and location where the animal was found. (Ord. 3326 Sec. 1, 1998.) 8.02.080 REDEMPTION OF IMPOUNDED ANIMAL. (1) Unless this chapter requires impounding for a longer period of time, any impounded animal may be redeemed by the owner, or authorized representative of the owner, by payment to the poundmaster of an impounding fee and a boarding fee for each calendar day, or part thereof, the animal has been confined, including the day on which the animal is first impounded. Each fee shall be as set forth in Chapter 3.07 of this code provided that the impounding fee shall be increased for the second impoundment and for the third and subsequent impoundments during a twelve month period. If the animal has no valid license tag the owner shall also obtain a license tag for the current year or duplicate tag in accordance with the provisions of this chapter. (2) Upon receiving payment of all fees due, the poundmaster shall execute a receipt in duplicate therefor, and one shall be delivered to the owner, upon which the owner shall acknowledge delivery of the animal and one shall be retained by the poundmaster. (3) If the animal has been declared potentially dangerous or dangerous, the owner must also obtain a permit in accordance with 8.02.320 before such animal can be redeemed by the owner. (Or. 3870, 2008; Ord. 3609 Sec. 1, 2003; Ord. 3385 Sec. 3, 1999; Ord. 3326 Sec. 1, 1998.) 8.02.100 DISPOSITION OF UNCLAIMED ANIMALS. If: (a) An unlicensed cat or cat whose owner cannot be identified by means of an identicode or other identification implant, is not claimed and redeemed by its owner within 48 hours; or (b) A cat or other animal that is licensed or its owner is identifiable by means of an identicode or other informational implant is not claimed and redeemed by its owner within 72 hours, the poundmaster, at his discretion, may place the animal up for adoption, sell the animal or humanely destroy the animal. For purposes of determining whether the 72 hours has expired, the following methods shall be used: (a) if the owner PMC Title 8 10/16/17 8 is notified by telephone, time begins when telephone contact was made with the owner by the poundmaster; (b) if the owner is mailed notice by certified and regular mail, time begins when the notice was mailed; and, (c) if notice was posted because the owner of the animal could not be readily determined by the poundmaster, time begins when the poundmaster posted the notice at the animal control agency in a conspicuous location. (Ord. 3824, 2007; Ord. 3326 Sec. 1, 1998.) 8.02.120 DESTRUCTION OF ANIMALS. In the event of an emergency endangering the health or safety of any person, where seizure and impoundment is deemed inadvisable or impracticable, or for humane considerations, the poundmaster or other police officer at his discretion may summarily destroy the animal involved. (Ord. 3326 Sec. 1, 1998.) 8.02.130 INTERFERENCE WITH OFFICERS. (1) It is unlawful for any unauthorized person to break open, or attempt to break open, the City animal shelter, or to take or let out animals there from, or to take or attempt to take from any officer any animal seized by him in compliance with this chapter, or in any manner interfere with or hinder such an officer in the discharge of his duties under this chapter. (2) Any person violating the provisions of this section shall be guilty of a misdemeanor. (Ord. 4261, 2016; Ord. 3326 Sec. 1, 1998.) 8.02.135 REFUSAL TO REDEEM. (1) It is unlawful for any person to knowingly refuse to redeem an impounded animal or to obtain an animal from the poundmaster or return it to an owner without first paying all impound fees. Violation of this section shall be guilty of an infraction. (2) Repeated failure to redeem. Any person who knowingly refuses to redeem an impounded animal or to obtain an animal from the poundmaster or return it to an owner without first paying all impound fees, more than two (2) times within a 24-month period, shall be guilty of a misdemeanor. (Ord. 4261, 2016.) 8.02.140 WARNING TICKETS. The animal control officer may issue a warning ticket for the first offense of letting an animal be at large. If a warning ticket is issued, the warning ticket shall be in duplicate. The first copy shall be given to the animal's owner, and the second copy shall be returned to the animal control office. (Ord. 3326 Sec. 1, 1998.) 8.02.150 VIOLATION TICKETS. (1) The animal control officer may issue a warning ticket or a violation ticket to an animal's owner for such owner's first violation of the terms of this chapter. If, however, after receiving the violation or warning ticket, the animal's owner continues to violate this chapter, the officer shall on all subsequent offenses issue a violation ticket. (2) The second copy of the violation ticket shall be given to the animal's owner. The first and third copies shall be returned to the office of the animal control PMC Title 8 10/16/17 9 authority. The office staff will make the necessary arrangements to have one copy delivered to the City Municipal Court. (3) The "warning tickets" and "violation tickets" shall either be given directly to the animal's owner or custodian, or to a person of suitable age and discretion, a resident of the household of the owner or custodian. However, if, after making one attempt, the animal control officer is unable to give the ticket to the animal's owner or custodian or person of suitable age and discretion, who is a resident of the household of the owner or custodian, the ticket may be served by mailing it regular and certified mail, return receipt requested, to the animal's owner or custodian at the address appearing on the license form. Service of tickets shall be deemed completed three days after mailing by certified mail, return receipt requested. (Ord. 3326 Sec. 1, 1998.) 8.02.160 CONFINEMENT. (1) Every female dog or cat in heat shall be kept confined to the owner's property or in a veterinary hospital or boarding kennel so that such female dog or cat cannot come in contact with other animals except for intentional breeding purposes. (2) Dogs or cats kept outdoors for more than six hours at one time must be provided with a moisture proof and windproof shelter of a size which allows the animal to turn around freely and to easily sit, stand and lie in a normal position and to keep the animal clean, dry and comfortable. (Ord. 3326 Sec. 1, 1998.) 8.02.170 CRIMES AGAINST ANIMALS. (1) Any person who, with the intent to deprive or defraud the owner thereof, takes, leads away, confines, secretes, or who conceals the identity by obscuring, altering or removing any collar, tag, license, tattoo or other identifying device or mark on any dog or other domestic animal shall be guilty of a gross misdemeanor. (2) Any person who willfully molests, provokes or mistreats any animal or willfully opens any door or gate or unleashes any animal for the purpose of allowing it to leave its owner's property or to be at large shall be guilty of a misdemeanor. (3) Any person who shall willfully injure, torture, torment, mutilate, neglect, or deprive of the necessary food or water, or who shall overdrive, overload, overwork, or work when disabled, cruelly beat, mutilate, or cruelly kill any cat, dog or other animal, or cause or procure an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of the necessary food and water, cruelly beaten or killed or who shall kill or wound any domestic animal by use of any gun, club, knife, bow and arrow or other weapon which may be used for the purpose of inflicting injury or death to any such animal, shall be deemed guilty of a gross misdemeanor. Any owner of an injured, ill, malnourished, neglected or mistreated animal shall provide necessary veterinary care or aid of such animal as may be necessary, as determined by the poundmaster, provide for the recovery of or relief from unnecessary suffering of the animal. (4) Any person who shall maliciously kill, maim or disfigure another's animal, or maliciously administer poison to any such animal, or expose any poisonous substance with intent that the same should be taken by such animal, or commit any other act or PMC Title 8 10/16/17 10 omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or animals, whether the acts or omission herein contemplated be committed either maliciously, willfully or negligently, or knowingly permit such act or omission, or shall cause or procure the same to be done shall be deemed guilty of a gross misdemeanor. (5) It is unlawful for any person to abandon any domestic animal by dropping off or leaving such animal on the street, road or highway, or in any other public place, or on the private property of the owner or another, including unauthorized abandonment at an animal shelter. (6) This section does not apply to the killing of any animal by a police officer, animal control officer, a licensed veterinarian, the owner of such an animal or a person authorized by him to destroy such animal; provided, however, that the death of such an animal is accomplished in a humane manner and for lawful purpose. (7) Every person, firm or corporation convicted of violating subsections (1), (3) or (4) of this section shall be punished by a mandatory fine of not less than $500.00 per animal. Conviction under this section does not bar prosecution and conviction under any other section of this code or any other law or ordinance. (Ord. 3870, 2008; Ord. 3326 Sec. 1, 1998.) 8.02.175 REMOVAL OF ANIMAL – NOTICE. If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated PMC 8.02.170 and no responsible person can be found to assume the animal’s care, the officer may authorize, with a warrant, the removal of the animal to a suitable place for feeding and care, or may place the animal under the custody of the poundmaster (RCW16.52.085). An officer may remove an animal under this subsection without a warrant only if the animal is in an immediate life-threatening condition. In all cases, the officer shall make a good faith effort to notify the owner prior to the animal’s removal. If contact cannot be made, notice shall be given by posting the place of the seizure, by delivering to a person residing at the place of seizure, or by registered mail if the owner is known. (Ord. 3870, 2008.) 8.02.180 DUTIES UPON INJURIES OR DEATH OF AN ANIMAL. It shall be the duty of every person operating or driving a vehicle involved in an accident resulting in an injury or death to a dog, cat or other animal to report the same immediately to the police division by telephone, and to report the same in writing within twenty-four hours after the occurrence of such accident to the police division, giving the relevant information concerning the accident, the report to be made on forms provided by the police division. (Ord. 3326 Sec. 1, 1998.) 8.02.190 LICENSE - DOGS, REQUIRED. Except as provided in Section 8.02.260, no person may keep, harbor or permit to be kept any dog over seven months of age unless it is licensed. (1) Licenses will be issued by the City for either a one or three-year period. Citizens may opt to license for only one year, even if the animal has a three-year rabies PMC Title 8 10/16/17 11 vaccination. To qualify for the three-year license, rabies vaccination should be administered less than 60 days prior to the issuance of the new license. The license fee must be paid within 30 days after the expiration of the current license. Each license is valid for one or three years based on the expiration date of the current license. No refund shall be made of any dog license fee for any reason.. (2) Before a license is issued for any dog, the owner must prove, by a certificate of vaccination signed by a licensed veterinarian that the dog has been vaccinated against rabies at the time of licensing; provided, however, the animal control officer may issue a temporary ten (10) day license contingent upon the owner securing a veterinarian's certificate of vaccination required under this chapter prior to the expiration of the temporary license and further providing that all license fees, including late fees, have been paid. If a certificate is not presented within ten (10) days, it shall be another separate violation of this chapter for each day over ten (10) days that proof is not presented. (3) A veterinarian's certificate is necessary to prove that a dog has been neutered or spayed. (4) Newly acquired dogs over the age of seven months must be vaccinated and licensed within 30 days of acquisition. (5) Fees for licenses will be established by the City Council from time to time and must be paid before the license is issued. (6) No license is required of non-residents staying temporarily within the City for not more than thirty days. Licenses must be obtained within thirty days of the owners establishing residence within the City. (7) All dogs must be licensed before reaching seven months of age. (Ord. 4359, 2017; Ord. 3385 Sec. 4, 1999; Ord. 3326 Sec. 1, 1998.) 8.02.191 LICENSE - CATS, OPTIONAL. Any owner of a cat may obtain a license for their cat for the purpose of identification upon payment of a license fee plus proof that the animal has been given a rabies vaccination. (Ord. 3326 Sec. 1, 1998.) 8.02.200 LICENSE - RECEIPTS AND TAGS. (1) License receipts shall provide space for the following information: sex, color, breed, other identifying marks (if any), approximate age, date and serial number of vaccination, name and address of owner, date of issuance, and amount of license fee. (2) License tags shall bear numbers corresponding with those of the license. The shape and color of the tags may vary and they shall be of a suitable size. (Ord. 4359, 2017; Ord. 3326 Sec. 1, 1998.) 8.02.210 LICENSE PROCEDURES - RECEIPTS AND TAGS. Upon the payment of the license fee and fulfillment of the licensing requirements, the original of the receipt, together with a license tag as provided for in this chapter, shall be delivered to the applicant. A copy shall be retained by the City and said information will be delivered to the poundmaster. (Ord. 4359, 2017; Ord. 3326 Sec. 1, 1998.) PMC Title 8 10/16/17 12 8.02.220 LICENSE PROCEDURES - AFFIXING TAGS. The owner shall cause a valid license tag to be permanently affixed to the collar of the animal so that such license tag is in such a position that it may be easily seen by the animal control officer. The owner shall cause the tag to be worn by such animal at all times. (Ord. 3326 Sec. 1, 1998.) 8.02.230 LICENSE – NO COST FOR ADOPTED ANIMALS. The poundmaster is authorized to issue a no-cost animal license for an impounded, stray animal upon its adoption under the approved process. All other license requirements shall apply. Such license shall only be valid until one year from the date of issuance. (Ord. 4359, 2017; Ord. 3536 Sec. 1, 2002.) 8.02.240 LICENSE TAGS NOT TRANSFERABLE. License tags shall not be transferable. No refund shall be made of any dog license fee for any reason. (Ord. 3326 Sec. 1, 1998.) 8.02.250 KENNELS - LICENSING PROVISION - COMMERICAL KENNELS. No person, firm or corporation shall maintain a commercial kennel within the City without having a current business license and valid commercial kennel license therefor posted in plain view on the premises. The City Clerk shall issue an annual business license and commercial kennel licenses upon the payment of an annual fee as established by the City Council in Chapter 3.07 of this Code and upon receipt of an annual Certificate of Inspection from the Inspection Services Manager. No license shall be issued for a commercial kennel located in violation of any zoning regulations governing the location of commercial kennels, or operated in violation of any other law. (Ord. 3829, 2007; Ord. 3326 Sec. 1, 1998.) 8.02.255 KENNEL – STANDARDS AND INSPECTION – COMMERCIAL KENNELS. (1) Construction and maintenance: All facilities shall be so constructed and maintained as to provide comfort and safety for animals. All areas of the premises shall be maintained in a clean and orderly condition, free of objectionable odors. All facilities shall comply with applicable state and municipal laws, ordinances and regulations. (2) Ventilation: Adequate heating and cooling shall be provided for the comfort of the animals, and the facility shall have sufficient ventilation in all areas. Kennels and animal shelters must provide for a minimum of three air changes per hour. (3) Lighting: Proper lighting shall be provided in all rooms utilized for the care and confinement of animals. Outside lighting shall be adequate to identify the building and to assist the animal caregivers and clients. (4) Water: Potable water shall be provided. (5) Basic sanitation: Any equipment, instruments or facilities used in the confinement and treatment of animals shall be clean and sanitary at all times to protect against the spread of diseases, parasites and infection. PMC Title 8 10/16/17 13 (6) Waste disposal: Covered waste containers, impermeable by water, shall be used for the removal and disposal of animal and food wastes, bedding, animal tissues, debris and other waste. Disposal facilities shall be so operated as to minimize insect or other vermin infestation, and to prevent odor and disease hazards or other nuisance conditions. (7) Animal housing areas: Any facility confining animals shall have individual cages, pens, exercise areas or stalls to confine said animals in a comfortable, sanitary and safe manner. (8) Runs and exercise area: All runs and exercise pens shall be of adequate size to allow comfort and exercise. Runs and exercise pens shall provide and allow effective separation of adjacent animals and their waste products, and shall be constructed in such a manner as to protect against escape or injury. Floors of runs shall be of impervious material. The facility shall use refrigeration and employ a procedure for the prompt, sanitary and esthetic disposal of dead animals which complies with all applicable state, county and municipal laws, ordinances and regulations. (Ord. 3870; Ord. 3829, 2007). 8.02.260 KENNEL - DOG LICENSING AND VACCINATION REQUIREMENTS. (1) Any dog kept in a licensed kennel need not be individually licensed, provided that at all times when not securely confined in the kennel the dog is kept on a suitable leash. (2) A kennel license shall cause all dogs over six months of age kept in that kennel to be vaccinated against rabies. Any dog for which evidence of such vaccination cannot be produced, shall be impounded. (Ord. 3326 Sec. 1, 1998.) 8.02.270 ALTERING, COUNTERFEITING OR TRANSFER OF TAGS UNLAWFUL. It is unlawful to counterfeit or alter any license, license receipt or license tag provided for in this chapter, or to take from any animal a license tag legally placed upon that animal with the intent to place it upon another animal, or to place upon an animal a license tag not validly issued for such animal. (Ord. 3326 Sec. 1, 1998.) 8.02.280 UNLICENSED ANIMALS - ANNUAL SURVEY. (1) Each year the City may undertake a survey of all residents in the City to locate and address themselves to every owner of unlicensed dogs. (2) Every legal means will be used to bring recalcitrant owners into compliance. The canvassers will be given the authority to sell licenses and collect a penalty as determined from time to time by the City Council. (Ord. 3870, 2008; Ord. 3326 Sec. 1, 1998.) 8.02.290 ANIMAL BITES - IMPOUNDING. (1) Every animal bite shall be reported to the health officer who shall investigate the case and may order the offending animal to be impounded at any time during the ten days next following the date of the bite. If the animal is impounded and after ten days next following the date of the bite no rabies is present or suspected, the animal may be released to the owner upon payment of any impounding, boarding and license fees, and compliance with the PMC Title 8 10/16/17 14 licensing and rabies vaccination provisions of this Chapter. If rabies is present or suspected by the health officer, the animal shall be destroyed and the head preserved for laboratory confirmation of the diagnosis. (2) If the health officer orders an animal impounded at any time during the ten days next following the date of a bite, the owner of the animal may request the impounding to be at a licensed veterinarian's establishment at his own expense. (Ord. 3326 Sec. 1, 1998.) 8.02.300 HEALTH OFFICER TO QUARANTINE. It shall be the duty of the health officer to cause to be quarantined any animal within the City, which he has grounds to suspect of being infected with the disease of rabies. Whenever any human being has been bitten by a cat or dog and there is no reason to suspect that the animal is rabid, at the discretion of the health officer, the animal involved may be restricted for ten days for observation in such manner as to prevent contact with other animals or humans except for its caretaker. (Ord. 3326 Sec. 1, 1998.) 8.02.310 NOTICE OF QUARANTINE. (1) Any quarantine of an animal shall be initiated by delivering to the owner or keeper of any such animal a written notice of such quarantine which shall prescribe the duration of the same, provided that the period of said quarantine shall not exceed ten days unless it shall be determined that the existence of such disease is present. The delivery of the notice of quarantine to an adult residing upon the premises where such animal is kept, shall be considered as delivery of the notice to the owner or keeper. Any such animal so quarantined shall be impounded, provided that, in the discretion of the health officer, said animal may be quarantined upon the premises of the owner or any other person during such time as the provisions of the quarantine are strictly kept. (2) During the period of any quarantine made under the provisions of this chapter, the owner or keeper of any animal so quarantined shall not allow said animal to come in contact with any other animal or person or permit such animal to run at large on any street or public place in the City or upon the premises where quarantined unless said premises be enclosed by a secure fence, nor shall such owner or keeper remove or cause such animal to be removed from said premises without the consent of the health officer. Violation of this subsection shall be guilty of a civil infraction and subject to the penalties assessed therefore. These restrictions shall continue until said animal shall have been released from quarantine. Any animal found running at large as defined in Section 8.02.010, or which has been removed from the premises upon which quarantined, shall be impounded and unless claimed and redeemed by its owner within two days after the expiration of quarantine period may be destroyed by the proper authorities. (3) Whenever any outbreak of rabies occurs, or when rabies has been diagnosed or a rabid dog or animal has been present in the City, it is unlawful for any owner, keeper or handler of an animal to keep or harbor the same within the City limits after the last publication of the notice provided for in subsection (5) of this section, and during the period in said notice prescribed, unless such dog or animal be securely PMC Title 8 10/16/17 15 confined at all times by leash or kept in a tight enclosure from which such animal cannot escape. Any animal found running at large in the City during said period shall be impounded and, unless claimed and redeemed by its owner within two days after such impounding, may be destroyed by the proper authorities. Any health or police officer may destroy any animal found running at large within the limits of the City during said period when, after reasonable effort, he shall be unable to impound said animal or after reasonable investigation shall be unable to locate the owner or keeper thereof. (4) Any animal that has been bitten by a rabid animal must be destroyed. If the owner is unwilling to have this done, the animal (dog or cat only) should be vaccinated and placed in strict isolation for six months or longer. If the animal has been previously vaccinated with an approved vaccine within the time limit approved for such vaccine, re-vaccination and restraint for ninety days shall be carried out. (5) Upon any outbreak of rabies, or when rabies has been diagnosed within the City limits, or a rabid dog or animal has been found present, and when, in the judgment of the health officer, there is imminent danger of the spread of the disease, such officer shall publish a notice to that effect in the official newspaper of the City for three successive days, and for six weeks after the last publication of said notice the provisions of Section 8.02.120 shall be applicable, provided that the health officer shall have authority, when in his judgment an extension of said six weeks time is necessary to carry into effect the purpose of this chapter, to extend the said six-week period for an additional six weeks or such lesser time as he shall deem necessary by notice given in the manner provided for in this section and to further thereafter and in the same manner continue said six-week or lesser period until, in his judgment, the said strict quarantine herein provided for shall be unnecessary. (Ord. 3326 Sec. 1, 1998.) 8.02.320 POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS. (1) Declaration: The poundmaster has the authority to declare an animal potentially dangerous or dangerous and require such animal to have a permit in accordance with this section. The poundmaster may declare an animal potentially dangerous or dangerous if he has probable cause to believe that the animal falls within the definitions set forth in section 8.02.010. If the owner of such animal can be readily determined, the poundmaster shall notify the owner personally or by certified mail of the declaration. If, however, the owner of such animal cannot be readily determined, notification shall be waived. (2) Impoundment: No person shall have, keep or maintain a potentially dangerous or dangerous animal without first obtaining a permit from the poundmaster. Any animal meeting this definition and found at-large without a permit will be impounded immediately at the expense of the owner. If the owner of such animal can be readily determined, the poundmaster shall notify the owner personally or by certified or regular mail of the impoundment. If, however, the owner of such animal cannot be readily determined, notification shall be by posting at the Animal Control Agency as provided in Section 8.02.100. (3) Appeal: Any owner of an animal subject to this section, may appeal the determination of the poundmaster to the Hearing Examiner for determination provided PMC Title 8 10/16/17 16 the appeal is made in writing and filed with the City Clerk within ten (10) days of the poundmaster's determination. The hearing shall be scheduled within seven (7) days of the date of service of such notice and the decision of the poundmaster shall be stayed and any impoundment shall continue, at the cost of the owner, pending the appeal. a) If the Hearing Examiner finds insufficient evidence to support the Declaration, the Declaration shall be rescinded and the restrictions imposed thereby annulled. All impound fees are the responsibility of the owner of the animal, no animal impound expense and fee(s) shall be assessed against the City of Pasco or the animal control authority or officer. b) If the Hearing Examiner finds sufficient evidence to support the declaration, he / she shall impose restitution if applicable, and may impose reasonable additional restrictions on the animal. c) Decisions of the Hearing Examiner shall be final and conclusive unless a timely appeal is filed with the Superior Court of Franklin County by an aggrieved party within twenty-one (21) calendar days from the date of issuance of the decision and any impoundment shall continue, at the cost of the owner, pending the appeal. (4) Redemption or Destruction of Animal: An animal impounded under this section shall be returned to its owner if he complies with section 8.02.320(5) and 8.02.080 within 72 hours of after notification of impoundment. If, however, the owner of the impounded animal under this section does not comply with section 8.02.320(5) and 8.02.080 within 72 hours after notification of impounding, such animal shall be destroyed in an expeditious and humane manner. For purposes of determining whether the 72 hours have expired, the following methods shall be used: (a) if the owner is personally served by the poundmaster, time begins when the owner was personally served; (b) if the owner is mailed notice by certified and regular mail, time begins when the notice was mailed; and, (c) if the owner of such animal could not be readily determined by the poundmaster, notice shall be by posting as provided by section 8.02.100 and the time begins at posting as provided by section 8.02.100 EXCEPTION: Upon execution of Declaration of Removal by the owner, or authorized representative of the owner of the animal and payment of applicable fees including impound fees, the animal may be released by the poundmaster into the custody of the owner, or authorized representative of the owner for the immediate and permanent removal of the animal from Pasco. (5) Permit Required: No person shall have, keep or maintain any potentially dangerous or dangerous animal without first obtaining an annual permit from the poundmaster. The fee for such a permit shall be in addition to the regular annual license fee. A permit will only be granted if the applicant has provided and maintains: (a) a proper enclosure to properly and safely confine the animal as determined by the poundmaster, (b) a conspicuously posted sign on the premises which clearly warns the public and children that there is a potentially dangerous or dangerous animal on the property, (c) $250,000 surety bond issued by a surety insurer qualified under RCW 48.28 in a form acceptable to the poundmaster payable to any person injured by the potentially dangerous or dangerous animal; or liability insurance, such as homeowner s PMC Title 8 10/16/17 17 insurance, issued by an insurer qualified under Title 48 RCW in the amount of not less than $250,000 with maximum deductible coverage not to exceed $2,500 in a form requiring notice to the City of cancellation or nonrenewal of such policy not less than 30 days prior to its date of cancellation or expiration, insuring the owner for any personal injuries or property damage inflicted by the animal and (d) proof that all surrounding property owners and occupants have been notified and given an opportunity to comment on the confinement plans. (Ord 3756 Sec. 2, 2006). (6) Exemption to Permit Requirement: An animal that is classified as “potentially dangerous” under the provisions of subsection 8.02.010 (17)(d) may be exempted from the permit requirements of the above subsection (5), provided such animal has passed the Canine Good Citizen (CGC) test of the American Kennel Club (AKC), as administered by the poundmaster or the Animal Control Authority, and received the appropriate certificate from AKC. Such animal shall be retested and passed at least once every two years in order to maintain this exemption. (7) Control and Confinement: Dangerous and potentially dangerous animal must be muzzled and securely leashed, restrained and under the control of a person physically able to control the animal when away from the property of the owner or keeper; or, while on the property of the owner, must be securely confined within a “proper enclosure” as defined in section 8.02.010 made of materials strong enough to adequately and humanely confine the dog in a manner which prevents it from escaping the property and to prevent the entry of young children and kept in conformance with requirements in section 8.02.320(5). (8) Violations and Regulation: Any person violating the provisions of this section shall be guilty of a gross misdemeanor. No person who, being the owner of any potentially dangerous or dangerous animal, shall keep, harbor or maintain the same on or off his premises in a manner endangering or likely to endanger the safety of persons, property or other animals nor shall he allow the same to run at large within the City. It shall be a defense to any charge under this section involving an alleged potentially dangerous or dangerous animal that the person endangered was committing, was about to commit or had just committed a trespass or crime and that the animal s reaction was a natural result thereof. The Animal Control Agency may petition the Pasco Code Enforcement Board to determine whether an animal should be destroyed. (Ord. 3870, 2008; Ord. 3714 Sec. 2, 2005; Ord. 3439 Sec. 1, 2000; Ord. 3385 Sec. 1, 1999; Ord. 3326 Sec. 1, 1998.) 8.02.330 RCW SECTIONS ADOPTED – POSSESSION OF POTENTIALLY DANGEROUS WILD ANIMALS PROHIBITED. The following sections of the Revised Code of Washington (RCW) pertaining to prohibiting possession of potentially dangerous wild animals, including bobcats (lynx rufus, member of the Class mammalia, Order carnivora, Family felide, or any hybrid or cross-mix thereof) as now or hereafter amended are hereby adopted by reference as part of this Chapter in all respects through such chapter were set forth in full: RCW 16.30.005; RCW 16.30.010; RCW 16.30.020; RCW 16.30.030; RCW 16.30.040; RCW16.30.050; RCW 16.30.060; RCW 16.30.070; RCW 16.30.900. (Ord. 3870, 2008.) PMC Title 8 10/16/17 18 8.02.340 ANIMALS DISTURBING THE PEACE. It is unlawful for any person owning or harboring an animal to allow or permit such animal to cause serious or habitual disturbance or annoyance by frequent or habitual howling, yelping, barking or otherwise noisy conduct, which shall annoy, injure or endanger safety, health, comfort or repose of others. An animal is harbored in violation of this section if, without provocation, it makes noise which can be heard continuously within an enclosed structure off its owner's property for more than five minutes. (Ord. 3326 Sec. 1, 1998.) 8.02.350 RESPONSIBILITY OF OWNER. Nothing contained in this chapter shall relieve the owner or owners of any animal from responsibility for any damage committed by such animal, as provided by the law and sections of this chapter. (Ord. 3326 Sec. 1, 1998.) 8.02.360 PENALTY PROVISIONS. (1) Any person violating any provision of this chapter, except sections 8.02.130, 8.02.135(2), 8.02.170 and 8.02.320, is guilty of an infraction. Unless matters in aggravation warrant a greater civil penalty, each violation shall be subject to a minimum penalty as set forth in Chapter 3.07 of this code, plus all costs and assessments for the following respective violations: (a) First violation within five years. (b) Second violation within five years. (c) Third violation within five years. (d) Four or more violations within five years. (2) Each person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by any such person and shall be punished accordingly. (3) Court costs shall be assessed in addition to any other fine, penalty, cost or statutory assessment imposed. (Ord. 4261, 2016; Ord. 3870, 2008; Ord. 3544 Sec. 1, 2002; Ord. 3534 Sec. 1, 2002; Ord. 3326 Sec. 1, 1998.) 8.02.365 LICENSE FEES. The following animal license categories are established with respective fees as set forth in Chapter 3.07 of this code. (1) Dog license (a) Unaltered (b) Altered, spayed or neutered (2) Cat license (a) Unaltered (b) Altered, spayed or neutered (3) Low income senior citizens meeting the criteria for eligibility for utility discount services provided by PMC 13.20.040 altered, spayed or neutered, dog or cat. (4) Replacement tags (a) Replacement tags for low income senior citizens PMC Title 8 10/16/17 19 meeting the criteria for eligibility for utility discount services provided by PMC 13.20.040 (5) Kennel and Cattery (6) Potentially Dangerous or Dangerous Animal Permit A late fee for each license issued, shall be assessed against any person failing to secure the required license within the dates required by PMC 8.02.190. (Ord. 3870, 2008; Ord. 3544 Sec. 2, 2002; Ord. 3385 Sec. 2, 1999; Ord. 3326 Sec. 1, 1998.) 8.02.370 VOUCHER FOR NEUTERING. Any owner licensing an unaltered animal shall, upon request, be issued a voucher redeemable in the sum of $25.00 within 60 days of the date of license issuance by a veterinary who shall certify that the animal, for which the license was issued, has been neutered within the redemption period, and that such amount has been credited for the benefit of the owner in payment of the neutering procedure. (Ord. 3326 Sec. 1, 1998.)