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 micro-chip 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.