HomeMy WebLinkAboutOrdinance 2024-03, amending Title 6 of EWMCCity of East Wenatchee Ordinance 2024-03 and Exhibit A
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City of East Wenatchee, Washington
Ordinance No. 2024-03
An Ordinance of the City of East Wenatchee amending Title 6 of the EWMC to restrict the use and possession of exotic and wild animals, containing a severability clause, and establishing an effective date.
Una ordenanza de la ciudad de East Wenatchee que modifica el titulo 6 del código municipal de la ciudad de East Wenatchee para restringir el uso o posesión de animales exóticos, conteniendo una cláusula de divisibilidad y establece una fecha de vigencia.
1.Alternate format.
1.1. Para leer este documento en otro formato alternativo (español, Braille,leer en voz alta, etc.), comuníquese con la administradora municipal al alternatformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2.Authority. 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.
3.Purpose. The purpose of this ordinance is to amend EWMC Title 6, Animals, to restrict the use and possession of exotic and wild animals for the safety and protection of the residents of the City of East Wenatchee, and for the safety and protection of such animals.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
4.Amendments. The City Council amends EWMC Title 6 Animals as set forth in Exhibit A.
5.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.
6.Publication. The City Council directs the City Clerk to publish a summary of this Ordinance. The summary shall consist of the title of this Ordinance. The City Council directs the City Clerk to publish a copy of this Ordinance on the City’s website.
7.Effective Date. This Ordinance becomes effective five days following publication.
City of East Wenatchee Ordinance 2024-03 and Exhibit A
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Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 16th day of July, 2024
The City of East Wenatchee,
Washington
By _________________________________ Jerrilea Crawford, Mayor
Authenticated:
_____________________________________ Anna Laura Leon, City Clerk
Approved as to form only:
_____________________________________ City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date:
07-11-202407-16-202407-20-202407-25-2024
Jerrilea Crawford (Jul 31, 2024 12:06 PDT)
Jerrilea Crawford
City of East Wenatchee Ordinance 2024-03 and Exhibit A
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Summary of City of East Wenatchee, Washington Ordinance No. 2024-03
On the 16th day of July 2024, the City Council of the City of East Wenatchee,
Washington approved Ordinance No. 2024-03, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee amending Title 6 of
the EWMC to restrict the use and possession of exotic and wild
animals, containing a severability clause, and establishing an
effective date.
The full text of this Ordinance will be mailed upon request.
Dated this 16th day of July, 2024.
_____________________________
Anna Laura Leon, City Clerk
East Wenatchee Municipal Code
Title 6 ANIMALS
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The East Wenatchee Municipal Code is current through Ordinance 24-02, passed February 6, 2024.
Title 6
ANIMALS
Chapters:
6.01 Definitions
6.04 Animal Control
6.05 Exotic Animals
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East Wenatchee Municipal Code
Chapter 6.04 ANIMAL CONTROL
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The East Wenatchee Municipal Code is current through Ordinance 24-02, passed February 6, 2024.
Chapter 6.01
DEFINITIONS
6.01.010 Definitions.
As used in this chapter, except where a different meaning is plainly apparent from the context, the definitions set out
in this section apply:
“Administrative fee” means the charge levied by the humane society for apprehending an animal and placing it in its
custody.
“Alter” means to permanently render an animal incapable of reproduction for medical reasons, whether or not
surgically altered.
“Animal” means the vertebrate except Homo sapiens.
"Animal care and control agency" has the same meaning as stated in RCW 16.52.011, as it now appears or is
hereafter amended.
“Animal control authority” means as the same is defined in RCW 16.08.070, as the same exists now or may
hereafter be amended.
“Animal control officer” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter
be amended.
"Cause a performance" means to be responsible for a performance, to financially benefit as an owner or operator
from a performance, or to sponsor a performance.
“City” means the city of East Wenatchee.
“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.
“Dangerous dog” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be
amended.
“Department” means the department of the humane society and animal shelter.
“Detain” means to apprehend and/or keep an animal in custody.
“Director” means the director of the humane society.
“Disposed of in a humane manner” means adopted or euthanized by an overdose of sodium phenobarbital.
“Domestic animal" means any animal that is normally maintained as a companion or pet animal in or near the
household of the owner or person who cares for the animal, such as a domestic dog (including a service dog),
domestic cat, ferret, gerbil, horse, mouse, rat, guinea pig, rabbit, or hamster, but does not include any exotic animal
or wild animal.
"Environmental education program" means a program, which may include animal exhibition, that is professionally
designed to impart knowledge or information for educational or conservation purposes about that animal's natural
behavior, habitat, life cycle, or similar pedagogical information, conducted by an individual qualified to impart such
information, which does not include any performance of behavior that does not naturally occur for that animal in the
wild state
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Chapter 6.04 ANIMAL CONTROL
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The East Wenatchee Municipal Code is current through Ordinance 24-02, passed February 6, 2024.
"Equine activity" has the same meaning as stated in RCW 4.24.530, as it now appears or is hereafter amended.
"Exotic animal", "wild animal", "Exotic and wild animal", and "exotic or wild animal" mean any animal that is not a
domestic animal or farm animal, which is now or has historically been found in the wild or in the wild state, whether
wild-borne or captive-bred, and any hybrid of such an animal, including hybrid crosses with a domestic animal or
farm animal, including but not limited to animals such as:
(a) canidae (excepting domestic dogs);
(b) cetartiodactyla (excepting alpacas, bison, cattle, deer, elk, goats, llamas, reindeer, swine, and sheep);
(c) crocodilia;
(d) edentata;
(e) elasmobranchii;
(f) Elephantidae;
(g) felidae (excepting domestic cats);
(h) hyaenidae;
(i) marsupialia;
(j) mustelidae;
(k) nonhuman primate
(l) perissodactyla (excepting horses, donkeys, and mules);
(m) pinnipedia;
(n) procyonidae;
(o) ratites;
(p) serpentes (poisonous)
(q) spheniscidae;
(o) testudinidae;
(p) ursidae;
(q) varanidae; and
(r) viverridae.
“Farm animal" means alpacas, cattle, sheep, swine, goats, llamas, poultry, rabbits, bison, horses, mules, or donkeys.
The term does not include exotic animals or wild animals.
“Harboring” means allowing any animal to remain or be lodged, fed or sheltered on property one owns, occupies or
controls for more than 24 hours.
“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.
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East Wenatchee Municipal Code
Chapter 6.04 ANIMAL CONTROL
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The East Wenatchee Municipal Code is current through Ordinance 24-02, passed February 6, 2024.
“Humane officer” means any employee of the humane society or the East Wenatchee police department and shall
also mean any animal control officer.
“Humane society” means any organization, whether private or public, that the city may contract with for the control
of animals within the city limits and for the enforcement of this chapter and also means animal control authority.
"Mobile or traveling housing facility" means a transporting vehicle such as a truck, car, trailer, airplane, ship, or
railway car, used to transport or house animals while traveling to, from, or between locations for performance
purposes.
“Owner” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
"Performance" means any animal act, circus, ride, carnival, display, exhibition, fair, parade, petting zoo, race,
performance, or similar undertaking in which animals are required to perform tricks, give rides, or participate as
accompaniments for the entertainment, amusement, or benefit of an audience.
“Permit” means human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent
or negligent.
“Potentially dangerous dog” means as the same is defined in RCW 16.08.070, as the same exists now or may
hereafter be amended.
“Proper enclosure of a dangerous dog” means as the same is defined in RCW 16.08.070, as the same exists now or
may hereafter be amended.
“Severe injury” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be
amended.
"Traveling animal act" means any performance of animals where such animals are transported to, from, or between
locations for the purpose of such performance, in a mobile or traveling housing facility.
“Trespassing” means an animal which enters upon the property of another person without the authorization of the
lawful occupant. (Ord. 02-16 § 1, 2002; Ord. 367 § 4, 1984; Ord. 342 § 2, 1982)
Chapter 6.04
ANIMAL CONTROL
Sections:
6.04.010 Definitions.
6.04.020 Enforcement.
6.04.030 Animal shelter.
6.04.040 Animal licenses generally.
6.04.045 Guide and service dogs – Waiver of license fees.
6.04.050 Pet kennel licenses.
6.04.060 Repealed.
6.04.070 Offenses relating to licensing.
6.04.080 Offenses relating to sale of animals.
6.04.090 Detainment and disposal.
6.04.100 Adoption.
6.04.110 Offenses relating to safety and sanitation.
6.04.120 Cruelty to animals.
6.04.130 Offenses relating to control.
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The East Wenatchee Municipal Code is current through Ordinance 24-02, passed February 6, 2024.
6.04.140 Dangerous animal.
6.04.150 Nuisance.
6.04.160 Rabies control.
6.04.170 License fees.
6.04.175 Groundhogs.
6.04.180 Initiation of violation.
6.04.190 Authority to issue humane infraction.
6.04.200 Service of notice.
6.04.210 Contents.
6.04.220 Response to notice.
6.04.230 Violation – Penalty.
6.04.240 Dangerous dogs and potentially dangerous dogs – Registration required.
6.04.250 Dangerous dogs – Confiscation.
6.04.260 Dangerous dogs and potentially dangerous dogs – Dog bites, penalty and affirmative defenses.
6.04.270 Dangerous dogs or potentially dangerous dogs – Notification of declaration.
6.04.280 Appeal of animal control authority determination.
6.04.290 Appeal of animal control authority decision to confiscate or destroy.
6.04.010 Definitions.
As used in this chapter, except where a different meaning is plainly apparent from the context, the definitions set out
in this section apply:
“Administrative fee” means the charge levied by the humane society for apprehending an animal and placing it in its
custody.
“Alter” means to permanently render an animal incapable of reproduction for medical reasons, whether or not
surgically altered.
“Animal” means the vertebrate except Homo sapiens.
“Animal control authority” means as the same is defined in RCW 16.08.070, as the same exists now or may
hereafter be amended.
“Animal control officer” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter
be amended.
“City” means the city of East Wenatchee.
“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.
“Dangerous dog” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be
amended.
“Department” means the department of the humane society and animal shelter.
“Detain” means to apprehend and/or keep an animal in custody.
“Director” means the director of the humane society.
“Disposed of in a humane manner” means adopted or euthanized by an overdose of sodium phenobarbital.
“Harboring” means allowing any animal to remain or be lodged, fed or sheltered on property one owns, occupies or
controls for more than 24 hours.
“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.
East Wenatchee Municipal Code
Chapter 6.04 ANIMAL CONTROL
Page 6/16
The East Wenatchee Municipal Code is current through Ordinance 24-02, passed February 6, 2024.
“Humane officer” means any employee of the humane society or the East Wenatchee police department and shall
also mean any animal control officer.
“Humane society” means any organization, whether private or public, that the city may contract with for the control
of animals within the city limits and for the enforcement of this chapter and also means animal control authority.
“Owner” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be amended.
“Permit” means human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent
or negligent.
“Potentially dangerous dog” means as the same is defined in RCW 16.08.070, as the same exists now or may
hereafter be amended.
“Proper enclosure of a dangerous dog” means as the same is defined in RCW 16.08.070, as the same exists now or
may hereafter be amended.
“Severe injury” means as the same is defined in RCW 16.08.070, as the same exists now or may hereafter be
amended.
“Trespassing” means an animal which enters upon the property of another person without the authorization of the
lawful occupant. (Ord. 02-16 § 1, 2002; Ord. 367 § 4, 1984; Ord. 342 § 2, 1982)
6.04.020 Enforcement.
If feasible, the city will contract with a qualified entity to perform the services of the humane society as set forth in
this chapter. Such humane society has concurrent jurisdiction with the East Wenatchee Police Department to
supervise and enforce the provisions of this chapter title.with the East Wenatchee police department. Should the city
fail to contract with a qualified entity to perform the services of the humane society, the East Wenatchee police
department will is authorized to perform the services of supervision and enforcement. Wherever the term “humane
officer” is used in this chapter, the same also applies to the East Wenatchee police department, thereby giving the
police department enforcement authority. (Ord. 10-14 § 2, 2010; Ord. 367 § 2, 1984; Ord. 342 § 3, 1982)
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 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 animal, the humane officer must 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
enter the name of the owner, the address of the owner, and the number of the license tab. (Ord. 10-14 § 2, 2010; Ord.
342 § 4, 1982)
6.04.040 Animal licenses generally.
The city requires the following animal licenses: a dog license, a pet kennel license, and a dangerous animal license.
A license is not transferable. An owner of a dog which is four months of age or older must obtain a valid license. An
owner must apply for a license on a form approved by the director. An application must be accompanied by the
license fee and, if the animal is altered, by proof of alteration. A license is issued in the name of the owner and is
numbered serially. Each issued license is accompanied by an identification tag inscribed with “Wenatchee Valley
Animal Control,” a number corresponding to the license, and the license’s expiration date. A license expires one
year after it is issued. Following a hearing set forth in EWMC 6.04.140, the director may establish the license fee for
a dangerous animal license. The fee for a dangerous animal license, however, may not exceed $200.00. (Ord. 13-12
§ 3, 2013; Ord. 10-14 § 2, 2010; Ord. 02-04 § 1, 2002; Ord. 429, 1987; Ord. 342 § 5, 1982)
East Wenatchee Municipal Code
Chapter 6.04 ANIMAL CONTROL
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The East Wenatchee Municipal Code is current through Ordinance 24-02, passed February 6, 2024.
6.04.045 Guide and service dogs – Waiver of license fees.
The city shall honor a request by a blind person or hearing impaired person not to be charged a fee to license his or
her guide dog, or a request by a physically disabled person not to be charged a fee to license his or her service dog.
(Ord. 89-7 § 1, 1989)
6.04.050 Pet kennel licenses.
No person shall keep more than three dogs 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 city zoning code as now
existing and 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 in and in
conformity with other health department rules and regulations. (Ord. 342 § 6, 1982)
6.04.060 Guard or attack dog license.
Repealed by Ord. 02-04. (Ord. 342 § 7, 1982)
6.04.070 Offenses relating to licensing.
A. It is unlawful for the owner of an animal to:
1. Fail to obtain the license required by the animal control fee ordinance.
2. Fail to display, conspicuously, a license identification tag on the licensed animal.
3. Fail to show the license upon request of any animal control officer or police officer.
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. (Ord. 10-14 § 2, 2010; Ord. 342 § 8, 1982)
6.04.080 Offenses relating to sale of animals.
A. For the purpose of consumer protection it is unlawful to:
1. 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. (Ord. 10-14 § 2, 2010; Ord. 342 §
9, 1982)
6.04.090 Detainment and disposal.
A. The humane society will not release a detained animal to the owner until all applicable fees assessed by the
humane society are paid;
B. The director ascertains whether any detained animal is currently licensed. If a detained animal is licensed, the
director must notify the licensee in writing 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 injured, diseased or wild animals for the holding period. The humane
society may dispose of said animals in a humane manner at any time at the discretion of the director;
E. Any animal 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;
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The East Wenatchee Municipal Code is current through Ordinance 24-02, passed February 6, 2024.
F. 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
be held until 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. (Ord. 10-14 § 2, 2010; Ord. 342 § 10, 1982)
6.04.100 Adoption.
Following the holding period, stray animals, abandoned animals, and animals voluntarily surrendered to the director
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 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 assumes all responsibility for and liability for animals held and/or adopted
out as between the city and the contracting authority. (Ord. 10-14 § 2, 2010; Ord. 342 § 11, 1982)
6.04.110 Offenses relating to safety and sanitation.
A. It is unlawful for an owner to:
1. 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. 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. 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 $500.00 for any subsequent infraction by the same person. (Ord. 10-14 § 2, 2010; Ord. 342 § 12, 1982)
6.04.120 Cruelty to animals.
A. By reference, the city adopts the following state statutes, including all future amendments:
RCW
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.
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The East Wenatchee Municipal Code is current through Ordinance 24-02, passed February 6, 2024.
9.91.170 Interfering with dog guide or service animal.
16.52.011 Definitions – Principles of liability.
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 provided in the section, any violation of this section is a misdemeanor as defined in EWMC
1.20.010. (Ord. 10-14 § 2, 2010; Ord. 06-14 § 3, 2006; Ord. 342 § 13, 1982)
6.04.130 Offenses relating to control.
A. It is unlawful for any owner to:
1. 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;
2. 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. Permit any animal to (a) damage public property or the private property of another, or (b) habitually bark,
whine or howl, or make other oral noises in such a manner as to unreasonably disturb any person, or (c) spread
or spill garbage;
5. Permit any animal to trespass upon the property of another;
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The East Wenatchee Municipal Code is current through Ordinance 24-02, passed February 6, 2024.
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. 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.
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 $500.00 for any subsequent infraction by the same person. (Ord. 10-14 § 2, 2010; Ord. 88-16 § 1, 1988;
Ord. 342 § 14, 1982)
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 determine 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 permit 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 $250.00 for the first infraction and a
fine of up to $500.00 for any subsequent infraction by the same person. (Ord. 10-14 § 2, 2010; Ord. 342 § 16, 1982)
6.04.150 Nuisance.
Any animal which, by its actions or condition, presents a clear and present threat to the public peace, health or
safety, is a nuisance and may be summarily detained pending correction of the condition or pending the owner’s trial
for violation of this chapter. (Ord. 342 § 17, 1982)
6.04.160 Rabies control.
A. 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.
B. A current rabies vaccination means that a dog vaccinated between three months and one year shall be
revaccinated within one year of the vaccination and 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
officer.
C. 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 section. 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 city 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 municipal 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
section.
D. When an animal under quarantine has 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
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animal control officer shall immediately take action to obtain a pathological and inoculation examination of the
animal. As soon as the 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 known to have been bitten by a rabid animal shall be humanely destroyed
immediately.
E. 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.
F. 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. 342 § 18, 1982)
6.04.170 License fees.
A. The fees for each new dog license and for each annual period of renewal shall be as established from time to time
by city council resolution and may include provisions for different fees for altered and unaltered dogs, late fees,
discounts for senior citizens or handicapped persons, and fees for a lost dog tag.
B. The fee for each pet kennel license shall be as established from time to time by city council resolution.
C. Other animal control fees, including but not limited to administration fees, daily boarding fees at a city shelter or
contract service provider shelter, vaccination fees for parvo/distemper, kennel cough, and rhino/distemper shall be as
established from time to time by city council resolution. (Ord. 02-03 § 1, 2002; Ord. 91-16 § 1, 1991; Ord. 342 § 19,
1982)
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. 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. (Ord. 10-14 § 2, 2010; Ord. 94-15 § 1, 1994)
6.04.180 Initiation of violation.
Violations of this chapter shall be initiated by the issuance, service and filing of a notice of humane infraction. (Ord.
342 § 20, 1982)
6.04.190 Authority to issue humane infraction.
Only those persons authorized by EWMC 6.04.020 may issue a notice of infraction. (Ord. 342 § 21, 1982)
6.04.200 Service of notice.
Notice of a humane infraction may be served either by (1) servicing the notice of humane infraction on the person
named on the notice of humane infraction at the time of issuance; (2) filing the notice of humane infraction 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 of humane infraction, at his last known address. If the notice of humane infraction served by
mail is returned to the court as undeliverable, the court shall issue a warrant of arrest. (Ord. 342 § 22, 1982)
6.04.210 Contents.
The notice of humane infraction shall contain the following information on the copy given to the defendant:
A. Name, address and phone number of the court where the notice of infraction 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 of infraction was issued and the name and number of the citing officer;
C. A statement that the defendant must respond to the notice of humane infraction within seven days of issuance;
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D. A space for the defendant to sign a promise to respond to the notice of infraction in the time required;
E. A space for entry of the monetary penalty which the 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.
342 § 23, 1982)
6.04.220 Response to notice.
A person may respond to a notice of humane infraction by (1) paying into the registry of the court the amount of the
monetary penalty as indicated on the humane infraction; or (2) requesting a hearing in the East Wenatchee
Municipal Court to admit the infraction and explain the circumstances or to contest the determination that the
infraction occurred. (Ord. 342 § 25, 1982)
6.04.230 Violation – Penalty.
Except as otherwise set forth 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 $100.00 for the first offense in a given
calendar year and a maximum monetary civil penalty of $200.00 for each subsequent offense in the same calendar
year. (Ord. 22-14 § 5 (Exh. A), 2022; Ord. 10-14 § 2, 2010; Ord. 02-16 § 2, 2002; Ord. 94-15 § 2, 1994; Ord. 93-7 §
1, 1993; Ord. 342 § 26, 1982)
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
of registration 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 if
the 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 of liability 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 if the owner presents to the animal control authority sufficient evidence of:
1. A secure enclosure or back yard chain run that safely confines 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 in EWMC 1.20.010. (Ord. 10-14 § 2, 2010; Ord. 02-16
§ 3, 2002)
6.04.250 Dangerous dogs – Confiscation.
A. Any dangerous dog as defined by EWMC 6.04.010 shall be immediately confiscated by an animal control
authority if the:
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1. Dog is not validly registered under RCW 16.08.080;
2. Owner does not secure the liability insurance coverage required under RCW 16.08.080;
3. Dog is not maintained in the proper enclosure;
4. Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical
restraint of the responsible person.
B. The owner must pay the costs of confinement and control.
C. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail,
return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is
responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious
and humane manner if the deficiencies for which the dog was confiscated are not corrected within 20 days.
D. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if
any deficiencies are not corrected within 20 days of notification. The owner shall be guilty of a gross misdemeanor
punishable in accordance with RCW 9A.20.021, as the same exists now or may hereafter be amended. (Ord. 02-16 §
4, 2002)
6.04.260 Dangerous dogs and potentially dangerous dogs – Dog bites, penalty and affirmative defenses.
A. If a dangerous dog or potentially dangerous dog of an owner with a prior conviction under this chapter attacks or
bites a person or another domestic animal, the dog’s owner is guilty of a class C felony, punishable in accordance
with RCW 9A.20.021, as the same exists now or may be hereafter amended. It is an affirmative defense that the
defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for
ownership of a dangerous dog or potentially dangerous dog pursuant to this chapter and the person or domestic
animal attacked or bitten by the defendant’s dog trespassed on the defendant’s real or personal property or provoked
the defendant’s dog without justification or excuse. In addition, the dangerous dog or potentially dangerous dog
shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time,
and thereafter destroyed in an expeditious and humane manner.
B. The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not
the dog has previously been declared dangerous or potentially dangerous, shall upon conviction be guilty of a class
C felony punishable in accordance with RCW 9A.20.021, as the same exists now or may be hereafter amended. It is
an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely
injured or killed by the defendant’s dog: (1) trespassed on the defendant’s real or personal property which was
enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping
and marked with clearly visible signs warning people, including children, not to trespass and beware of dog; or (2)
provoked the defendant’s dog without justification or excuse on the defendant’s real or personal property which was
enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping
and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In
such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known
that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the
owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or
breeds. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in
quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
C. The owner of a potentially dangerous dog shall be subject to a civil penalty of up to $450.00 for each offense.
(Ord. 02-16 § 5, 2002)
6.04.270 Dangerous dogs or potentially dangerous dogs – Notification of declaration.
A. Where the animal control authority seeks to declare a dog within the city to be a dangerous dog or potentially
dangerous dog, the animal control authority must serve notice upon the dog owner in person or by regular and
certified mail, return receipt requested. The notice must state:
1. The statutory basis for the proposed action;
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2. The reasons the animal control authority considers the animal dangerous or potentially dangerous;
3. A statement that the dog is subject to registration and controls required by this chapter, including a recitation
of the controls in EWMC 6.04.240(B); and
4. An explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog
dangerous or potentially dangerous.
B. Prior to the animal control authority issuing its final determination, the animal control authority shall notify the
owner in writing that the owner is entitled to an opportunity to meet with the animal control authority, at which
meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be
declared dangerous or potentially dangerous. The notice must state the date, time, and location of the meeting, which
must occur prior to the expiration of 15 calendar days following delivery of the notice.
C. After the meeting, the animal control authority must issue its final determination, in the form of a written order,
within 15 calendar days.
D. In the event the animal control authority declares the dog to be dangerous or potentially dangerous, the order
shall include a recital of the authority for the action, a brief concise statement of the facts that support the
determination, and the signature of the person who made the determination. The order shall be sent by regular and
certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the
animal control authority. (Ord. 02-16 § 6, 2002)
6.04.280 Appeal of animal control authority determination.
A. A person who is aggrieved by a determination of the animal control authority regarding dangerous dogs or
potentially dangerous dogs may appeal such determination to the East Wenatchee municipal court. The owner must
appeal the determination within 20 days of receiving the final determination.
1. 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. While the appeal is pending, the animal control authority may order that the dog be confined or controlled in
compliance with EWMC 6.04.240. If the dog is determined to be dangerous or potentially dangerous, the owner
must pay all costs of confinement and control. (Ord. 02-16 § 7, 2002)
6.04.290 Appeal of animal control authority decision to confiscate or destroy.
An owner or keeper of a dangerous dog or potentially dangerous dog who is aggrieved by confiscation of the dog
may prevent destruction or adoption of the dog by petitioning the East Wenatchee municipal court for the dog’s
return, subject to court-imposed conditions.
A. A written petition shall be filed with the clerk of the municipal court not more than 20 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 dog’s detention and care for not less than 45 days from the date of initial
detention.
B. 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 petition(s) and to the animal control authority not less than 10
days prior to the hearing.
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C. The petition(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.
D. If the municipal court determines that the dangerous dog or potentially dangerous dog should not be returned to
the owner or keeper, the dog shall be forfeited by the owner or keeper. The animal control authority may destroy the
dog or find a responsible person or agency to adopt the dog.
E. If the municipal court determines that the dangerous dog or potentially dangerous dog 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 shall pay the cost of the dog’s detention and care
within 10 days after the municipal court’s determination. If the petitioner fails to pay such costs, the bond shall be
forfeited and the animal control authority may destroy the dog or find a responsible person or agency to adopt the
dog. (Ord. 02-16 § 8, 2002)
Chapter 6.05
EXOTIC ANIMALS
Sections:
6.05.10 Use or Possession of Exotic and Wild Animals Restricted.
6.05.020 Exceptions.
6.05.10 Use or Possession of Exotic and Wild Animals Restricted.
a) No person shall have, keep, or maintain or have in their possession or under their control any exotic or wild
animal.•
(b) No person shall cause a performance of, or allow for the participation of, any exotic or wild animal in a traveling
animal act.
6.05.020 Exceptions.
This chapter shall not apply to:
(1) Domestic animals or farm animals
(2) Equine activities;
(3) The use or possession of an exotic or wild animal:
(a) In an exhibition at a nonmobile, permanent institution, zoo, or aquarium accredited by the Association of
Zoos & Aquariums (AZA), the World Association of Zoos and Aquariums (WAZA), or the Global
Federation of Animal Sanctuaries (GFAS);
(b) As part of an environmental education program by a facility accredited by the North American Association
of Environmental Education (NAAEE) or the Washington State affiliate of NAAEE; provided that the
animal used for such purposes is not so used for more than 6 months in any consecutive 12 month period,
and is not kept in a mobile or traveling housing facility for more than a total of 12 total hours in any day;
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(c) By a university, college, laboratory, or other research facility registered with the Secretary of Agriculture of
the United States pursuant to 7 USCA § 2136 for the purpose of conducting research; or
(d) By the United States Fish and Wildlife Service, Washington State Department of Fish and Wildlife, or an
animal care and control agency;
(4) The use of indigenous wildlife in an exhibition or environmental education program by a wildlife
rehabilitator that is accredited or certified by the National Wildlife Rehabilitation Association (NWRA) or
the International Wildlife Rehabilitation Council (IWRC); provided that the animal used for such purposes
is not so used for more than 6 months in any consecutive 12 month period, and is not kept in a mobile or
traveling housing facility for more than a total of 12 total hours in any day; or
(5) A federally permitted falconer.
RRS signed Ordinance 2024-03, amending Title
6 of EWMC
Final Audit Report 2024-07-31
Created:2024-07-31
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAQPZz1ihH79aFbR3DDAX-Gq8Re0iAgmYF
"RRS signed Ordinance 2024-03, amending Title 6 of EWMC" H
istory
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2024-07-31 - 5:42:22 PM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2024-07-31 - 5:43:06 PM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2024-07-31 - 7:05:54 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2024-07-31 - 7:06:15 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2024-07-31 - 7:06:17 PM GMT - Time Source: server
Agreement completed.
2024-07-31 - 7:06:17 PM GMT