Title 6
ANIMALS
Chapters:
6.04
Enforcement Authority
6.08
Definitions
6.12
Nuisances
6.16
Dangerous or Potentially Dangerous Animals
6.20
Detainment and disposal
6.24
Licensing
6.28
Rabies Control
6.32
Offenses
6.36
Notice
6.40
Violations – Penalties
6.44
Livestock, Poultry and Exotic Animals
Chapter 6.04
ENFORCEMENT AUTHORITY
Sections:
6.04.010 Enforcement - Authority
6.04.020 Animal Shelter – Humane officer duties.
6.04.010 Enforcement – Authority.
The city
may contract with a qualified entity to perform the services of
the animal control authority. Said animal control authority and
the Chelan County sheriff’s office shall have the 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 animal control authority, the Chelan County
sheriff’s department, or whichever entity the city has contract
with for law enforcement services, 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.
6.04.020 Animal shelter – Humane officer duties.
There
shall be an animal shelter for detaining animals and facilities
for the 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 and impound any and
all animals constituting a public nuisance, as defined herein.
Impounding any animal shall be upon the written complaint of any
two persons, or upon actual observation by the humane officer
of an animal creating a public nuisance, as defined herein. The
humane officer shall, upon impounding any animal, make a
complete registry thereof, entering the breed, color, sex,
whether licensed or not, 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 tab.
Chapter 6.08
DEFINITIONS
Sections:
6.08.010 Definitions
6.08.010 Definitions.
As used in
this chapter, except where a different meaning is plainly
apparent from the context, the following definitions apply:
A.
“Administrative fee” means the charge levied by the animal
control authority’s animal shelter for apprehending an animal
and placing it in its custody.
B. “Alter”
means to permanently render an animal incapable of
reproduction for medical reasons, whether or not surgically
altered.
C.
“Animal” means all vertebrates except homo sapiens.
D. “Animal
Control Authority” means any organization, whether private or
public, that the city of Cashmere may contract with for the
control of animals within the city limits and for the
enforcement of this title.
E. “City”
means the city of Cashmere.
F.
“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.
G.
“Dangerous dog” means any dog that according to the records of
the appropriate authority:
1. Has
inflicted severe injury on a human being without provocation
on public or private property;
2. Has
killed a domestic animal without provocation while off the
owner’s property; or
3. Has
been previously found to be potentially dangerous, the owner
having received notice of such and the dog again aggressively
bites, attacks, or endangers the safety of humans or domestic
animals.
H.
“Department” means the department of the animal control
authority and animal shelter.
I.
“Detained” means to apprehend and/or keep an animal in
custody.
J.
“Director” means the director of the animal control authority.
K. “Exotic
animal” means any animal which is not commonly domesticated or
which is not native to or usually found in the United States.
L. “Humane
manner” means adopted or euthanized by an overdose of sodium
phenobarbital.
M. “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.
N.
“Harboring” means allowing any animal to remain, be lodged,
fed or sheltered, for more than 24 hours, on property one
owns, occupies or controls.
O.
“Holding period” means 72 hours, commencing at 1:00 a.m.
following the date of detainment of any animal, excluding any
day the animal shelter or other facility for detaining is not
open to the public.
P. “Humane
officer” means any employee of the animal control authority.
Q. “Owner”
means a person who harbors, keeps, causes or permits an animal
to be harbored or kept, or who has an animal in his or her
possession or custody, or who permits an animal to remain on
or about his or her premises or who has legal title to the
animal.
R.
“Permit” means human conduct in relation to an owned animal
which is intentional, deliberate, careless, inadvertent or
negligent.
S.
“Potentially dangerous dog” means any dog that when
unprovoked: (1) inflicts bites on a human or a domestic animal
either on public or private property, or (2) chases or
approaches a person upon the streets, sidewalks, or any public
grounds in a menacing fashion or apparent attitude of attack,
or any dog with a known propensity, tendency, or disposition
to attack unprovoked, to cause injury, or to cause injury or
otherwise to threaten the safety of humans or domestic
animals.
T.
“Trespassing” means an animal which enters upon property owned
by another without the authorization of the lawful occupant.
U.
“Vicious animal” means an animal which has bitten, clawed or
otherwise harmed a human being or another animal, or which
demonstrates menacing behavior toward human beings or domestic
animals, but does not include an animal that bites, attacks or
menaces a person or another animal that tormented or hurt it
before the retaliatory attack.
Chapter 6.12
NUISANCES
Sections:
6.12.010 Declared.
6.12.020 Impoundment.
6.12.030 Notice and redemption.
6.12.040 Destruction or other disposition – Notice.
6.12.050 Denial of redemption.
6.12.060 Destruction by officer – Authority when
6.12.010 Declared.
The following are declared to be a public nuisance:
A. Any unrestrained dog menacing or injuring passersby on public
thoroughfares or persons legitimately on school grounds, public
parks or playgrounds or in public buildings or on private
property other than that of the owner of such dog, in such
fashion as to arouse reasonable apprehension of imminent bodily
harm;
B. Any dog wandering at large without apparent home, care, or
supervision;
C. Any dogs roaming at large in packs of three or more;
D. Any dog harassing the livestock or poultry of another;
E. Any dog viciously attacking a domestic animal at a place
where the victim animal had a right to be;
F. Any dog harassing a game animal at a location other than upon
the property of the owner or person in possession of such dog.
G. The keeping or harboring of any dog or other animal
which by frequent or habitual howling, yelping, barking or the
making of other noises shall continuously or repeatedly annoy or
disturb a neighborhood.
6.12.020 Impoundment.
A. Any dog constituting a public nuisance as described
hereinabove may be taken into custody with or without a warrant
by any peace officer or humane officer and impounded at the
animal shelter of the animal control authority and a written
report of the circumstances constituting the basis of
impoundment shall be filed with the Chelan County Sheriff’s
office.
B. Any person may file a complaint under oath with the Chelan
County District Court alleging any dog to be a public nuisance
whereupon the district court shall issue a warrant directed to
the Chelan County sheriff or any peace officer or humane officer
to impound such dog.
6.12.030 Notice and redemption.
A. Upon the impoundment of any dog as a public nuisance,
immediate efforts shall be made by the impounding authority to
give written notice of impoundment to the owner or reputed
owner. Such notice shall be by personal service, if feasible;
otherwise, by certified mail, return receipt requested, to the
last known address of such owner.
B. Subject to CMC 6.20, the owner may redeem such dog from
impoundment by payment to the animal control authority of an
impoundment fee, plus the standard posted boarding fee, plus the
cost of any reasonably necessary veterinarian expense incurred
during the period of impoundment.
6.12.040 Destruction or other disposition – Notice.
Upon order of the Chelan County District Court adjudicating it
to be a public nuisance, any unredeemed, impounded animal may be
either humanely destroyed or delivered to a person offering to
pay the impoundment, board, and veterinary charges incurred and
to provide the animal a good home, as the court shall order,
without notice other than the notice of impoundment after three
days following personal service of such notice or after five
days following the mailing of such notice or after proof by
affidavit of inability to locate the owner or reputed owner of
such animal within five days after impoundment.
6.12.050 Denial of redemption.
After five days’ written notice to the owner or reputed owner by
personal service or certified mail, return receipt requested,
and an opportunity for hearing upon the demand of the owner, the
district court may deny the privilege of redemption and order an
impounded animal destroyed if the court finds that such animal
either has been impounded three times within the preceding
12-month period or constitutes a serious danger to persons or
property.
6.12.060 Destruction by officer – Authority when.
Any animal constituting a public nuisance which a peace officer
or humane officer is unable to take into custody for purposes of
impoundment save at the risk of serious bodily harm to himself,
may be forthwith destroyed by such officer.
Chapter 6.16
DANGEROUS OR
POTENTIALLY DANGEROUS ANIMALS
6.16.010 Ownership unlawful – Exception.
6.16.020 Dangerous animal or potentially dangerous dog –
Determination.
6.16.030 Requirements for restraint.
6.16.040 Dangerous animal, potentially dangerous dog, or
dangerous dog – Detention.
6.16.050 Potentially dangerous dogs – Detention.
6.16.060 Appeal of animal control authority determinations.
6.16.070 Registration fee.
6.16.010
Ownership unlawful – Exception.
It is
unlawful to own a vicious animal other than a licensed guard or
attack dog.
6.16.020 Dangerous animal or potentially dangerous dog –
Determination.
A. The
animal control authority may determine that an animal is a
dangerous animal as defined in CMC 6.08.
B. The
animal control authority may determine that a dog is a
dangerous dog or a potentially dangerous dog, as defined in CMC
6.08.
6.16.030 Dangerous animals, dangerous dogs and potentially
dangerous dogs – Registration required.
A. It is unlawful for any person to have a dangerous animal, a
dangerous dog or potentially dangerous dog, other than a
licensed guard or attack dog, within the city without first
obtaining a certificate of registration issued under this
chapter. This prohibition shall not apply to any police dog as
defined in RCW 4.24.410, to any facility processing or
maintaining animals and which is owned, operated or maintained
by any city, county, state or federal agency, nor to any
licensed veterinary hospital in which an animal may be
temporarily confined for treatment. The animal control authority
may issue a special permit, not to exceed 30 days’ duration, for
the keeping of a dangerous animal for shows or special exhibits.
B. A certificate of registration to have a dangerous animal,
dangerous dog or potentially dangerous dog shall be issued by
the animal control authority only upon receiving sufficient
evidence that:
1. There is a secure enclosure to confine the animal
which, during any absence of the owner or keeper, will safely
confine the animal;
2.The premises are posted with clearly visible
warning signs stating that a dangerous animal is on the property
and which display a conspicuous symbol informing and warning
children of the presence of a dangerous animal;
3. A surety bond is issued by a surety insurer
qualified under Chapter 48.28 RCW and in a form acceptable to
the animal control authority in the sum required by RCW
16.08.080, conditioned upon payment of damages to any person
injured by the animal; or a policy of liability insurance issued
by an insurer qualified under RCW Title 48 in the amount
required by RCW 16.08.080, which specifically provides coverage
for any and all personal injuries inflicted by the animal.
4. Proof that a microchip has been implanted for
identification purposes.
6.16.040 Requirements for restraint.
A. It is unlawful for a dangerous animal or a dangerous dog to
be outside a secure enclosure unless the animal is muzzled,
restrained by a substantial chain or leash, and under the
physical control of a responsible person. The muzzle shall be
made and worn in a manner that shall prevent the animal from
biting. A violation of this subsection shall be punishable as a
gross misdemeanor.
B. It is unlawful for a potentially dangerous dog to be outside
a secure enclosure unless the animal is restrained by a
substantial chain or leash and under the physical control of a
responsible person. A violation of this subsection shall be
punishable as a gross misdemeanor.
6.16.050 Dangerous animal, potentially dangerous dog or dangerous
dog – Detention.
A dangerous
animal, potentially dangerous dog, or dangerous dog may be
immediately detained by an animal control officer if:
A. No
certificate of registration has been issued for the animal;
B. The
owner has failed to comply with any condition of a certificate
of registration;
C. The
insurance policy or surety bond required by the certificate of
registration is canceled, expired or lapsed; or
D. The
animal is outside a secure enclosure without the restraints
required by CMC 6.16.040.
6.16.060
Appeal of animal control authority determinations.
A. A person who is aggrieved by a determination of the animal
control authority that an animal owned or kept by the person is
a dangerous dog or potentially dangerous dog may
appeal such determination to the Chelan County District Court.
1. A written appeal shall be filed with the clerk of the
district court not more than 14 days after the final determination
of the animal control authority is issued. The written appeal
shall include the name, address and telephone number of the
appellant(s) and a copy of the determination of the animal control
authority.
2. The clerk shall promptly set a date for a hearing of the
appeal. Written notice of the date, time and place of the appeal
hearing shall be mailed or personally delivered to the appellant(s)
and to the animal control authority not less than 10 days prior to
the hearing.
3. The appellant(s) shall have the burden of proving that
the determination of the animal control authority is arbitrary and
capricious.
B. An owner or keeper of an animal who is aggrieved by detention
of a dangerous animal, dangerous dog or a potentially dangerous
dog may prevent destruction or adoption of the animal by
petitioning the Chelan County District Court for the animal’s
return, subject to court-imposed conditions.
1. A written petition shall be filed with the clerk of the
district court not more than 14 days after the date of initial
detention. The petition shall include the name, address and
telephone number of the petitioner(s) and a copy of the final
determination of the animal control authority. The petition shall
be accompanied with a bond or security in an amount sufficient to
provide for the animal’s detention and care for not less than 45
days from the date of initial detention.
2. The clerk 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 animal control authority not less than 10
days prior to the hearing.
3. The petitioner(s) shall have the burden of proving that
specific, additional court-imposed conditions may be imposed that
are sufficient to safeguard the public from bodily harm and
property damage.
4. If the district court determines that the animal should
not be returned to the owner or keeper, the animal shall be
forfeited by the owner or keeper. The animal control authority may
destroy the animal or find a responsible person or agency to adopt
the animal.
5. If the district court determines that the animal should be
returned to the owner or keeper, the district court shall impose
such specific conditions as it deems appropriate to safeguard the
public from bodily injury and property damages. The petitioner(s)
shall pay the cost of the animal’s detention and care within 10
days after the district court’s determination. If the petitioner(s)
fails to pay such costs, the bond shall be forfeited and the
animal control authority may destroy the animal or find a
responsible person or agency to adopt the animal.
6.16.070 Registration fee.
The city
shall charge an annual registration fee as set forth by
Resolution of the city council, in addition to regular dog
licensing fees, to register a dangerous animal, dangerous dog,
or potentially dangerous dog.
Chapter 6.20
DETAINMENT AND
DISPOSAL
Sections:
6.20.010 Release – Payment of fees.
6.20.020 Notice of detention.
6.20.030 Proof of ownership.
6.20.040 Discretion to dispose.
6.20.050 Failure to claim – Disposal.
6.20.060 Boarding fee – When charged.
6.20.070 Relinquishing possession – Administrative fee
charged.
6.20.080 Animals deemed property – When.
6.20.010 Release – Payment of fees.
No detained animal shall be released to the owner until all
applicable fees assessed by the animal control authority are
paid.
6.20.020 Notice of detention.
The
director shall ascertain whether any detained animal is
currently licensed and, if such animal is, shall notify the
licensee by letter that such animal has been detained and may
be redeemed upon payment of applicable fees.
6.20.030 Proof of ownership.
Anyone
claiming a detained animal must prove ownership to the
satisfaction of the director before redeeming the animal.
6.20.040 Discretion to dispose.
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.
6.20.050 Failure to claim – Disposal.
Any animal
which is detained by the director may be held at the 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.
6.20.060 Boarding fee – When charged.
A boarding
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 business on the day that the animal is
detained.
6.20.070 Relinquishing possession – Administrative fee
charged.
An
administrative fee shall be paid by any person choosing to
relinquish possession of any animal detained by the animal
control authority.
6.20.080 Animals deemed property – When.
Strays and abandoned animals, following the holding period, and
animals voluntarily surrendered to the director shall become the
property of the animal control authority and animal shelter.
Chapter 6.24
LICENSING
Sections:
6.24.010 Animal licenses – Generally.
6.24.020 Guard or attack dog license.
6.24.030 License fees.
6.24.010 Animal licenses – Generally.
A. The following animal licenses shall be required: dog
licenses, guard and attack dog licenses, and dangerous animal
licenses. The licenses shall not be transferable. Applications
for licenses and permits shall be made on forms approved by
the director of the animal control authority and shall be
accompanied by the fee set by city resolution and proof of
alteration if the animal is altered. Licenses shall be issued
in the name of the owner and shall be numbered serially. An
identification tag inscribed with “Cashmere,” a number
corresponding to the license, and the license expiration date
shall accompany each license issued. The licenses shall be
issued for the period of time from March 1st of each year to
the last day of February of the following year. Any owner of a
dog which is four months of age or older must obtain a valid
license for each such animal. Licenses shall be available
January 1st of each year and must be purchased by March 1st of
each year for the 12-month period commencing March 1st of said
year and effective through the last day of February of the
following year.
B. Penalties.
(1) It is a civil infraction for any dog owner to fail to
license his or her dog when required, or fail to display
conspicuously a license identification tag on any dog found or
observed off of the
owner’s property when licensing is required as provided in
this section. Each day’s violation constitutes a separate
offense.
(2) The penalty for any violation outlined herein, except as
provided in subparagraph (3) below, shall be as set forth in
Cashmere Municipal Code Chapter 6.40.
(3) These penalty provisions do not apply to owners of
dangerous dogs who fail to register said animal. Rather, he or
she is subject to the penalty provisions of Chapter 16.08 RCW
et seq. or any amendments thereto.
6.24.020 Guard or attack dog license.
No person
shall use a guard dog or attack dog without first obtaining a
guard or attack dog license. The application for the guard or
attack dog license shall certify the following information to
the director:
A. The
name and address of the owner of the guard dog or attack dog,
a description of the dog, and the address of and the business
name, if any, of the premises the dog will guard;
B. The
name and address of the trainer, the name and address of the
purveyor of the dog;
C. That
the premises the dog will guard is adequately secured for
safety of the public;
D. That
signs are displayed on the premises at all entrances clearly
warning that a guard or attack dog is on duty;
E. That
the user of the guard or attack dog is aware of and
understands the aggressive nature of the dog.
6.24.030 License and registration fees.
The city of
Cashmere hereby adopts those animal license and registration
fees and other animal control fees as set forth by resolution of
the city council.
Chapter 6.28
RABIES CONTROL
Sections:
6.28.010 Current vaccination required.
6.28.020 Revaccination – Biting – confinement.
6.28.030 Quarantine requirements.
6.28.040 Quarantine – Diagnosis.
6.28.050 Veterinarian report.
6.28.060 Emergency authority.
6.28.070 Suspicion of rabies – Detention authority.
6.28.010 Current vaccination required.
All dogs 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 shall be vaccinated within 30 days of
obtaining the dog. An owner or custodian acquiring a dog
shall have such dog inoculated against rabies within 30 days
after the dog reaches six months of age. Any person moving
into the city from a location outside of the city shall comply
with this section 30 days after having moved into the city.
6.28.020 Revaccination – Biting – Confinement.
A current rabies vaccination means that a dog vaccinated
between three months and one year of age shall be revaccinated
at least 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 authority.
6.28.030 Quarantine requirements.
It is 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 sole 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 exists 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 district 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
chapter.
6.28.040 Quarantine – Diagnosis.
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 advise such officer 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 take action to obtain a pathological and inoculation
examination of the animal. As soon as a diagnosis is made
available which shows the animal to be rabid, the animal control
officer shall notify the county public health officer of any
reports of human contact with the animal. Any animal which has
not been inoculated against rabies and is known to have been
bitten by a rabid animal shall be humanely destroyed
immediately.
6.28.050 Veterinarian report.
Any veterinarian who diagnoses rabies in any animal shall report
such fact to the animal control officer. 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.
6.28.060 Emergency authority.
In case of an outbreak of rabies constituting an emergency
situation, the mayor shall be authorized to impose strict
regulations pertaining to animals within the city limits.
6.28.070 Suspicion of rabies – Detention authority.
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.
Chapter 6.32
OFFENSES
Sections:
6.32.010 Offenses relating to licensing.
6.32.020 Offenses relating to the sale of animals.
6.32.030 Offenses relating to safety and sanitation.
6.32.040 Offenses relating to cruelty.
6.32.050 Offenses relating to control.
6.32.010
Offenses relating to licensing.
It is
unlawful for the owner of an animal to:
A. Fail to
obtain the license required by the animal control fee ordinance;
B. Fail to
display, conspicuously, a license identification tag on the
licensed animal;
C. Fail to
show the license upon request of any animal control officer or
police officer.
6.32.020 Offenses relating to the sale of animals.
For the
purpose of consumer protection, it is unlawful to:
A. 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;
B. Sell any
animal known to be vicious.
6.32.030 Offenses relating to safety and sanitation.
It shall be
unlawful for an owner to:
A. Allow the
accumulation of cat or dog feces in any open area, run, cage, or
yard, wherein dogs and/or cats are kept and fail to remove or
dispose of feces at least once every 24 hours;
B. Fail to
remove from public property or private property of another that
fecal matter deposited by his or her animal before the owner
leaves the immediate area where the fecal matter was deposited;
C. Fail to
have in his or her possession the equipment necessary to remove
his or her animal fecal matter when accompanied by said animal
on public property or on a public easement;
D. Have
possession or control of any animal sick or afflicted with any
infection or contagious disease and fail to provide treatment
for such infection or disease; or allow or permit such diseased
or infected animal to run at large or come in contact with other
animals or human beings or drink at any public or common
watering trough or stream accessible to other animals. (Ord. 686
§ 11, 1985).
6.32.040 Offenses relating to cruelty.
It shall be
unlawful for any person to:
A. Injure,
kill, or physically mistreat any animal except as is specially
permitted by law;
B. Lay out
to expose or leave exposed any kind of poison, poisoned food or
drink where accessible to any 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 subsection shall prohibit any governmental agency acting in
the course of its governmental duties from performing any act
allowed it by law;
C. Set or
bait any trap without a valid permit issued by the director,
provided that no permit is required to trap rats;
D. Confine
without necessary ventilation any animal in any box, container,
or vehicle;
E. Tease,
tantalize, or provoke any animal with the intent to cause fear,
anger, or injury to said animal;
F. 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;
G. Keep an
animal in unsanitary conditions or to provide insufficient food,
water, shelter or ventilation necessary for the good health of
that animal;
H. Fail to
provide an animal with the medical care that is necessary for
its health or to alleviate its pain;
I. Permit
any animal to fight or injure another animal, or permit any
animal to be fought with 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 or for financial gain, or permit such
conduct on premises under his or her control or to be present as
a spectator at such exhibitions.
6.32.050 Offenses relating to control.
It shall be
unlawful for any owner to:
A. Permit
any domestic animal except cats 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 person;
B. Permit
any dog to enter any public fountain;
C. 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 dog unless the
male dog is admitted by the owner of the female dog;
D. Permit
any animal to:
1. Damage
public property or the private property of another,
2.
Habitually bark, whine, or howl, or
3. Spread or
spill garbage;
E. Permit
any animal to trespass upon the property of another;
F. Have in
his or her possession any animal not owned by him or her without
the knowledge of the rightful owner thereof unless he or she
notified the director of such possession within 24 hours of
acquiring possession of such animal or to fail to surrender such
animal to the director upon demand;
G. Tether an
animal in such 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 unless authorized by the occupant of the
adjacent premises.
Chapter 6.36
NOTICE
Sections:
6.36.010 Initiation of violation.
6.36.020 Authority to issue humane infraction.
6.36.030 Service of notice.
6.36.040 Contents.
6.36.050 Response to notice.
6.36.010
Initiation of violation.
Violations
of this chapter shall be initiated by the issuance, service and
filing of a notice of humane infraction.
6.36.020 Authority to issue humane infraction.
Only those
persons authorized by CMC 6.04.010 may issue a notice of humane
infraction.
6.36.030 Service of notice.
Notice of a humane infraction may be served either by (1)
service of the notice on the person named in the notice at the
time of issuance; (2) filing the notice with the court, in which
case the court shall have a notice served either personally or
by mail, postage prepaid, on the person named in the notice, at
his last known address. If the notice served by mail is returned
to the court as undeliverable, the court shall issue a warrant
for arrest.
6.36.040 Contents.
The notice
shall contain the following information on the copy given to the
defendant:
A. Name,
address and phone number of the court where the notice is to be
filed;
B. The
infraction which the defendant is alleged to have committed, the
date, the time and place the infraction occurred, the date the
notice was issued, and the name and number of the citing
officer;
C. A
statement that the defendant must respond to the notice within
seven days of issuance;
D. A space
for defendant to sign a promise to respond to the notice in the
time required;
E. A space
for entry of the monetary penalty which defendant may forfeit in
lieu of appearing in court;
F. A
statement that a mailed response must be mailed no later than
midnight on the date the response is due.
6.36.050 Response to notice.
A person may
respond to a notice by:
A. Paying
into the registry of the court the amount of the monetary
penalty indicated on the notice; or
B.
Requesting a hearing in the Chelan County District Court to
admit the infraction and explain the circumstances or to contest
the determination that the infraction occurred.
Chapter 6.40
VIOLATIONS –
PENALTIES
Sections:
6.40.010 Violations – Penalties.
6.40.010
Violations – Penalties.
A. It shall
be unlawful for any person owning or possessing an animal to
violate this title. Any such violation shall be deemed a
nuisance per se.
B. It shall
be unlawful for any person to knowingly interfere with or hinder
the impoundment, or apprehension for purposes of impoundment, of
any dog or encourage, direct, or incite any dog to resist
apprehension for purposes of impoundment.
C. Unless otherwise designated, a first violation of this
title is a civil infraction with a penalty not to exceed one
hundred thirty dollars, exclusive of any statutory assessments.
Unless otherwise designated, a second violation of this title
within one year is a civil infraction with a penalty not to
exceed two hundred fifty dollars, exclusive of any statutory
assessments. A third violation of this title within a one-year
period or any violation of Sections 6.28.020 or 6.28.030, or
subsection B of this section shall be designated a misdemeanor,
punishable by imprisonment in the county jail for a maximum term
fixed by the court of not more than ninety days, or by a fine in
an amount fixed by the court of not more than one thousand
dollars, 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 (D)
of this section.
D. 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.
E. If any provision of this chapter or its application to
any person or circumstance is held invalid, the remainder of the
act or the application of the provision to other persons or
circumstances is not affected.
Chapter 6.44
LIVESTOCK, POULTRY
AND EXOTIC ANIMALS
Sections:
6.44.010 Compliance required.
6.44.020 Livestock and poultry – Permitted where.
6.44.030 Wild, Exotic or Non-Domesticated Animals
6.44.010 Compliance required.
It is unlawful
for any person or persons to keep or maintain any livestock or
poultry within the city limits except as provided in Chapter 17.58
CMC, Livestock and Poultry. For the purposes of this chapter the
terms “livestock” and “poultry” shall be as defined in Chapter
17.08 CMC, Definitions.
6.44.020 Livestock and poultry – Permitted where.
Livestock and poultry are
permitted within certain zoning districts as determined by CMC Title
17, Zoning.
6.44.030 Exotic, Wild or Non-Domesticated Animals
Exotic, wild or
non-domesticated animals are permitted within certain zoning
districts as determined by CMC Title 17, Zoning.
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