ORDINANCE NO. ,1id" AN ORDINANCE, with reference to

,1 id"
ORDINANCE NO.
AN ORDINANCE,
with reference to regulating the keeping,
licensing and control of animals and the
impounding,
disposition
and
destruction
thereof, providing penalties therefor, and
repealing Ordinance No. 133 and Ordinance No.
276.
NOW,
Council
THEREFORE,
it
ordained
by
the
City
of the City of East Wenatchee as follows:
SECTION I.
133
be
and
Ordinance
East Wenatchee City Ordinance No.
No.
are
276
hereby
repealed
in
their
in
this
entirety.
SECTION II.
Ordinance,
except
DEFINITIONS.
where
a
As
different
used
meaning
is
plainly
apparent from the context, the following definitions apply.
ADMINISTRATIVE FEE:
Means the charge levied by
the Wenatchee
Valley
Humane
Society I s
animal
shelter
for
apprehending an animal and placing it in its custody.
ALTER:
Means
to
permanently
render
incapable of reproduction for medical reasons,
not surgically altered.
ANIMAL:
CITY:
an
animal
whether or
Means the vertebrae except homosapiens.
Means the City of East Wenatchee.
DANGEROUS
ANI~ffiL:
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.
DIRECTOR:
Means
the
director
of
the
Humane
Society.
DEPARTMENT:
Means
the
Department of
the
Humane
Society and Animal Shelter.
DISPOSED OF IN A HUMANE
~ffiNNER:
Means adopted or
euthanized by an overdose of sodium phenobarbital.
DETAINED:
Means
to
apprehend
animal in custody.
GUARD DOG OR ATTACK DOG:
~1eans
and/or
keep
an
any member of a
dog family canine not owned by a government agency which has
been
trained
persons
or
and
is
property
used
by
for
the
exhibiting
purpose
hostile
of
protecting
and
aggressive
behavior or which will attack on signal or command.
-1-
HARBORING:
lodged,
Means allowing any animal to remain,
fed or sheltered on property one owns, occupies or
controls for more than twenty-four (24) hours.
HOLDING
PERIOD:
commencing at 1:00 a.m.
Means
seventy-two
(72)
hours,
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.
Hm'1ANE SOCIETY:
private
or
public,
contract with
for
that
the
Means
the
any organization,
City
control
of
East
whether
Wenatchee
of animals wi thin the
may
city
limits and for the enforcement of these Ordinances.
HUMANE OFFICER:
Means any employee of the Humane
Society.
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.
PERMIT:
owned
animal
Means
which
is
human
conduct
intentional,
in
relation
deliberate,
to
an
careless,
inadvertent or negligent.
TRESPASSING:
Means
an
animal which
enters
upon
the property of another persons without the authorization of
the lawful occupant.
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
bi tes,
animals,
but does
not
include
an animal
that
attacks or menaces a person or another animal that
tormented or hurt it before the retaliatory attack.
SECTION III:
ENFORCEMENT.
The
city
shall
contract with a qualified entity to perform the services of
the
Humane
Society.
Said
Humane
Society
shall
have
exclusive authority to supervise and enforce the provisions
of this Ordinance.
qualified
entity
Should the city fail to contract with a
to
perform
the
services
of
the
Humane
Society, the East Wenatchee Police Department shall perform
the
services
Ordinance
of
until
supervision
such
time
as
and
the
enforcement
city
has
of
secured
this
the
services of a qualified entity to perform said services.
SECTION IV:
animal
shelter
for
ANIMAL SHELTER.
detaining
-2-
animals
There shall be an
and
facilities
for
humane
disposable
shelter
shall
of
be
animals.
used,
No
sold,
animal
loaned
at
or
this
given
animal
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
nuisance,
written
any
as
and
all
animals
defined herein.
complaint
of
any
constituting
Impounding
two
a
any be
persons,
or
public
upon
upon
the
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.
SECTION V:
ANHlAL
LICENSES
GENERALLY.
The
following animal licenses shall be required:
Dog licenses,
pet
licenses,
kennel
licenses,
dangerous
animal
transferable.
be made
on
shel ter
and
animal
and
forms
The
approved by
shall
al teration
if
issued
the
attack
licenses.
Applications for
shelter
in
guard
be
or
the
name
the
of
is
the
by
the
owner
and
tag
fee
along
altered.
identification
are
director of the
ordinance
animal
licenses
and
not
licenses and permits shall
accompanied
city
dog
set by
with
Licenses
shall
inscribed
animal
the
proof
of
shall
be
be
numbered
serially.
An
with
"East
~'venatchee",
a number corresponding to the license, and the
license expiration date shall accompany each license issued.
The licenses shall be issued for a twelve (12) month period.
Any owner of
older,
a
dog,
which
is
four
(4)
must obtain a
valid
license
for
months
of
age
or
each such animal.
Licenses shall be available on December 1 of each year for
the
following
year
and
must
be
purchased
on
or
before
No
person
January 15th of each year.
SECTION VI:
PET
KENNEL
LICENSES.
shall keep more than three (3) dogs which are over four
(4)
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 East Wenatchee zoning code as now
existing and hereafter amended and the director of public
health has determined that the premises proposed to be
-3-
licensed
are
sanitary
and
that
its
use
as
a
kennel
is
consistent with public health, safety, and welfare in and in
conformity
with
regulations.
other
SECTION VII:
health
GUARD
department
OR ATTACK
DOG
rules
and
LICENSE.
No
person shall use a
guard dog or attack dog without first
obtaining
or
a
guard
attack
dog
license
therefor.
The
applicant for the guard or attack dog license shall certify
the following information to the director:
1.
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,
the dog will guard.
2.
if any,
of the premises
The name and address of the trainer, and the
name and address of the purveyor of the dog.
3.
That the premises the dog
adequately secured for safety of the public.
4.
will
guard
is
That signs are displayed on the premises at
all entrances clearly warning that a guard or attack dog is
on duty.
5.
That the user of the guard or attack dog is
aware of and understands the aggressive nature of the dog.
SECTION VIII:
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;
SECTION IX:
ANIMALS:
OFFENSES
For the purpose
for
RELATING
TO
SALE
consumer protection,
it
OF
is
unlawful to:
(a)
unless
the
Sell any animal known to be sick or injured
buyer
is
given,
at
the
time
of
sale,
written
notice of the condition of the animal;
(b)
Sell any animal known to be vicious;
SECTION X:
(a)
owner
until
DETAINMENT AND DISPOSAL.
No detained animal shall be released to the
all
applicable
fees
Society are paid;
-4-
assessed
by
the
Humane
(b)
The
director
shall
ascertain
whether
any
detained animal is currently licensed and if so shall notify
the licensee by letter that such animal has been detained
and may be redeemed upon payment of applicable fees;
(c)
ownership
Anyone claiming a detained animal must prove
to
the
satisfaction
of
the
director
before
redeeming the animal;
(d)
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;
(e) Any animal which is detained by the director
may be held at the Animal Shelter or other place appropriate
for
the
animal.
detainment
ownership
at
of
The
the
an
director
shelter
animal.
and
If
shall
shall
at
post
a
attempt
the
end
notice
to
of
of
determine
the
holding
period, no owner has claimed the animal, the director shall
dispose of the animal in a humane manner;
(f)
A boarding
fee
for
every
twenty-four
(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)
detention
The director of public health may direct the
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.
(h)
person
An administrative
claiming
an
fee
abstaining
shall be paid by any
possession
of
an
animal
detained by the Humane Society.
SECTION XI:
animals,
ADOPTION.
following
voluntarily
the
surrendered
to
holding
the
Strays
and
period,
director
abandoned
and
shall
animals
become
the
property of the Humane Society and Animal Shelter.
(a)
department
and
Any
animal
not
detained
redeemed,
shall
or
be
surrendered
disposed
to
of
the
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
licensed;
-5-
regardless
of
age
must
be
(d)
Dog
adopter
providing
Shelter
within
accompanied
license
the
eight
by
a
fees
animal
(8)
is
days
written
documentation from a
may
be
refunded
returned
of
the
request
for
to
day
to
the
of
the
any
Animal
adoption
refund
and
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,
responsibili ty
adopted
out
for
as
and
liability
between
the
for
city
shall assume all
animals
and
held
said
and/or
contracting
authority.
SECTION XII:
SANITATION.
OFFENSES
RELATING
TO
SAFETY
AND
It is 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 twenty-four (24) hours;
(b)
fecal
matter
Fail
to
deposited
remove
by
from
his
public
or
her
property before the owner leaves the
property
animal
on
that
public
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 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.
SECTION XIII:
OFFENSES
RELATING TO CRUELTY.
It
is unlawful for any person to:
(a)
Injure,
kill,
or
physically
mistreat
any
animal except as is specially permitted by law;
(b)
of
poison,
animal,
or
Layout to expose or leave exposed any kind
poison
place
food
or
drink
where
accessible
such poisonous materials
in a
to
an
stream or
other body of water endangering fish or shellfish provided:
that nothing shall prevent the reasonable use of rodent
-6-
poison,
insecticides,
fungicides
intended purposes and,
or
slug
provided further:
bait
for
their
that nothing
in
this paragraph shall prohibit any government agency acting
in the course of its governmental duties from performing any
act allowed it by law.
(c)
issued
by
the
Set or bait any trap without a valid permit
director,
provided
however,
no
permit
is
required to trap rats or mice;
(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)
provide
Keep an animal in unsanitary conditions or to
insufficient
food,
water,
shelter
or
ventilation
necessary for the good health of that animal;
(h)
medical
care
Fail to provide his or her animal with the
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.
SECTION XIV:
OFFENSES
RELATING TO CONTROL.
It
is 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 (8)
feet or shorter and if in the physical control of
a person;
(b)
Permit any dog to enter any public fountain
or school ground;
-7-
(c)
secure
Fail to confine any dog that is in heat in a
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)
property
Permit
or
habi tually
the
bark,
any
animal
private
whine,
to
property
or
howl,
(1)
of
or
damage
public
another,
(3)
or
spread or
(2)
spill
garbage;
(e)
Permit
property of another;
(f)
any
animal
to
trespass
upon
the
Have in his or her possession any animal not
owned by him or her vii thout the knoviledge of the rightful
owner thereof unless he or she notifies the director of such
possession
within
possession
of
twenty-four
such
animal
or
(24)
to
hours
fail
to
of
acquiring
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
adj acent
lot
unless
authorized by the occupant of the adjacent premises.
SECTION XVI:
DANGEROUS ANIMAL.
It
is
unlawful
for any person to procure or keep a dangerous animal without
the
prior
hearing
approval
to
of
determine
the
that
director,
the
granted
animal
will
following
be
a
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
authorize a
temporarily
for
treatment.
The
director may
special permit not to exceed thirty
(30)
days
for the keeping of a dangerous animal for shows or special
exhibits.
SECTION XVII:
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 ordinance.
SECTION XVIII: RABIES CONTROL.
(a) All dogs over the age of six (6) months or
dogs with a full set of canine teeth shall have a current
-8-
rabies vaccination administered by a licensed veterinarian.
If obtained from the shelter,
within thirty
custodian
(30)
the dog shall be vaccinated
days of obtaining the dog.
acquiring
a
dog
shall
have
such
An owner or
dog
inoculated
against rabies within thirty (30) days after the dog reaches
six (6) months of age.
a
location
outside
Any person moving into the city from
of
the
city
shall
comply
with
this
section thirty (30) days after having moved into the city.
(b)
A current rabies vaccination means that a dog
vaccinated between three
(3)
months and one year shall be
re-vaccinated within one year of the vaccination and shall
be
re-vaccinated
thereafter.
at
least
Any dog,
within
every
three
(3)
years
cat or other animal that has bitten
any person shall be immediately confined for a period of ten
(10)
days.
No animal under confinement shall be released
from confinement until such release has been approved by the
animal control officer;
(c)
shall
It
be
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
quarantine as prescribed in this section.
examination
and
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
ovmer
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.
refuses
If
to
the
owner
produce
the
willful
or
knowingly
animal,
each
day
of
secretes
or
secretion
or
refusal to produce the animal shall constitute a
separate
and individual violation of this section;
(d)
When
an
animal
under quarantine
been diagnosed as being rabid by a
the
veterinarian
making
such
have
licensed veterinarian,
diagnosis
-9-
shall
shall
immediately
notify
the
County
officer of
animal.
any
reports
If any
observation,
Public
animal
the
animal
Health
of
Officer
and
advise
such
human
contact with such rabid
under quarantine dies while under
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,
control
officer
Officer of any
shall
reports
notify
the
County
the animal
Public
Health
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 ten (10) days;
(f)
an
emergency
In case of an outbreak of rabies constituting
situation,
the mayor
shall be
authorized
to
impose strict regulations pertaining to animals within the
city limits.
SECTION XIX:
A.
LICENSE FEES.
The fee for each new dog license and for each
annual period of renewal shall be:
1.
Dogs:
Altered Seven Dollars ($7.00),
unaltered Ten Dollars ($10.00).
2.
Late fee for renewal of dog licenses
more than three (3) days after its expiration will be Ten
Dollars ($10.00) additional.
3.
Dog
owners
with
a
senior
citizens
identification
tag
or
card
or
handicapped
persons
identification card will pay fifty percent (50%) of the fee
otherwise payable.
4.
Lost
dog
tag,
upon
submission
of
affidavit attesting to the loss, shall be Three Dollars
($3.00) .
B.
The fee for each pet kennel license shall be
Twenty-Five Dollars ($25.00).
C.
The fee for each guard dog license shall be
Fifty Dollars ($50.00).
D.
Other animal control fees shall be:
1.
2.
3.
Administration fee:
$15.00
Board while at shelter:
$3.00 per day.
Vaccination fee:
$8.00 for distemper &
parvo.
-10-
SECTION XX:
Violations
of
issuance,
INITIATION
this
service
chapter
and
OF
shall
filing
be
of
VIOLATION.
initiated
notice
a
by
of
the
Humane
Infraction.
SECTION XXI:
INFRACTION.
Only
AUTHORITY
those persons
TO
ISSUE
HUMANE
authorized by Section III
may issue a notice of infraction.
SECTION XXII:
SERVICE
OF
NOTICE.
Humane Infraction may be served either by
notice
of
humane
infraction
notice of Humane
on
Infraction at
the
the
Notice
(1)
person
time
a
servicing the
named
of
of
on
the
issuance;
(2 )
filing the notice of Humane Infraction with the court,
which
case
the
court
shall
have
a
notice
served
in
either
personally or by mail, postage prepaid, on the person named
in
the
notice
address.
of
Humane
Infraction,
at
his
last
known
If the notice of Humane Infraction served by mail
is returned to the court as undeliverable,
the court shall
issue a warrant of arrest.
SECTION XXIII: CONTENTS.
Infraction
shall
contain the
The
following
notice
of
Humane
information on the
copy given to the defendant.
(1)
Name,
address and phone number of the court
where the notice of infraction is to be filed;
(2)
to
have
The infraction which the defendant is alleged
committed,
infraction occurred,
the
date,
the
time
and
place
the
the date the notice of infraction was
issued, and the name and number of the citing officer;
(3)
A statement that the defendant must respond
to the notice of Humane Infraction within seven (7) days of
issuance;
(4)
A space
for defendant to sign a promise to
respond to the notice of infraction in the time required;
(5)
A space
for
entry
of
the
monetary
penalty
which defendant may forfeit in lieu of appearing in court;
(6)
A statement that a
mailed response must be
mailed no later than midnight on the date the response is
due.
SECTION XXV:
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
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infraction and explain the circumstances or to contest the
determination that the infraction occurred.
SECTION XXVI:
PENALTIES.
Failure to comply with
any provision of this chapter shall subject the violator to
the following maximum penalties:
offense
$30.00,
months $50.00,
subsequent
(b)
(a) no dog license, first
offenses
within
no kennel license $50.00,
twelve
(c)
(12)
failure to
confine biting animal, first offense $50.00, each additional
offense
animal
$200.00,
$500.00,
(d)
refusal
(e)
dogs
or
failure
running
at
to produce
large;
first
rabid
offense
$30.00, second offense $50.00, each subsequent offense after
the
second
$100.00,
(f)
keeping
a
vicious
offense $50.00, second offense $100.00,
acts,
first
offense
$30.00;
subsequent offense $100.00,
second
(h)
animal,
first
(g) dog's prohibited
offense
$50.00,
each
failure to contain a female
dog in heat,
first offense $50.00,
each offense thereafter
$100.00,
interference
animal
(i)
with
an
control
officer
while performing his duties as specified in this ordinance
$100.00, and (j) any violation not described in this section
but which is made a
$100.00
from
the
violation by this ordinance
first
violation
and
$200.00
shall be
for
each
subsequent violation of the same provision.
SECTION XXVII: SEVERABILITY:
The
provisions
of
this Ordinance are declared to be separate and severable.
The
invalidity
invalidi ty
of
of
the
any
clause,
application
sentence,
thereof
to
paragraph
any
persons
or
or
circumstances shall not affect the validity of the remainder
of
this
Ordinance
or
the
validity
of
its
application
to
other persons or circumstances.
PASSED BY THE CITY COUNCIL OF THE CITY OF EAST
WENATCHEE this
20~ day of December, 1982.
CITY OF EAST WENATCHEE,
A Municipal Corporation
ATTEST:
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