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TITLE 7
HOUSEHOLD PETS1Chapters:
7.01 Definitions
7.02 Enforcement
7.03 DuPont Pet Owner’s Guide
7.04 Animals Prohibited As Household Pets
7.05 Household Pets At Large
7.06 Dogs Off-Premises to Be on a Leash
7.07 Household Pet Fecal Matter Removal
7.08 Female Household Pets in Heat
7.09 Confinement of Household Pets in a Motor Vehicle
7.10 Sale or Transfer of Household Pets in Public Places
7.11 Habitually Barking Dogs
7.12 Dangerous Dogs, Potentially Dangerous Dogs
7.13 Dog Licenses Required
7.14 Cat Licenses Required
7.15 Licensing Compliance
7.16 Potbelly Pigs
Chapter 7.01
DefinitionsSections:
7.01.010 Definitions.
7.01.010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this title, Household Pets.
(a) “Household pet” means dogs, cats, domesticated caged birds, fish, rabbits, and other small animals normally kept inside the residence.
(b) “Person” means any person, partnership, corporation, trust or association of persons.
(c) “Owner” means any person having an interest in, or having control or custody or possession of any household pet.
(d) “Caretaker” means any person having temporary control or possession of any household pet, but who is not the owner of the pet.
(e) “Leash” means a line made of plastic, nylon or other fabric, rope, chain or leather used to lead or restrain a dog.
(f) “At large” means off the premises of the owner or caretaker, unsupervised and unrestrained in behavior, and at risk of injury, or posing a public safety risk, or being a public nuisance.
(g) “Impoundment” means confinement in an animal control facility or humane society shelter.
(h) “Working days” means Monday, Tuesday, Wednesday, Thursday and Friday.
(i) The singular shall include the plural, and the plural the singular.
(j) Whenever a power is granted to or a duty is imposed upon a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to the law by the officer unless this chapter expressly provides otherwise. (Ord. 98-619).
Chapter 7.02
EnforcementSections:
7.02.010 Enforcement.
7.02.010 Enforcement.
Any commissioned law enforcement officer and any commissioned animal control officer with jurisdiction within the City of DuPont may issue citations and enforce the provisions of this title unless a chapter expressly provides otherwise. (Ord. 98-619).
Chapter 7.03
DuPont Pet Owner’s GuideSections:
7.03.010 DuPont pet owner’s guide.
7.03.010 DuPont pet owner’s guide.
The City of DuPont shall produce, using volunteer labor and donated materials to the extent possible, a guide for pet owners who reside within the City of DuPont. The City of DuPont shall ensure that all residents of the City of DuPont receive a current and correct copy of the guide. The guide shall inform residents of the obligations of pet owners under this title and shall include information which encourages responsible pet ownership and good neighbors. (Ord. 98-619).
Chapter 7.04
Animals Prohibited as Household PetsSections:
7.04.010 Animals prohibited as household pets.
7.04.010 Animals prohibited as household pets.
The following animals may not be kept as household pets in the City of DuPont.
(a) Livestock and other farm animals and fowl.
(b) All species of animals whose members exist in the wild state, including dangerous and poisonous reptiles and serpents, but not including feral domestic animals.
(c) Violation of this chapter is a misdemeanor punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.
(d) An animal prohibited in this chapter being kept as a household pet within the City of DuPont is subject to impoundment at the owner’s expense. (Ord. 98-619).
Chapter 7.05
Household Pets at LargeSections:
7.05.010 Household pets at large.
7.05.010 Household pets at large.
It is not permitted for any household pet to be at large during any hour of the day or night in the City of DuPont.
(a) The owner of a household pet at large is subject to a civil fine of $25.00.
(b) A household pet at large is subject to impoundment at the owner’s expense. (Ord. 98-619).
Chapter 7.06
Dogs Off-Premises to Be on a LeashSections:
7.06.005 Dogs off premises to be on a leash.
7.06.010 Signs posted.
7.06.020 Closure of off-leash area.
7.06.030 Violation--Penalty.
7.06.005 Dogs off premises to be on a leash.
It is not permitted for the owner or caretaker of any dog to take such dog onto any public property in the City of DuPont unless controlled by a leash. (Ord. 98-619).
7.06.010 Signs posted.
Any off-leash area hereafter designated by the City of DuPont shall have signs posted as necessary to make noticeable such off-leash area. The signs shall designate the area as an authorized off-leash area, and shall include a set of posted rules for users to include:
(a) Dogs must be wearing a current license tag;
(b) Dog fecal matter must be immediately removed;
(c) Female dogs in heat are not allowed in this area;
(d) Wildlife and wildlife habitat shall not be disturbed;
(e) Owners are liable for the conduct of their dog. (Ord. 98-619).
7.06.020 Closure of off-leash area.
The City of DuPont Chief of Police is authorized to temporarily close an off-leash area if significant problems arise in violation of the posted rules or if the Chief determines that such closure is necessary for the preservation and protection of the natural environment, or for public health or safety reasons. A notice of temporary closure shall be affixed to the signs designating an off-leash area. (Ord. 98-619).
7.06.030 Violation--Penalty.
Any person in violation of this chapter is subject to a civil fine of $25.00. (Ord. 98-619).
Chapter 7.07
Household Pet Fecal Matter RemovalSections:
7.07.005 Household pet fecal matter removal.
7.07.010 Equipment required.
7.07.020 Accumulation prohibited.
7.07.030 Violation--Penalty.
7 07.005 Household pet fecal matter removal.
Any person accompanied by, in possession of, or in control of any household pet upon public property or the private property of another person within the City of DuPont is required to immediately remove fecal matter deposited by such pet. (Ord. 98-619).
7.07.010 Equipment required.
Any person accompanied by, in possession of, or in control of any household pet off the owner’s or caretaker’s property shall possess equipment to remove such pet’s fecal matter. (Ord. 98-619).
7.07.020 Accumulation prohibited.
Owners and caretakers of any household pet shall not allow fecal matter deposited by such pet on the owner’s or caretaker’s property to accumulate so as to be offensive to other residents of the City of DuPont. (Ord. 98-619).
7.07.030 Violation--Penalty.
Any person in violation of this chapter is subject to a civil fine of $25.00. (Ord. 98-619).
Chapter 7.08
Female Household Pets in HeatSections:
7.08.005 Female household pets in heat.
7.08.010 Violation--Penalty.
7.08.005 Female household pets in heat.
Owners and caretakers of a female household pet in heat shall keep such pet inside or otherwise securely confined in a manner that protects the pet from the elements and does not attract or allow contact with male pets of the same species. (Ord. 98-619).
7.08.010 Violation--Penalty.
Any person in violation of this chapter is subject to a civil fine of $25.00. (Ord. 98-619).
Chapter 7.09
Confinement of Household Pets in a Motor VehicleSections:
7.09.005 Confinement of a household pet in a motor vehicle.
7.09.010 Authority to enter vehicle.
7.09.005 Confinement of a household pet in a motor vehicle.
No person shall confine any household pet in a motor vehicle within the City of DuPont in such a manner that places the pet in a life or health threatening situation including exposure to extreme heat or cold. (Ord. 98-619).
7.09.010 Authority to enter vehicle.
In order to protect the health and safety of such household pet, any law enforcement officer, animal control officer, veterinarian, paramedic, or firefighter commissioned or licensed in the State of Washington is authorized to enter into a motor vehicle by any reasonable means under the circumstances after a reasonable effort to find the operator of the vehicle. (Ord. 98-619).
Chapter 7.10
Sale or Transfer of Household Pets in Public PlacesSections:
7.10.005 Sale or transfer of household pets in public places.
7.10.010 Violation--Penalty.
7.10.005 Sale or transfer of household pets in public places.
No person shall sell, barter or otherwise transfer for the purpose of changing ownership any household pet in an area open to the public within the City of DuPont unless the activity is part of a pet adoption event sponsored or approved by the Humane Society for Tacoma and Pierce County or part of a pet adoption event sponsored or approved by an animal rescue organization exempt from tax under Section 501(c)(3) of the federal Internal Revenue Code. (Ord. 98-619).
7.10.010 Violation--Penalty.
Any person in violation of this chapter is subject to a civil fine of $25.00. (Ord. 98-619).
Chapter 7.11
Habitually Barking DogsSections:
7.11.005 Habitually barking dogs.
7.11.010 Violation--Penalty.
7.11.005 Habitually barking dogs.
No owner or caretaker shall keep a dog within the City of DuPont in such a manner that such dog by frequent or habitual barking, howling, whining or yelping shall continually disturb multiple neighbors. (Ord. 98-619).
7.11.010 Violation--Penalty.
Any person in violation of this chapter is subject to a civil fine of $50.00. (Ord. 98-619).
Chapter 7.12
Dangerous Dogs, Potentially Dangerous DogsSections:
7.12.005 Dangerous dogs, potentially dangerous dogs.
7.12.010 Definitions.
7.12.020 Exemption from declaration.
7.12.030 Owner requirements--Dog declared dangerous.
7.12.040 Owner requirements--Dog declared potentially dangerous.
7.12.050 Impoundment.
7.12.060 Violation--Penalty.
7.12.070 Hearing.
7.12.080 Registration fees.
7.12.090 Third offense.
7.12.005 Dangerous dogs, potentially dangerous dogs.
In compliance with State law, Chapter 16.08 RCW, the following provisions apply to the keeping of dangerous and potentially dangerous dogs within the City of DuPont. (Ord. 98-619).
7.12.010 Definitions.
(a) “Dangerous dog” means any dog when unprovoked inflicts severe injury on a human, kills a household pet without provocation while such dog is off its owner’s property, or has previously been found to be potentially dangerous and again aggressively bites, attacks, or endangers the safety of humans or household pets.
(b) “Potentially dangerous dog” means any dog when unprovoked inflicts bites on a human or household pet, chases or approaches a person on public property in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise threaten the safety of humans or household pets.
(c) “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (Ord. 98-619).
7.12.020 Exemption from declaration.
A dog shall not be declared dangerous or potentially dangerous if the threat or injury or damage is sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner or caretaker of the dog, or was committing or attempting to commit a crime, or was tormenting, abusing or assaulting the dog or has in the past been observed or reported to have tormented, abused or assaulted the dog. (Ord. 98-619).
7.12.030 Owner requirements--Dog declared dangerous.
When a dog is declared dangerous by a law enforcement officer or animal control officer, the owner of the dog shall be required to:
(a) Register the dog with the City of DuPont. The initial registration fee is $250.00. The annual registration renewal fee is $50.00, due on the anniversary date of the initial registration.
(b) Keep the dog securely indoors or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the dog from escaping. The pen or structure shall have a secure top and shall provide protection for the dog from the elements.
(c) Possess a surety bond in the sum of at least $250,000, payable to any person injured by the dog or possess a liability insurance policy, such as homeowner’s insurance, in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dog.
(d) Keep the dog muzzled and on a substantial leash not to exceed eight feet in length and under the control of a competent person while off the owner’s property. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration.
(e) Conspicuously display a sign on the owner’s property warning of the presence of a dangerous dog. (Ord. 98-619; Ord. 06-814 § 1).
7.12.040 Owner requirements--Dog declared potentially dangerous.
When a dog is declared potentially dangerous by a law enforcement officer or animal control officer, the owner of the dog shall be required to:
(1) Register the dog with the City of DuPont. The initial registration fee is $100.00. The annual registration renewal fee is $25.00 due on the anniversary date of the initial registration.
(2) Keep the dog securely indoors or securely inside a fenced yard.
(3) Keep the dog muzzled and on a substantial leash not to exceed eight feet in length and under the control of a competent person while off the owner’s property. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration.
(4) Conspicuously display a sign on the owner’s property warning of the presence of a potentially dangerous dog. (Ord. 98-619).
7.12.050 Impoundment.
A dangerous or potentially dangerous dog not kept in accordance with this chapter is subject to impoundment at the owner’s expense. (Ord. 98-619).
7.12.060 Violation--Penalty.
Violation of this chapter is a gross misdemeanor punishable by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine. (Ord. 98-619).
7.12.070 Hearing.
The owner of a dog declared dangerous or potentially dangerous may request a hearing before the City of DuPont Chief of Police. (Ord. 98-619).
7.12.080 Registration fees.
Registration fees and annual registration renewal fees paid by the owner of a dog declared to be dangerous or potentially dangerous are refundable within three months of payment if the declaration is revoked, if the owner presents proof that ownership and possession of the dog have been relinquished, or if the owner presents proof that the dog is no longer living. (Ord. 98-619).
7.12.090 Third offense.
Any dog declared dangerous or potentially dangerous which when unprovoked inflicts bites on a human or household pet for the third time may not be kept within the City of DuPont. (Ord. 98-619).
Chapter 7.13
Dog Licenses RequiredSections:
7.13.005 Dog licenses required.
7.13.010 Fee--Seven months and older.
7.13.020 Fee--Dogs three to seven months.
7.13.030 Fee--Neutered and spayed dogs.
7.13.040 Issuance--Renewable when.
7.13.050 License--Transfer.
7.13.060 Vaccination.
7.13.070 New residents and owners.
7.13.080 Civil penalty.
7.13.005 Dog licenses required.
All dogs three months of age or older must be licensed by the City of DuPont. A license tag shall be issued by the City of DuPont or the City’s designated licensing authority and must be attached to the dog’s collar or harness and worn at all times when off the owner’s property. (Ord. 98-619).
7.13.010 Fee--Seven months and older.
Effective as of April 1, 1998, the license fee shall be $5.00 for each neutered male and each spayed female dog seven months of age or older, and $25.00 for each unneutered male or unspayed female dog seven months of age or older. Effective April 1, 1999, the license fee shall be $5.00 for each neutered male and each spayed female dog seven months of age or older, and $50.00 for each unneutered male or unspayed female dog seven months of age or older. Effective February 3, 2003, the license fee shall be $10.00 for each neutered male or unspayed female dog seven months of age or older, and $50.00 for each unneutered male or unspayed female dog seven months of age or older. Proof of spay/neuter surgery must be presented at the time of licensing.
(a) A dog owner presenting proof from a veterinarian that such dog’s age or health status make spay/neuter surgery inadvisable may purchase a license at the fee for neutered male and spayed female dogs.
(b) Owners applying for a license for an unneutered male or unspayed female dog shall have 30 days from the date of application in which to have such dog spayed or neutered and to reapply for a license before being considered in violation of this chapter. A voided license application form bearing the name and address of the owner, which is dated and signed by the DuPont City Clerk shall serve as verification of the initial date of application.
(c) A current license tag issued by another jurisdiction shall be valid and meet the licensing requirements of this chapter until the expiration date of such license tag. (Ord. 98-619; Ord. 03-732 § 1; Ord. 03-737 § 1; Ord. 04-764 § 1).
7.13.020 Fee--Dogs three to seven months.
The license fee for dogs age three months to seven months shall be $2.00. (Ord. 98-619).
7.13.030 Fee--Neutered and spayed dogs.
The license fee for a neutered male or spayed female dog which has been microchipped shall be $3.00. Proof of microchipping must be presented at the time of licensing. (Ord. 98-619).
7.13.040 Issuance--Renewable when.
Effective as of January 1, 1999, licenses shall be issued on a 12-month cycle. All previously issued licenses shall be renewable in 1999 on the month/day of purchase in 1998; all licenses issued in 1999 and thereafter shall be renewable annually on the month/day of purchase. (Ord. 98-619).
7.13.050 License--Transfer.
Dog owners may transfer a current 12-month City of DuPont license tag to another dog of the same reproductive status when a licensed dog dies. Owners are responsible for notifying the DuPont City Clerk of the transfer and providing all information on their new dog as required by this chapter for licensing. (Ord. 98-619).
7.13.060 Vaccinations.
All dogs three months of age or older must be current on distemper and rabies vaccinations. Proof of vaccination must be presented at the time of licensing. (Ord. 98-619).
7.13.070 New residents and owners.
New residents and new pet owners keeping dogs three months of age or older have 30 days from the date of residency or ownership and possession of the dog in which to purchase a license. (Ord. 98-619).
7.13.080 Civil penalty.
A dog owner who fails to comply with the provisions of this chapter is subject to a civil fine of $25.00. (Ord. 98-619).
Chapter 7.14
Cat Licenses RequiredSections:
7.14.005 Cat licenses required.
7.14.010 Fee--Cats seven months and older.
7.14.020 Fee--Cats three to seven months.
7.14.030 Fee--Neutered and spayed cats.
7.14.040 Issuance--Renewable when.
7.14.050 License--Transfer.
7.14.060 Vaccination.
7.14.070 New residents and owners.
7.14.080 Civil penalty.
7.14.005 Cat licenses required.
All cats three months of age or older must be licensed by the City of DuPont. A license tag shall be issued by the City of DuPont or the City’s designated licensing authority and must be attached to the cat’s collar or harness and worn at all times when off the owner’s property. (Ord. 98-619).
7.14.010 Fee--Cats seven months and older.
Effective as of April 1, 1998, the license fee shall be $5.00 for each neutered male and each spayed female cat seven months of age or older, and $25.00 for each unneutered male or unspayed female cat seven months of age or older. Effective April 1, 1999, the license fee shall be $5.00 for each neutered male and each spayed female cat seven months of age or older, and $50.00 for each unneutered male or unspayed female cat seven months of age or older. Effective February 3, 2003, the license fee shall be $10.00 for each neutered male and each spayed female cat seven months of age or older, and $50.00 for each unneutered male or unspayed female cat seven months of age or older. Proof of spay/neuter surgery must be presented at the time of licensing.
(a) A cat owner presenting proof from a veterinarian that such cat’s age or health status make spay/neuter surgery inadvisable may purchase a license at the fee for neutered male and spayed female cats.
(b) Owners applying for a license for an unneutered male or unspayed female cat shall have 30 days from the date of application in which to have such cat spayed or neutered and to reapply for a license before being considered in violation of this chapter. A voided license application form bearing the name and address of the owner which is dated and signed by the DuPont City Clerk shall serve as verification of the initial date of application.
(c) Current license tags issued by another jurisdiction shall be valid and meet the licensing requirements of Chapter 7.14 DMC until the expiration date of such license tags. (Ord. 98-619; Ord. 03-732 § 1; Ord. 03-737 § 1; Ord. 04-764 § 1).
7.14.020 Fee--Cats three to seven months.
The license fee for cats age three months to seven months shall be $2.00. (Ord. 98-619).
7.14.030 Fee--Neutered and spayed cats.
The license fee for a neutered male or spayed female cat which has been microchipped shall be $3.00. Proof of microchipping must be presented at the time of licensing. (Ord. 98-619).
7.14.040 Issuance--Renewable when.
Effective as of January 1, 1999, licenses shall be issued on a 12-month cycle. All previously issued licenses shall be renewable in 1999 on the month/day of purchase in 1998; all licenses issued in 1999 and thereafter shall be renewable annually on the month/day of purchase. (Ord. 98-619).
7.14.050 License--Transfer.
Cat owners may transfer a current 12-month City of DuPont license tag to another cat of the same reproductive status when a licensed cat dies. Owners are responsible for notifying the DuPont City Clerk of the transfer and providing all information on their new cat as required by this chapter for licensing. (Ord. 98-619).
7.14.060 Vaccination.
All cats three months of age or older must be current on distemper, rabies and feline leukemia vaccinations. Proof of vaccination must be presented at the time of licensing. (Ord. 98-619).
7.14.070 New residents and owners.
New residents and new pet owners keeping cats three months of age or older have 30 days from the date of residency or ownership and possession of the cat in which to purchase a license. (Ord. 98-619).
7.14.080 Civil penalty.
A cat owner who fails to comply with the provisions of this chapter is subject to a civil fine of $25.00. (Ord. 98-619).
Chapter 7.15
Licensing ComplianceSections:
7.15.005 Licensing compliance.
7.15.010 Notice to owners.
7.15.005 Licensing compliance.
The City of DuPont shall conduct at least once per calendar year a random inquiry among the households of the City of DuPont to determine compliance with the licensing requirements of Chapters 7.13 and 7.14 DMC. A minimum of 14 days’ notice shall be given to the residents of DuPont prior to the inquiry. (Ord. 98-619).
7.15.010 Notice to owners.
Owners of cats and dogs found not to be licensed as required by Chapter 7.13 or 7.14 DMC shall be given written notice that they have 10 working days from the date of the notice in which to purchase the required license. If the owner fails to purchase the license within the 10 working days, the owner is subject to a civil fine of $25.00. (Ord. 98-619).
Chapter 7.16
Potbelly PigsSections:
7.16.005 Prohibited as pet.
7.16.010 Exemption--Requirements.
7.16.020 Violation--Penalty.
7.16.005 Prohibited as pet.
Potbelly pigs shall be considered a farm animal as prohibited in Chapter 7.04 DMC and may not be kept as household pets within the City of DuPont except as provided in this chapter. (Ord. 98-619).
7.16.010 Exemption--Requirements.
Residents of the City of DuPont who have owned the same potbelly pig and have kept the pig as a household pet for a minimum of 12 consecutive months prior to becoming a resident of the City of DuPont may keep the pig as a household pet for the lifetime of the pig, provided the pig is spayed or neutered and current on recommended annual vaccinations. When such a potbelly pig dies or ownership and possession are relinquished, the pig may not be replaced with another potbelly pig.
(a) Proof of spay/neuter and vaccinations must be presented to the DuPont City Clerk within 30 days of establishing residency in the City of DuPont.
(b) Owners of a female potbelly pig may present proof from a veterinarian that the pig’s age or health status make spay surgery inadvisable.
(c) Potbelly pigs must wear an identification tag attached to its collar or harness at all times when outside the owner’s residence. The identification tag shall contain the name, address and phone number of the owner. (Ord. 98-619).
7.16.020 Violation--Penalty.
Any person in violation of this chapter is subject to a civil fine of $100.00. (Ord. 98-619).
Footnotes
1Prior legislation: Ords. 47, 98, 331, 333, 365, 366, 442, 471, 472, 493, 98-598, and 98-599.
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