HomeMy WebLinkAboutOrdinances - 2010-14 - Amending EWMC Chapter 6.04 related to animal control - 8/24/2010City of East Wenatchee, Washington
Ordinance No. 2010-14
An Ordinance of the City of East Wenatchee, amending East Wenatchee
Municipal Code Chapter 6. 04, adding certain penalty provisions and amending
text, containing a severability clause, and establishing an effective date.
1. Recitals
a. Preamble. The City of East Wenatchee ("City'') is a non-charter code City duly
incorporated and operating under the laws of the State of Washington; and
b. The City Council of East Wenatchee ("City Council") finds that it is in the best
interests of the City and its citizens to amend its animal control ordinance increase
the monetary penalty for offenses related to safety and sanitation, increase the
monetary penalty for offenses related to control, increase the monetary penalty for
failure to obtain a special permit to keep a dangerous animal, and change the
penalty for failing to register a dangerous animal from a civil infraction to a
misdemeanor.
2. Authority.
a. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
Section 1:
Section 2:
Purpose. The purpose of this ordinance is to amend the City's animal control
laws.
Amendment. The City Council amends the following sections ofEast Wenatchee
Municipal Code Chapter 6. 04 to read:
6.04.020 Enforcement.
If feasible, the City The city-shall, if at all feasible, will contract with a
qualified entity to perform the services of the humane society as set forth in this
chapter. Such humane society shall h~ve concurrent jurisdiction to supervise and
enforce the provisions of this chapter with the East Wenatchee police department.
Should the city fail to contract with a qualified entity to perfonn the services of
the humane society, the East Wenatchee police department will shall continue to
perform the services of supervision and enforcement. Wherever the tenn "humane
officer" is used in this chapter, the same shall-also appliesy to the East Wenatchee
police department, thereby giving the police department enforcement authority.
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6.04.030 Animal shelter.
There shall be an animal shelter for detaining animals and facilities for
humane disposal of animals. No animal at this animal shelter may 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 may
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.
Upon impounding any animalJ+he humane officer must 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 the animal is
licensed, the humane officer must he_shall-enter the name of the owner, theand
address of the owner,_ and the number of the license tab.
6.04.040 Animal licenses generally.
The following animal licenses areshall be required: dog licenses, pet
kennel licenses, and dangerous animal licenses. The licenses are not 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 established
pursuant to city ordinance or resolution along with 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 "East Wenatchee," a
number corresponding to the license and the license expiration date shall
accompany each license issued. The licenses shall be issued for a 12-month
period. 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 on December 1st of
each year for the following year and must be purchased on or before January 15th
of each year. License fees for dangerous animal licenses shall be as established by
the director following the hearing set forth in EWMC 6.04.140, but shall not
exceed $200. 00 per year per animal.
6.04.070 Offenses relating to licensing.
It is unlavlful for the ovmer of an animal to:
A. It is unlawful for the owner of an animal to:
---1. Fail to obtain the license required by the animal control fee
ordinance.:.
A.. 2. fhFail to display, conspicuously, a license identification tag
City of East Wenatchee
2010-14 Ordinance
on the licensed animal; __ _
3. Fail to show the license upon request of any animal control
officer or police officer. (Ord. 342 § 8, 1982)
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B. Any violation of this section is a civil infraction punishable by a
fine of up to $75.00 for the first infraction and a fine of up to $150.00 for any
subsequent infraction by the same person.
6.04.080 Offenses relating to sale of animals.
A. /\... For the purpose of consumer protection it is unlawful to:
1. -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;
___ 2_. __ Sell any animal known to be vicious.
B. Any violation of this section is a misdemeanor as defined in
EWMC 1.20.010
6.04.090 Detainment and disposal.
A. The humane society will not release a NB-detained animal shall be
released to the owner until all applicable fees assessed by the humane society are
paid;
B. The director shall-ascertain§. whether any detained animal is currently
licensed. If a detained animal is licensed, the director must and if so shall notify
the licensee in writing by letter that such animal has been detained and may be
redeemed upon payment of applicable fees;
C. Anyone claiming a detained animal must prove ownership to the
satisfaction of the director before redeeming the animal;
D. The humane society does not need to detain i±njured, diseased or wild
animals need not be detained for the holding period. The humane society may
but may be disposed of said animals in a humane manner at any time at the
discretion of the director;
E. Any animal Vlhich 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;
F.B-.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;
G. The director of public health may direct the detention of animals
suspected of having rabies. These animals will shall-be held until fftt'H-F-.:i::ett~~
approved by the director of public health approves their release -and until all
applicable fees are paid;
H. An administrative fee shall be paid by any person claiming an
abstaining possession of an animal detained by the humane society .
. 6.04.100 Adoption.
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Strays and abandoned animals, .Efollowing the holding period, stray
animals, abandoned animals, and animals voluntarily surrendered to the director
shall-become the property of the humane society and the animal shelter.
A. Any animal detained 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;
B. No warranty, express or implied, shall be made with respect to any
animal adopted;
C. All dogs adopted from the Wenatchee Valley Humane Society Animal
Shelter regardless of age must be licensed;
D. Dog license fees may be refunded to any adopter if providing 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;
E. The humane society and animal shelter or other agency with whom the
city may contract to assume the responsibility for impounding of animals shall
assume§. all responsibility for and liability for animals held and/or adopted out as
between the city and the contracting authority.
6.04.110 Offenses relating to safety and sanitation.
A. -It is unlawful for an owner to:
-h-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;
2. Fail to remove from public property 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;
3. -G-:Fail to have in his or her possession the equipment
necessary to remove his or her animal fecal matter when accompanied by
such animal on public property or on a public easement;
4. -1*-Have possession or control of any animal sick or
afflicted with any infections or contagious diseases 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.
B. Any violation of this section is a civil infraction punishable by a
fine of up to $250.00 for the first infraction and a fine of up to $500-8-0.00 for any
subsequent infraction by the same person.
6.04.120 Cruelty to animals.
A. By reference, the city adopts the following state statutes, including
all future amendments:
RCW
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9. 08. 065 Definitions.
9.08.070 Pet animals -Taking, concealing, injuring, killing, etc. Penalty.
9.08.072 Transferring stolen pet animal to a research institution -Penalty.
9.91.170 Interfering with dog guide or service animal.
16.52.011 Definitions -Principles ofliability.
16.52.080 Transporting or confining in unsafe manner -Penalty.
16.52.090 Docking horses-Misdemeanor.
16.52.095 Cutting ears-Misdemeanor.
16.52.110 Old or diseased animals at large.
16.52.165 Punishment -Conviction of misdemeanor.
16.52.180 Limitations on application of chapter.
16.52.185 Exclusions from chapter.
16.52.190 Poisoning animals -Penalty.
16.52.193 Poisoning animals -Strychnine sales -Records -Report on
suspected purchases.
16.52.200 Sentences -Forfeiture of animals -Liability for costs -Civil
penalty Education, counseling.
16.52.207 Animal cruelty in the second degree.
16.52.210 Destruction of animal by law enforcement officer-Immunity
from liability.
16.52.220 Transfers of mammals for research -Certification requirements -
Pet animals.
16.52.225 Nonambulatory livestock -Transporting or accepting delivery -
Gross misdemeanor -Definition.
16.52.230 Remedies not impaired.
16.52.300 Dogs or cats used as bait -Seizure-Limitation.
16.52.305 Unlawful use of hook-Gross misdemeanor~-;-
B. Except as otherwise provides in this section, any violation of this
section is a misdemeanor as defined in EWMC 1.20.010
6.04.130 Offenses relating to control.
A. It is unlawful for any owner to:
______ !_. __ &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;
_____ _..;..2c.:_. --~-Permit any dog to enter any public fountain or school
ground;
______ 3_. __ ~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;
4. --I+.-Permit any animal to (1) damage public property or the
private property of another, or (2) habitually bark, whine or howl, or make
other oral noises in such a manner as to unreasonably disturb any person,
or (3) spread or spill garbage;
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_____ .......;5::....::. __ &.Permit any animal to trespass upon the property of
another;
______ 6:::...:. __ ~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
notifies 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;
_____ __;7:_:.. __ Q-;-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. 88-
16 § 1, 1988; Ord. 342 § 14, 1982)
B. Any violation of this section is a civil infraction punishable by a
fine of up to $2501§-.00 for the first infraction and a fine of up to $500-8-0.00 for
any subsequent infraction by the same person.
6.04.140 Dangerous animal.
A. -It is unlawful for any person to procure or keep a dangerous
animal without the prior approval of the director, granted following a hearing to
detennine that the animal will be adequately controlled to protect the health and
safety of humans and of other animals; provided, this prohibition shall not apply
to any facility processing or maintaining dangerous animals which is owned,
operated or maintained by any city, county, state or federal agency, nor does it
apply to a properly licensed veterinarian hospital where a dangerous animal may
be confined temporarily for treatment. The director may authorize a special pennit
not to exceed 30 days for the keeping of a dangerous animal for shows or special
exhibits.
B. Any violation of this section is a civil infraction punishable by a
fine of up to $2501§-.00 for the first infraction and a fine of up to $500-1--W.OO for
any subsequent infraction by the same person.
-6.04.175_ Groundhogs.
-A. It is unlawful to tease, catch, touch, or feed any groundhog in the city.
B. This section shall not apply to the action of a person taken to protect
private property or to removal of groundhogs from city or other property as
authorized by the city.
C. Anv violation of this section is a civil infraction punishable by a fine of
up to $75.00 for the first infraction and a fine of up to $150.00 for any subsequent
infraction by the same person.
6.04.230Violation-Penalty.
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B.Violation of E'.Vl\1C 6.04 .175 shall be a civil infraction punishable by a fine of
up to $75.00 fur the first infraction and a fine ofup to $150.00 for any subsequent
infraction by the same person.
Except as otherwise set forth in this section or in another specific
provision of this chapter, failure to comply with any provision of this chapter shall
subject the violator to a maximum monetary civil penalty of$22GO.OO for the first
offense and a maximum monetary civil penalty of$500.00 for each subsequent
offense!_ committed Vlithin a 12 month period.
6.04.240 Dangerous dogs and potentially dangerous dogs -Registration
required.
A. It is unlawful for an owner to have a dangerous dog or potentially
dangerous dog in the city without a certificate ofregistration issued under this
section. This prohibition shall not apply to police dogs as defined in RCW
4.24.410, as the same exists or may hereafter be amended.
B. The animal control authority of the city shall issue a certificate of
registration to the owner of a dangerous dog ifthe owner presents to the animal
control authority sufficient evidence of:
1. A secure enclosure to confine the dangerous dog and the posting
of the premises with a clearly visible warning sign that there is a
dangerous dog on the property;
2. The owner shall conspicuously display a sign on the premises
with a warning symbol that informs children of the presence of a
dangerous dog; and
3. A surety bond issued by a surety insurer qualified under Chapter
48.28 RCW in a form acceptable to the animal control authority in the sum
of at least $250,000 payable to any person injured by the dangerous dog or
a policy ofliability insurance issued by an insurer qualified under RCW
Title 48 in the amount of at least $250,000 insuring the owner for any
personal injuries inflicted by the dangerous dog.
C. The animal control authority of the city shall issue a certificate of
registration to the owner of a potentially dangerous dog ifthe owner presents to
the animal control authority sufficient evidence of:
1. A secure enclosure or back yard chain run that safely confmes
the dog when the owner is absent;
2. The posting of the premises with a clearly visible warning sign
that there is a potentially dangerous dog on the property.
D. The city will charge an annual fee as established by city resolution, in
addition to regular dog licensing fees, to register a dangerous dog or a potentially
dangerous dog.
E. Any violation of this section is a misdemeanor as defined by EWMC
1.20.010.
City of East Wenatchee
2010-14 Ordinance
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Section 3: Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance.
Section 4: Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The smmnary shall consist of the title of this Ordinance
Section 5: Effective Date. This Ordinance becomes effective five days after the date its
smmnary is published.
Passxd by the City Council of East Wenatchee, at a regular meeting thereof on this~
day of ~ , 2010.
CITY OF EAST WENATCHEE,
WASHINGTON
By~~L-.!d!:__-=--....._--"~~-1-.,__~~-
Stev
ATTEST:
Dana Barnard, City Clerk
A~=t~
Devin Poulson, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
City of East Wenatchee
2010-14 Ordinance
08/06110
b8/~lf /i D
c8 /!i; I ID
09/D1/JD
I
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Summary of Ordinance No. 2010-14
Of the City of East Wenatchee, Washington
On the~ day of 41~ , 2010, the City Council of the City ofEast
Wenatchee, Washington approved onia11Ce No. 2010-14, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee, amending East Wenatchee
Municipal Code Chapter 6. 04, adding certain penalty provisions and amending
text, containing a severability clause, and establishing an effective date.
Upon request, the City will mail a full text of this Ordinance.
Dated this q if' day of ~, 2010.
CITY CLERK, DANA BARNARD
City of East Wenatchee
2010-14 Ordinance
Ordinance
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