Title 6
ANIMALS

Chapters:

6.04 General Regulations

Chapter 6.04
GENERAL REGULATIONS

Sections:

6.04.010 Diseased animals – Generally.

6.04.020 Diseased animals – Quarantine.

6.04.030 Diseased animals – Examination.

6.04.040 Rabies control – Quarantine – Duty of board of health and police officers.

6.04.050 Rabies control – Quarantine – Notice to owner.

6.04.060 Rabies control – Quarantine – Duty of owner.

6.04.070 Running at large prohibited during rabies outbreak.

6.04.080 Pasteur treatment.

6.04.090 Publication of notice of outbreak of rabies.

6.04.100 Wild or vicious animals or reptiles – Prohibited.

6.04.110 Wild or vicious animals – Running at large prohibited.

6.04.120 Wild or vicious animals – Exceptions for circuses, zoos, and transportation.

6.04.130 Harboring vicious or dangerous dogs.

6.04.140 Howling and barking.

6.04.150 Injury to property.

6.04.160 Chasing vehicles.

6.04.170 Jumping and barking at pedestrians.

6.04.180 Stray dog, cat or animal.

6.04.190 Authority to pursue.

6.04.200 Interference with impounding.

6.04.210 Injured or diseased animals.

6.04.220 Dogs – Taking, concealing, injuring, killing, etc.

6.04.230 Fighting, chasing, worrying or injuring animals.

6.04.240 Training animals to fight – Attending exhibitions.

6.04.250 Cruelty acts prohibited.

6.04.260 Cruel and inhumane treatment.

6.04.270 Liability of companies and corporations.

6.04.280 Duties of police.

6.04.290 Poisoning of animals.

6.04.300 Duties upon injury or death to an animal.

6.04.310 Dog and cat kennels.

6.04.320 Livestock at large – Adoption of state statutes.

6.04.010 Diseased animals – Generally.

Persons owning animals affected with contagious or infectious diseases, or suspected of being so affected, shall not bring them into or drive them through the city, nor move them from place to place within the city limits, except under a permit issued by the board of health and the chief of police. Persons owning such animals shall not sell or dispose of the same, but shall report their condition and location to the health officer or his assistant, or chief of police. (Ord. 521 § 1, 1979).

6.04.020 Diseased animals – Quarantine.

It shall be the duty of the board of health and the Fife police department in case of the existence within the city limits of the disease called pleuropneumonia among the cattle, or farcy or glanders among horses, or any other contagious or infectious disease among domestic animals, to cause such infected animals, or those which have been exposed to contagion, to be secured or collected in some suitable place and kept isolated until the nature of the disease is definitely determined by a competent veterinarian. (Ord. 521 § 2, 1979).

6.04.030 Diseased animals – Examination.

Upon receiving notice of a suspected case of contagious disease in any domestic animal within the city limits, the board of health and the Fife police department shall forthwith order an examination made by a competent person, and if satisfied that there exist good reasons for believing that contagious disease is present, and if in his judgment the circumstances of the case and the public good require it, he may cause the animal to be killed and properly disposed of. (Ord. 521 § 3, 1979).

6.04.040 Rabies control – Quarantine – Duty of board of health and police officers.

It shall be the duty of the board of health and any police officer to cause to be quarantined any dog or cat or other animal within the city which he has grounds to suspect of being infected with the disease of rabies or hydrophobia. The biting of human beings by a dog or cat is specifically declared to be a ground for suspecting an animal to be so infected. (Ord. 521 § 4, 1979).

6.04.050 Rabies control – Quarantine – Notice to owner.

Any such quarantine shall be initiated by delivering to the owner or keeper of any such animal a written notice of such quarantine which shall prescribe the duration of the same; provided, that the period of the quarantine shall not exceed 14 days unless it is determined that the existence of such disease is present. The delivery of the notice of quarantine to an adult residing upon the premises where such animal is kept shall be considered as delivery of the notice to the owner or keeper. Any such animal so quarantined shall be taken to the Pierce County humane society or a local veterinarian by the owner. If the owner refuses, the animal shall be impounded by the city; provided, that in the discretion of the board of health, or the police officer, the animal may be quarantined upon the premises of the owner or any other person during such time as the provisions of the quarantine are strictly kept. (Ord. 521 § 5, 1979).

6.04.060 Rabies control – Quarantine – Duty of owner.

During the period of any quarantine made under the provisions of FMC 6.04.050, the owner or keeper of any animals so quarantined shall not allow the animal to run at large on any street or public place in the city or upon the premises where quarantined unless the premises is enclosed by a secure fence, nor shall such owner or keeper remove or cause such animal to be removed from the premises without the consent of the board of health or chief of police. These restrictions shall continue until the animal has been released from quarantine. Any animal found running at large as defined herein or which has been removed from the premises upon which quarantined shall be impounded and unless claimed and redeemed by its owner within two days after the expiration of quarantine period may be destroyed by the proper authorities. (Ord. 521 § 6, 1979).

6.04.070 Running at large prohibited during rabies outbreak.

Whenever any outbreak of rabies or hydrophobia occurs or when rabies has been diagnosed or a rabid dog or animal has been present in the city, it is unlawful for any owner, keeper or handler of any dog or animal to keep or harbor same within the city limits after the last publication of the notice provided for in FMC 6.04.090 and during the period prescribed in the notice unless such dog is securely confined at all times by leash or kept in a tight enclosure from which such dog or dogs or animal cannot escape. Any dog or animal found running at large in the city during such period shall be impounded and unless claimed and redeemed by its owner within two days after such impounding may be destroyed by the proper authorities. Any health or police officer may destroy any dog or animal found running at large within the limits of the city during such period when, after reasonable effort, he is unable to impound the dog or animal or after reasonable investigation is unable to locate the owner or keeper thereof. (Ord. 521 § 7, 1979).

6.04.080 Pasteur treatment.

Any dog, cat or other animal that has been bitten by a rabid dog or animal must be given the Pasteur treatment or destroyed, at the option of the owner or keeper, regardless of whether or not the animal has been immunized by the single treatment of antirabies vaccine, and, in the event of the Pasteur treatment being given, the animal must be confined as provided in FMC 6.04.090 for a period of 90 days after treatment. (Ord. 521 § 8, 1979).

6.04.090 Publication of notice of outbreak of rabies.

Upon any outbreak of rabies, when rabies have been diagnosed within the city limits, or a rabid dog or animal has been found present and when, in the judgment of the board of health, there is imminent danger of the spread of the disease, such officer shall publish a notice to that effect in the official newspaper of the city for three successive days and for six weeks after the date of the last publication of the notice the provisions of FMC 6.04.070 shall be applicable; provided, that the board of health shall have authority, when in its judgment an extension of said six weeks time is necessary to carry into effect the purposes of this chapter, to extend said six-week period for an additional six weeks or such lesser time as he deems necessary, by notice given in the manner provided in this section and to further thereafter and in the same manner continue said six-week or lesser period until in his judgment the strict quarantine herein provided for shall be unnecessary. (Ord. 521 § 9, 1979).

6.04.100 Wild or vicious animals or reptiles – Prohibited.

No person shall have, keep, or maintain, or have in his possession or under his control, within any area of the city any lion, tiger, bear, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, coyote, fox, lynx, or any poisonous reptile or serpent, or any other dangerous or carnivorous animal or reptile. (Ord. 521 § 10, 1979).

6.04.110 Wild or vicious animals – Running at large prohibited.

No person owning or having charge, custody, control, or possession of any animal specified in FMC 6.04.100 shall permit or allow the same to run at large upon any highway, street, lane, alley, court, or any other place, public or private, or within the premises of such person. (Ord. 521 § 11, 1979).

6.04.120 Wild or vicious animals – Exceptions for circuses, zoos, and transportation.

FMC 6.04.100 shall not apply to any person keeping or maintaining or having in his possession or under his control any animal defined in that section when such person is transporting such animal or reptile through the city; provided he has taken adequate safeguards to protect the public, and has notified the chief of police of his proposed route of transportation and of the time that such trip is to take place. (Ord. 521 § 12, 1979).

6.04.130 Harboring vicious or dangerous dogs.

A. It is unlawful for any owner to keep, harbor or maintain on or off his premises in a manner liable to endanger the safety of persons or property lawfully upon such premises, or upon any street, avenue, alley, public or private place within the city, or to allow to run at large within the limits of the city, any vicious, menacing or dangerous dog or a dog with vicious propensities. Any such animal is a nuisance and shall be seized and impounded in the public pound.

B. Upon trial of any person charged with violating this section, the municipal judge, as a part of the penalty imposed, shall determine in his judgment whether or not the dog is a vicious or dangerous animal and whether or not the dog shall be humanely destroyed or otherwise disposed of, and the cost thereof shall be taxed as part of and collected in the same manner as other costs in the case. (Ord. 521 § 13, 1979).

6.04.140 Howling and barking.

It is unlawful for an owner to keep or harbor any dog or other animal which, by frequent or habitual howling, yelping, barking or the making of other noises, annoys or disturbs a neighborhood of any considerable number of persons. Any such dog or animal shall be a nuisance and may be seized and impounded. (Ord. 521 § 14, 1979).

6.04.150 Injury to property.

It is unlawful for any owner to suffer or permit any dog or other animal to trespass on private or public property so as to damage or destroy any property or thing of value, and the same is a nuisance and any such animal may be seized and impounded. (Ord. 521 § 15, 1979).

6.04.160 Chasing vehicles.

It is unlawful for any owner keeping or harboring any dog to suffer or permit such dog to chase, run after or jump at vehicles lawfully using the public streets, avenues, alleys and ways within the city, and the same is a nuisance and any such dog may be seized and impounded. (Ord. 521 § 16, 1979).

6.04.170 Jumping and barking at pedestrians.

It is unlawful for any owner to keep or harbor any dog or animal that frequently or habitually snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys or public places of the city, and the same is a nuisance and any such dog or other animal may be seized and impounded. (Ord. 521 § 17, 1979).

6.04.180 Stray dog, cat or animal.

Any stray dog, cat or animal running at large within the city is a nuisance, and any such stray dog, cat or animal may be seized and impounded. For the purposes of this section “stray dog,” “stray cat” and “stray animal” means and includes any dog, cat or animal loitering in a neighborhood or any public place without an apparent owner or home. (Ord. 521 § 18, 1979).

6.04.190 Authority to pursue.

Those employees or agents of the city charged with the duty of seizing animals may pursue such animals onto city-owned property, vacant property, and unenclosed private property, and seize, remove, and impound the same. (Ord. 521 § 19, 1979).

6.04.200 Interference with impounding.

It is unlawful for any person to interfere with, hinder, delay or impede any officer in the enforcement of the provisions of this chapter as herein provided. (Ord. 521 § 20, 1979).

6.04.210 Injured or diseased animals.

Any dog or other animal suffering from serious injury or disease may be humanely destroyed by the impounding authority. (Ord. 521 § 21, 1979).

6.04.220 Dogs – Taking, concealing, injuring, killing, etc.

Any person who, with intent to deprive or defraud the owner thereof:

A. Takes, leads away, confines, secretes or converts any dog; or

B. Conceals the identity of any dog or its owner by obscuring or removing from the dog any collar, tag, license, tattoo or other identifying device or mark; or

C. Wilfully kills or injures any dog, unless excused by law, shall on conviction be guilty of a misdemeanor. (Ord. 521 § 22, 1979).

6.04.230 Fighting, chasing, worrying or injuring animals.

Every person who wantonly, or for the amusement of himself or others, or for gain, causes any bull, bear, cock, dog, or other animal to fight, chase, worry or injure any other animal, or to be fought, chased, worried or injured by any man or animal, and every person who permits the same to be done on any premises under his charge or control; and every person who aids, abets, or is present at such fighting, chasing, worrying or injuring of such animal as a spectator, shall be guilty of a misdemeanor. (Ord. 521 § 23, 1979).

6.04.240 Training animals to fight – Attending exhibitions.

Every person who owns, possesses, keeps, or trains any bird or other animal with the intent that such bird or other animal shall be engaged in an exhibition of fighting, or is present at any place, building or tenement, where training is being had or preparations are being made for the fighting of birds or other animals, with the intent to be present at such exhibition, or is present at such exhibition, shall upon conviction be guilty of a misdemeanor. (Ord. 521 § 24, 1979).

6.04.250 Cruelty acts prohibited.

A. Every person who wilfully tortures, torments, or deprives of the necessary food or water, or who overdrives, overloads, overworks, or works when disabled, cruelly beats, mutilates, or cruelly kills an animal, or causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of the necessary food and water, cruelly beaten or killed, and any person having the charge or custody of any animal, either as owner or otherwise, who inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shelter or protection from the weather, or any person who kills or wounds any domestic animal by use of any gun, club, knife, bow and arrow or other weapon which may be used for the purpose of inflicting injury or death to any such animal, shall on conviction be guilty of a misdemeanor.

B. This section shall not apply to the killing of any animal by a police officer, humane society official, a duly licensed veterinarian, the owner of such animal or person authorized by him to destroy such animal; provided, however, that the death of such animal is accomplished in a humane manner and for a lawful purpose. (Ord. 521 § 25, 1979).

6.04.260 Cruel and inhumane treatment.

Every owner, possessor or person having the charge or custody of an animal, who cruelly drives or works it when unfit for labor, or cruelly abandons it, or carries it, or causes it to be carried in or upon a vehicle, or otherwise in an unnecessarily cruel or inhumane manner knowingly or wilfully authorizes or submits it to be subjected to unnecessary torture, suffering or cruelty of any kind, shall on conviction be guilty of a misdemeanor. (Ord. 521 § 26, 1979).

6.04.270 Liability of companies and corporations.

Any corporation or company who violates any provisions of FMC 6.04.250 and 6.04.260 shall be subject to the provisions of this chapter; and corporations in regard to animals transported, owned or used by them, or in their custody, shall be responsible for the knowledge and acts of their agents, servants and employees. (Ord. 521 § 27, 1979).

6.04.280 Duties of police.

It shall be the duty of the chief of police and his subordinates in office, when they observe any violations of FMC 6.04.250 and 6.04.260, or when they are informed when, where and by whom such violations were committed or were being committed, they shall proceed at once to arrest such violators. (Ord. 521 § 28, 1979).

6.04.290 Poisoning of animals.

No person shall intentionally place or expose or cause to be placed or exposed in any yard or lot of vacant or enclosed land, or on any gallery, fence, doorstep or porch, or in any outhouse or in any exposed place or public place, or on any street, alley or highway or other place where the same may be taken internally by the child, person, or by any domestic animal or fowl, any poisonous substance which, if taken internally, may cause death or serious sickness; provided, that the provisions of this section shall not apply to the killing by poison of any domestic animal or domestic bird in a lawful and humane manner by the owner thereof or by a duly authorized servant or agent of such owner or by a person acting pursuant to instructions for a duly constituted public authority. (Ord. 521 § 29, 1979).

6.04.300 Duties upon injury or death to an animal.

The operator of a vehicle involved in an accident resulting in injury or death to a domestic or other animal shall immediately stop the vehicle at or as near to the scene of the accident as possible, and return thereto, and shall give to the owner or other competent person having custody of the animal the name and address of the operator of the vehicle and the registration number of the vehicle involved in the accident. If the owner or other competent person is not the person at the scene of the accident, the operator shall take reasonable steps to locate the owner or custodian of the animal and shall supply the information hereinabove required. If the animal is injured to the extent that it requires immediate medical attention and there is no owner or custodian present to look after it, the operator of the vehicle shall immediately call the Fife police department and report the situation fully to that office. (Ord. 521 § 30, 1979).

6.04.310 Dog and cat kennels.

A. Defined. For the purpose of this chapter a “dog or cat kennel” is defined as a building, enclosure or portion of any premises in or at which dogs or cats are boarded or kept for hire or in or at which dogs or cats are kept or maintained by any person other than the owner thereof or in or at which six or more cats or four or more dogs over the age of three months are kept or maintained.

B. Prohibited Places. It is unlawful for any person to operate or maintain a dog or cat kennel in any building or enclosure or upon any portion of any premises within the city; and the operation and maintenance of any dog or cat kennel as aforesaid is a public nuisance; provided, that this section shall not apply to those areas of the city in which such kennels are permitted under the zoning ordinances and regulations of the city. (Ord. 521 §§ 31, 32, 1979).

6.04.320 Livestock at large – Adoption of state statutes.

Pursuant to the authority contained in RCW 35.21.180, the following sections of Chapter 16.24 RCW relating to livestock running at large are hereby adopted by reference: RCW 16.24.065 and 16.24.070. (Ord. 747 § 1, 1984).