Title 6
ANIMALS
Chapters:
6.04 Animal Control
6.12 Repealed
6.16 Repealed
6.18 Livestock and Poultry
6.20 Animals Running at Large – City Pound
6.24 Feeding, Hitching and Driving Animals
6.28 Repealed
Chapter 6.04
ANIMAL CONTROL
Sections:
Article I. General Provisions
6.04.010 Definitions.
6.04.020 Enforcement – Authority.
6.04.030 Animal shelter – Humane officer
duties.
Article II. Licensing
6.04.040 Animal licenses
– Generally.
6.04.050 Pet kennel licenses.
6.04.060 Guard or attack dog license.
6.04.070 License fees.
Article III. Rabies Control
6.04.080 Current
vaccination required.
6.04.090 Revaccination – Biting – confinement.
6.04.100 Quarantine requirements.
6.04.110 Quarantine – Diagnosis.
6.04.120 Veterinarian report.
6.04.130 Emergency authority.
Article IV. Detainment and Disposal
6.04.140 Release –
Payment of fees.
6.04.150 Notice of detention.
6.04.160 Proof of ownership.
6.04.170 Discretion to dispose.
6.04.180 Failure to claim – Disposal.
6.04.190 Boarding fee – When charged.
6.04.200 Suspicion of rabies – Detention
authority.
6.04.210 Abstaining possession – Administrative
fee charged.
Article V. Adoption
6.04.220 Animals deemed
property – When.
6.04.230 Warranty.
6.04.240 Licensing upon adoption required.
6.04.250 Fee refund.
6.04.260 Designation of responsibility.
6.04.270 Disposal – Discretion.
Article VI. Nuisances
6.04.280 Declared.
6.04.290 Impoundment.
6.04.300 Notice and redemption.
6.04.310 Destruction or other disposition –
Notice.
6.04.320 Denial of redemption.
6.04.330 Destruction by officer – Authority
when.
Article VII. Offenses
6.04.340 Offenses
relating to licensing.
6.04.350 Offenses relating to the sale of
animals.
6.04.360 Offenses relating to safety and
sanitation.
6.04.370 Offenses relating to cruelty.
6.04.380 Offenses relating to control.
Article VIII. Dangerous or Vicious
Animals
6.04.390 Ownership
unlawful – Exception.
6.04.401 Dangerous animal or potentially
dangerous dog – Determination.
6.04.402 Dangerous animals, dangerous dogs and
potentially dangerous dogs – Registration required.
6.04.403 Requirements for restraint.
6.04.404 Dangerous animal or dangerous dog –
Detention.
6.04.405 Potentially dangerous dogs –
Detention.
6.04.406 Appeal of animal control authority
determinations.
6.04.407 Registration fee.
Article IX. Notice
6.04.410 Initiation of
violation.
6.04.420 Authority to issue humane infraction.
6.04.430 Service of notice.
6.04.440 Contents.
6.04.450 Response to notice.
Article X. Violation – Penalty
6.04.460 Violations –
Penalties.
6.04.470 Violation – Maximum penalties.
Article I. General Provisions
6.04.010 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 Wenatchee Valley Humane Society’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. “City” means the city of
Cashmere.
E. “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.
F. “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.
G. “Department” means the
department of the humane society and animal shelter.
H. “Detained” means to apprehend
and/or keep an animal in custody.
I. “Director” means the director of
the Wenatchee Valley Humane Society.
J. “Humane manner” means adopted or
euthanized by an overdose of sodium phenobarbital.
K. “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.
L. “Harboring” means allowing any
animal to remain, be lodged, fed or sheltered, for more
than 24 hours, on property one owns, occupies or controls.
M. “Holding period” means 72 hours,
commencing at 1:00 a.m. following the date of detainment
of any animal, excluding any day the Wenatchee Animal
Shelter or other facility for detaining is not open to the
public.
N. “Humane officer” means any
employee of the humane society.
O. “Humane society” 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.
P. “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.
Q. “Permit” means human conduct in
relation to an owned animal which is intentional,
deliberate, careless, inadvertent or negligent.
R. “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.
S. “Trespassing” means an animal
which enters upon property owned by another without the
authorization of the lawful occupant.
T. “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. (Ord. 1024 § 1, 2002; Ord. 686 § 1,
1985).
6.04.020 Enforcement –
Authority.
The city may contract with a
qualified entity to perform the services of the humane
society. Said humane society 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 humane society, 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.
(Ord. 686 § 2, 1985).
6.04.030 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. (Ord. 686 § 3, 1985).
Article II. Licensing
6.04.040 Animal licenses
– Generally.
The following animal licenses shall
be required: dog licenses, pet kennel 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 shelter and shall be
accompanied by the fee set by the animal shelter or city
ordinance 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. Licenses for the year
1993 presently scheduled to expire December 31, 1993,
shall be valid through February 28, 1994. (Ord. 819 § 1,
1993; Ord. 794 § 2, 1992; Ord. 686 § 4, 1985).
6.04.050 Pet kennel
licenses.
No person shall keep more than
three animals which are over four months of age on any
premises in the city without having a pet kennel license
for each of the premises at which the animals are kept.
The director shall issue a pet kennel license only after
it has been determined that the proposed use is
consistent with the Cashmere zoning code as now existing
and as hereafter amended and the director of public health
has determined that the premises proposed to be licensed
are sanitary and that its use as a kennel is consistent
with public health, safety, and welfare and in conformity
with other health department rules and regulations. (Ord.
686 § 5, 1985).
6.04.060 Guard or attack
dog license.
No person shall use a guard dog or
attack dog without first obtaining a guard or attack dog
license therefor. The 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. (Ord. 686 § 6, 1985).
6.04.070 License fees.
The city of Cashmere hereby adopts
those animal license fees and other animal control fees as
set forth in the “City of Cashmere General Information
Utility Regulations and Rates” booklet adopted by
Resolution 11-94, as amended to this date and as amended
hereafter by resolution of the city council. (Ord. 962
§ 1, 2000; Ord. 827 § 1, 1994; Ord. 794 § 1, 1992; Ord.
686 § 18, 1985).
Article III. Rabies Control
6.04.080 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. (Ord.
686 § 17(a), 1985).
6.04.090 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 within every three
years thereafter. Any dog, cat or other animal that has
bitten any person shall be immediately confined for a
period of 10 days. No animal under confinement shall be
released from confinement until such release has been
approved by the animal control officer. (Ord. 686 § 17(b),
1985).
6.04.100 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 article. 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 wilfully
refuses to produce the animal upon such demand. Such
persons shall be taken before the judge of the municipal
court who may order immediate production of the animal. If
the owner wilfully 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 article. (Ord. 686 § 17(c),
1985).
6.04.110 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. (Ord. 686
§ 17(d), 1985).
6.04.120 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. (Ord. 686 § 17(e), 1985).
6.04.130 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. (Ord. 686 §
17(f), 1985).
Article IV. Detainment and Disposal
6.04.140 Release –
Payment of fees.
No detained animal shall be
released to the owner until all applicable fees assessed
by the humane society are paid. (Ord. 686 § 9(a), 1985).
6.04.150 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. (Ord. 686 § 9(b), 1985).
6.04.160 Proof of
ownership.
Anyone claiming a detained animal
must prove ownership to the satisfaction of the director
before redeeming the animal. (Ord. 686 § 9(c), 1985).
6.04.170 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. (Ord. 686 § 9(d), 1985).
6.04.180 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.
(Ord. 686 § 9(e), 1985).
6.04.190 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.
(Ord. 686 § 9(f), 1985).
6.04.200 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. (Ord. 686 § 9(g), 1985).
6.04.210 Abstaining
possession – Administrative fee charged.
An administrative fee shall be paid
by any person claiming an abstaining possession of any
animal detained by the humane society. (Ord. 686 § 9(h),
1985).
Article V. Adoption
6.04.220 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 humane society and animal shelter. (Ord. 686 § 10,
1985).
6.04.230 Warranty.
No warranty, express or implied,
shall be made with respect to any animal adopted. (Ord.
686 § 10(b), 1985).
6.04.240 Licensing upon
adoption required.
All dogs adopted from the Wenatchee
Valley Humane Society Animal Shelter, regardless of age,
must be licensed. (Ord. 686 § 10(c), 1985).
6.04.250 Fee refund.
Dog license fees may be refunded to
any adoptive owner, provided the animal is returned to the
animal shelter within eight days of the day of adoption,
accompanied by a written request for the refund and
documentation from a licensed veterinarian certifying that
the animal was diseased or ill at the time of adoption.
(Ord. 686 § 10(d), 1985).
6.04.260 Designation of
responsibility.
The humane society and animal
shelter, or other agency with whom the city may contract
to assume the responsibility of impounding of animals,
shall assume all responsibility for and liability for
animals held and/or adopted out as between the city and
said contracting agency. (Ord. 686 § 10(e), 1985).
6.04.270 Disposal –
Discretion.
Any animal detained by or
surrendered to the department and not redeemed shall be
disposed of in a humane manner or, at the discretion of
the director, may be held for a longer period to allow
adoption. (Ord. 686 § 10(a), 1985).
Article VI. Nuisances
6.04.280 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 of another 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. (Ord. 686 § 16(a),
1985).
6.04.290 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 of Chelan County and impounded at the
animal shelter of the Wenatchee Valley Humane Society 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. (Ord. 686 § 16(b), 1985).
6.04.300 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 6.04.310, the
owner may redeem such dog during impoundment by payment to
the Wenatchee Valley Humane Society of an impoundment fee
of $5.00, plus the standard posted boarding fee, plus the
cost of any reasonably necessary veterinarian expense
incurred during the period of impoundment. (Ord. 686 §
16(c), 1985).
6.04.310 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. (Ord. 686 § 16(d)(1), 1985).
6.04.320 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. (Ord. 686 §
16(d)(2), 1985).
6.04.330 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 or which
he 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. (Ord.
686 § 16(d)(3), 1985).
Article VII. Offenses
6.04.340 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.
(Ord. 686 § 7, 1985).
6.04.350 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. (Ord. 686 § 8, 1985).
6.04.360 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 on public property 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).
6.04.370 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. (Ord. 686 § 12, 1985).
6.04.380 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 or school ground;
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. (Ord. 686 § 13, 1985).
Article VIII. Dangerous or Vicious
Animals
6.04.390 Ownership
unlawful – Exception.
It is unlawful to own a vicious
animal other than a licensed guard or attack dog. (Ord.
686 § 14, 1985).
6.04.401 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 6.04.010(E).
B. The animal control authority may
determine that a dog is a dangerous dog or a potentially
dangerous dog, as defined in CMC 6.04.010. (Ord. 1024 § 2,
2002; Ord. 686 § 15, 1985).
6.04.402 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
of at least $50,000, 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 of at least $50,000 which
specifically provides coverage for any and all personal
injuries inflicted by the animal.
C. A certificate of registration to
harbor a potentially dangerous dog or a dangerous dog
shall be issued by the animal control authority only upon
receiving sufficient evidence that:
1.There is a secure enclosure on
the premises which, during any absence of the owner or
keeper, will safely confine the dog.
2.The premises are posted with
clearly visible warning signs stating that a dangerous dog
is on the property and which display a conspicuous symbol
informing and warning children of the presence of a
dangerous dog. (Ord. 1024 § 2, 2002; Ord. 686 § 15, 1985).
6.04.403 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. (Ord. 1024 § 2, 2002; Ord. 686 § 15,
1985).
6.04.404 Dangerous
animal or dangerous dog – Detention.
A dangerous animal 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 6.04.403.
(Ord. 1024 § 2, 2002; Ord. 686 § 15, 1985).
6.04.405 Potentially
dangerous dogs – Detention.
Any potentially dangerous dog may
be immediately detained by an animal control officer if:
A. No certificate of registration
has been issued for the dog;
B. The owner has failed to comply
with any condition of a certificate of registration; or
C. The dog is outside a secure
enclosure without the restraints required by CMC 6.04.403.
(Ord. 1024 § 2, 2002; Ord. 686 § 15, 1985).
6.04.406 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 Cashmere municipal court.
1.A written appeal shall be filed
with the clerk of the municipal 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
municipal court for the animal’s return, subject to
court-imposed conditions.
1.A written petition shall be filed
with the clerk of the municipal 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 municipal 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 municipal court determines
that the animal should be returned to the owner or keeper,
the municipal 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 municipal court’s determination.
If the petitioner(s) fails to pay such costs, the bond
shall be forfeited and the animal authority may destroy
the animal or find a responsible person or agency to adopt
the animal. (Ord. 1024 § 2, 2002; Ord. 686 § 15, 1985).
6.04.407 Registration
fee.
The city shall charge an annual
registration fee of $75.00, in addition to regular dog
licensing fees, to register a dangerous animal,
dangerous dog, or potentially dangerous dog. (Ord. 1024
§ 2, 2002; Ord. 686 § 15, 1985).
Article IX. Notice
6.04.410 Initiation of
violation.
Violations of this chapter shall be
initiated by the issuance, service and filing of a notice
of humane infraction. (Ord. 686 § 19, 1985).
6.04.420 Authority to
issue humane infraction.
Only those persons authorized by
CMC 6.04.020 may issue a notice of humane infraction.
(Ord. 686 § 20, 1985).
6.04.430 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. (Ord. 686 § 21, 1985).
6.04.440 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. (Ord. 686 § 22, 1985).
6.04.450 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
Cashmere municipal court to admit the infraction and
explain the circumstances or to contest the determination
that the infraction occurred. (Ord. 686 § 24, 1985).
Article X. Violation – Penalty
6.04.460 Violations –
Penalties.
A.It shall be unlawful for any
person owning or possessing an animal to knowingly
permit it to be a nuisance.
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. Any violation of this chapter,
except as provided in subsection (D) of this section,
shall be a civil infraction and shall be punished by a
civil penalty of not less than $100.00 per violation nor
more than $250.00 per violation.
D. Notwithstanding the provision of
subsection (C) of this section, any person violating
Article VIII of this chapter related to dangerous or
vicious animals (CMC 6.04.390 through 6.04.407) shall be
guilty of a misdemeanor and shall be punished by a fine
not to exceed $250.00 per violation or by imprisonment
for not more than 90 days, unless Washington State law
provides for a greater degree of offense or greater
penalty in which case Washington State law shall control.
(RCW 16.08.100.) (Ord. 1061 § 1, 2005; Ord. 1057 § 1,
2005; Ord. 686 § 16(e), 1985).
6.04.470 Violation –
Maximum penalties.
Failure to comply with the
following provisions shall subject the violator to the
following maximum penalties:
A. No dog license: first offense,
$30.00, subsequent offenses within 12 months, $50.00;
B. No kennel license: $50.00;
C. Failure to confine biting
animal: first offense, $50.00, each additional offense,
$200.00;
D. Refusal or failure to produce
rabid animal: $500.00;
E. Dogs running at large: first
offense, $30.00, second offense, $50.00, each subsequent
offense after the second, $100.00;
F. Keeping a vicious animal: first
offense, $50.00, second offense, $100.00;
G. Dog’s prohibited acts: first
offense, $30.00, second offense, $50.00, each subsequent
offense after the second, $100.00;
H. Failure to contain a female dog
in heat: first offense, $50.00, each offense thereafter,
$100.00;
I. Interference with an animal
control officer while performing his duties as specified
in this chapter, $100.00;
J. Any violation not described in
this section but which is made a violation by this
chapter shall be $100.00 for the first violation and
$200.00 for each subsequent violation of the same
provision. (Ord. 1057 § 1, 2005; Ord. 686 § 25, 1985).
Chapter 6.12
FOWL
(Repealed by Ord. 1000)
Chapter 6.16
LIVESTOCK
(Repealed by Ord. 1000)
Chapter 6.18
LIVESTOCK AND POULTRY
Sections:
6.18.010 Compliance
required.
6.18.020 Livestock and poultry – Permitted
where.
6.18.030 Criteria.
6.18.010 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 this chapter.
For the purposes of this chapter the terms “livestock” and
“poultry” shall be as defined in Chapter 17.08 CMC,
Definitions. (Ord. 1000 § 3, 2001).
6.18.020 Livestock and
poultry – Permitted where.
Livestock and poultry are permitted
within different zoning districts as determined by CMC
Title 17, Zoning, provided the property ownership is at
least one contiguous acre in size or greater and the other
provisions of this chapter are met. (Ord. 1000 § 3, 2001).
6.18.030 Criteria.
The following minimum criteria
shall be met where keeping of livestock and poultry are
permitted by the zoning district, and provided the
property ownership is at least one contiguous acre in
size or greater:
A. The minimum pasture area
maintained for each animal shall be as listed below:
1.One-half acre per each horse,
pony, mule, cow and/or other similar size animal, except
animals under one year of age shall be exempt from this
requirement;
2.One-quarter acre per each sheep,
goat or other similar size animal, except animals under
one year of age shall be exempt from this requirement;
3.Twelve poultry per acre. Poultry
may include any combination of chickens, ducks, geese,
rabbits and similar type animals, except poultry under
three months of age are exempt from this requirement;
4.One acre per each swine. When located within an urban
growth area no more than three swine are permitted per
property ownership. Swine under three months of age are
exempt.Example: The minimum
land area required for one sheep and one horse shall be
one acre, with three-quarters of an acre maintained in
pasture as described below.
B. The property shall be maintained
in a clean, sanitary condition so as to be free from
offensive odors, fly breeding, dust and general nuisances
and shall be in compliance with health district
regulations.
C. All livestock and poultry shall
be kept in enclosures so constructed and maintained as to
prevent the livestock from breaking through, out, or over
the same and roaming at large through the city.
D. Adequate measures shall be taken
to properly dispose of animal waste. Accumulations of
animal waste shall be prohibited from being stored closer
than 100 feet from any off-premises dwelling and/or any
domestic or irrigation wells, and all accumulations of
manure or refuse shall not be stored in excess of one
week. Accumulated waste shall be prohibited within 200
feet of any domestic or irrigation well. Furthermore, all
animals kept within the city shall be kept in a humane
fashion and shall not create a noxious, foul or offensive
condition.
E. Barns, shelters or other
buildings or structures for the keeping or feeding of
cattle, horses, goats, sheep, poultry or swine or other
similar shelters for animals or birds shall be located a
minimum of 100 feet from any off-premises residential
dwelling.
F. Pastures are defined as that
area which is enclosed within a perimeter fence, and shall
not include that portion of the property used for
residential purposes. Pasture areas shall be maintained
with a permanent, uniform vegetative top cover and shall
be kept free of noxious weeds.
G. Any future division of property
must comply with the minimum standards above. The minimum
pasture area and condition requirements must be met by
each additional individual lot or parcel, including the
original parcel of record, in order to maintain livestock
or poultry on the property.
H. Exotic or unique animals shall
be classified within one of the above categories
according to similar size, weight, or type of animal, as
determined by the director, and subject to the applicable
regulations. (Ord. 1000 § 3, 2001).
Chapter 6.20
ANIMALS RUNNING AT LARGE – CITY POUND
Sections:
6.20.010 – Repealed
6.20.050 Repealed.
6.20.055 Animal control contract.
6.20.060 – Repealed
6.20.070 - Repealed
6.20.080 Repealed.
6.20.010 Pound
established.
Repealed by Ord. 802. (Ord.
29 § 1, 1905; Ord. 17 § 1, 1905).
6.20.020 Animals running
at large prohibited.
Repealed by Ord. 802. (Ord.
21 § 1, 1905).
6.20.030 Poundmaster’s
duties – Fees.
Repealed by Ord. 802. (Ord.
21 § 2, 1905).
6.20.040 Notice – Sale
of impounded animal when – Records.
Repealed by Ord. 802. (Ord.
21 § 3, 1905).
6.20.050 Redemption of
impounded animal – Payment of charges.
Repealed by Ord. 802. (Ord.
21 § 4, 1905).
6.20.055 Animal control
contract.
The city council of the city may at
any time contract for animal control. The terms for
holding impounded animals and for the fees for such
impounding shall be established by contract with the
contracting agency. (Ord. 650 § 1, 1983).
6.20.060 Surplus from
sale claimed by owner.
Repealed by Ord. 802. (Ord.
21 § 5, 1905).
6.20.070 Redemption of
animal after sale – Charges.
Repealed by Ord. 802. (Ord.
21 § 6, 1905).
6.20.080 Poundmaster’s
compensation for additional services.
Repealed by Ord. 802. (Ord.
21 § 7, 1905).
Chapter 6.24
FEEDING, HITCHING AND DRIVING ANIMALS
Sections:
6.24.010 Leaving animal
unsecured prohibited.
6.24.020 Hitching prohibited when – Abuse
unlawful.
6.24.030 Securing animals required when.
6.24.040 Hitching prohibitions.
6.24.050 Feeding or grazing on streets
prohibited.
6.24.010 Leaving animal
unsecured prohibited.
It is unlawful for any person to
leave any horse, mule, or any other animal attached to any
vehicle or conveyance in any unenclosed place without
being securely fastened or guarded. (Ord. 91 § 23, 1913).
6.24.020 Hitching
prohibited when – Abuse unlawful.
No person shall hitch any animal to
any post or pole used to support any awning, stairway,
lamp, sign, or overhead structure in any street or alley;
or leave such animal hitched in any public or open place
for more than five hours without feed or water; or leave
the same exposed to any inclement storm; or to cruelly
beat, whip, stone, or abuse any animal within the city; or
leave such animal, whether fastened to any vehicle or
otherwise, in any of the highways of the city without
securely fastening such animal; or lead, ride, or drive
any horse or other such animal upon any sidewalk. (Ord. 91
§ 40, 1913).
6.24.030 Securing
animals required when.
It is unlawful for any person to
leave any horse, mule, or other animal attached to any
vehicle or conveyance in any public place without being
securely fastened or guarded. (Ord. 91 § 49, 1913).
6.24.040 Hitching
prohibitions.
It is unlawful for any person or
persons to hitch any horse or horses or other animals to
any of the telephone poles, electric
light poles, trees, shrubbery, ornamental bush, or fence
along the streets of the city or to so hitch or leave such
horse or horses or other animals so that they can injure the
curb of any sidewalk or destroy the grass, shrubbery, or
other plant or thing growing in any parking strip along any
such street. (Ord. 91 § 62, 1913).
6.24.050 Feeding or
grazing on streets prohibited.
It is unlawful for any person or
persons to picket, pasture, or fasten upon any of the
streets or alleys of the city any horse, mule, cow, or any
other animal or animals for the purpose of feeding or
grazing thereon. (Ord. 91 § 64, 1913).
Chapter 6.28
INJURY, KILLING AND MISTREATMENT OF ANIMALS
(Repealed by Ord. 802)
For
provisions concerning the impoundment of animals running
at large, see Chapter 6.20 CMC; for fowl running at
large, see Chapter 6.12 CMC.
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