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Chapter 10.24
AnimalsSections:
Article I. Miscellaneous
10.24.010 License Required.
10.24.020 Animals Running at Large.
10.24.030 Impoundment.
10.24.040 Rabies.
10.24.050 Animals Contaminating Water Supply.
10.24.060 Property Damage.
10.24.080 Maintaining Kennel.
Article II. Inherently Dangerous Animals
10.24.100 Inherently Dangerous Animals – Definitions.
10.24.110 Harboring of an Inherently Dangerous Animal Prohibited.
10.24.120 Exemptions.
10.24.130 Licensing of Inherently Dangerous Animals Required.
10.24.140 License Application.
10.24.150 Inspection of Premises.
10.24.160 Restrictions on Licensee.
10.24.170 Inherently Dangerous Animal At Large Prohibited.
10.24.180 Notice of Violation, Revocation of License and Confiscation of Inherently Dangerous Animal.
10.24.190 Appeals.
10.24.200 Relocation of Inherently Dangerous Animals.
10.24.210 Misdemeanor.
10.24.900 Spaying and Neutering Services.
Article I. Miscellaneous
10.24.010 License Required.
A. No person may own, harbor or keep any dog or cat over the age of six months unless the dog or cat has a current license. A “dog” shall include any domestic dog (member of the canis lupus familiaris family) or wolf hybrid which is a cross between a wolf and a domestic dog.
B. The license is a class IID license as provided in SMC chapter 4.04, the license officer being the city manager or his designee.
C. The license must be renewed each and every year on or before the date of expiration. All licenses expire on the last day of the twelfth calendar month following the date of issue, except that the initial license expires on the last day of the eleventh month after issue.
D. Written proof of current rabies inoculation from a licensed veterinarian is required.
[Ord. C32715; Passed: 9/25/2000]
Cross Reference: SMC 8.02.080, 10.03.050.
10.24.020 Animals Running at Large.
A. For purposes of this section, “animal” is any animal or fowl, except a domestic cat which is currently licensed and neutered or spayed.
B. No owner or custodian of any animal may cause or permit such animal to be or run at large within the city or suffer any animal to roam or stray from the building or enclosure where harbored unless the animal is:
1. restrained by a sufficient collar, harness, or halter, and on a leash eight feet or less in length, and in the control of a person of suitable age and discretion; or
2. confined safely within a vehicle.
C. No person may release, or allow the escape from confinement or the control of another, any animal.
[Ord. C30720; Passed: 2/22/1993]
Cross Reference: SMC 10.03.030, 10.03.035.
10.24.030 Impoundment.
A. Animal at Large. Any animal running at large or any unlicensed animal running at large may be immediately impounded by the animal control officer or a police officer.
B. Notice of Animal Impoundment. Any animal control officer upon apprehension of an animal makes a complete register, entering the breed, color and sex of the animal and whether or not the animal is licensed. If the animal is licensed, the officer enters the name and address of the owner or keeper and the number of the license tag. If reasonably possible, the officer, in his or her discretion, immediately returns the animal to its recorded owner or keeper. If it is not reasonably possible to immediately return the animal to its owner or keeper, the animal control shelter notifies the owner or keeper within forty-eight hours by mail, telephone, or personal notice that the animal has been impounded and where it may be redeemed upon payment of applicable fees.
C. Animal Holding Period. Any dog or cat wearing a current City animal license is held for the owner or keeper for ten days from the time of impoundment, including weekends and excluding holidays. Any unlicensed dog or cat is held for seventy-two hours from the time of impoundment, including weekends and excluding holidays. All animals not claimed after the appropriate waiting period become the property of the animal shelter agency and may be put up for adoption to the public or euthanized in a humane manner. 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 animal shelter agency.
D. License Requirement. Any dog or cat adopted or reclaimed must be licensed. The animal license fee may be refunded to an adopter if a written request for refund is made and the animal is returned to the shelter within fourteen days after adoption.
E. Animal Redemption. An impounded animal is released to its owner or custodian upon presentation of proof of ownership and payment of the appropriate fees set forth in SMC 8.02.080. At the discretion of the administration of the animal control authority all or part of the redemption fee may be waived.
[Ord. C32617; Passed: 5/1/2000]
10.24.040 Rabies.
A. No person may keep or harbor in the city a dog or cat over six months of age which is not inoculated against rabies by a licensed veterinarian in accordance with current accepted standards. The owner is required to attach a tag to a collar which shows that the dog or cat has been properly vaccinated.
B. Any animal afflicted with rabies or bitten by a rabid animal is a nuisance and the owner or custodian of such animal is required immediately upon discovery to either:
1. cause the animal to be destroyed; or
2. submit the animal to veterinary treatment and guarantee its confinement for such period and in such manner as directed by the health officer, the city license officer, or a licensed veterinarian.
C. The health officer may direct the detention of animals suspected of having rabies. Any such animal is held at the animal control shelter until its release is approved by the health officer and all applicable fees are paid by the animal’s owner.
D. An animal without current rabies inoculation that is returned to its owner or adopted must be inoculated for rabies within ten days of being released from the shelter unless inoculation is discouraged by a licensed veterinarian. Proof of inoculation must be provided to the animal control authority.
[Ord. C31269; Passed: 12/19/1994]
10.24.050 Animals Contaminating Water Supply.
No owner or custodian of any horse, mule, donkey, cattle, sheep, or other grazing stock may cause or permit such animal to graze, roam or be:
A. upon any land owned by the City and upon which is located any well, spring, reservoir, or other part of the municipal water system; or
B. upon any private or public land on or near to which is located any well, spring, stream, or other potential source of drinking water; whenever the presence of such animal may result in contamination or pollution of such water supply.
[Ord. C28629; Passed: 2/23/1987]
10.24.060 Property Damage.
No owner or custodian of any animal may cause or knowingly permit the animal to enter upon or do damage to any public park or any private premises to the injury or annoyance of the owner or occupant of such premises.
[Ord. C28629; Passed: 2/23/1987]
10.24.080 Maintaining Kennel.
Premises upon which more than three dogs or cats are kept constitutes a kennel under the zoning code (SMC 11.19.0324). No person may maintain a kennel except in accordance with the zoning code.
[Ord. C28629; Passed: 2/23/1987]
Article II. Inherently Dangerous Animals
10.24.100 Inherently Dangerous Animals – Definitions.
For purposes of this article, the following definitions apply.
A. “Inherently dangerous animal” means either an inherently dangerous mammal or an inherently dangerous reptile as defined in this section.
B. “Inherently dangerous mammal” means any live member of the Canidae, Felidae, or Ursidae families, including any hybrid thereof, which, due to its inherent nature, may be considered dangerous to humans, which includes:
1. Canidae, meaning any member of the dog (canid) family not customarily domesticated by people, or any hybrids thereof, but not including a domestic dog (Canis lupus familiaris) or wolf hybrids which are a cross between a wolf and a domestic dog;
2. Felidae, meaning any member of the cat family not customarily domesticated by people, and any hybrid thereof, but not including a domestic cat (Felis catus);
3. Ursidae, meaning any member of the bear family, and any hybrid thereof and;
4. Nonhuman primates and prosimians (such as chimpanzees and monkeys).
C. “Inherently dangerous reptile” means any live member of the class Reptilia which:
1. is venomous, including, but not limited to, all members of the following families: Helodermidae, Viperidae, Crotalidae, Altractaspidae, Hydrophilidae and Elapidae; or
2. is a “rear fanged” snake of the family Colubridae known to be dangerous to humans, including, but not limited to, all members of the following families: Dispholidus typus, Thebtornis kirtlandii and Rhabdophis spp.; or
3. is a member of the order Crocodilia (crocodiles, alligators and caiman).
D. Inherently dangerous animal “at large” means an inherently dangerous animal that is permitted or allowed to be at large outside of the approved confinement and upon other property, including the property of the owner, or within the premises of the owner in such manner as to endanger any person lawfully entering such premises.
E. “Harboring” of an inherently dangerous animal means to allow an inherently dangerous animal to remain, lodge, be fed, or to be given shelter or refuge within the person’s home or any other premises in which the person resides or over which the person has control.
F. “Animal control authority” is defined in SMC 10.03.010(A).
[Ord. C32715; Passed: 9/25/2000]
10.24.110 Harboring of an Inherently Dangerous Animal Prohibited.
The harboring of an inherently dangerous animal within the city is prohibited unless a person harbored the inherently dangerous animal within the city prior to the effective date of this article and promptly acts to satisfy the licensing requirements of this article. No additional inherently dangerous animals shall be permitted to be harbored within the city.
[Ord. C32715; Passed: 9/25/2000]
10.24.120 Exemptions.
A. The following are exempt from all provisions of this article with the exception of SMC 10.24.170 regarding the prohibition of inherently dangerous animals at large:
1. any facility accredited by the Association of Zoos and Aquariums (AZA);
2. any licensed or accredited research or medical institution;
3. any licensed or accredited educational institution;
4. a veterinary clinic in possession of an inherently dangerous animal for treatment or rehabilitation purposes;
5. a traveling circus or carnival as long as the circus or carnival does not maintain a permanent location within the city; and
6. a person temporarily transporting an inherently dangerous animal through the city if the transit time is not more than twenty-four hours and the animal is at all times maintained within a confinement sufficient to prevent the animal from being at large.
B. Exemption under this section does not excuse compliance with all other applicable federal, state and local regulations, including but not necessarily limited to RCW chapter 16.52, concerning the prevention of cruelty to animals.
[Ord. C32715; Passed: 9/25/2000]
10.24.130 Licensing of Inherently Dangerous Animals Required.
A. A person who harbored an inherently dangerous animal within the city prior to the effective date of this article must, within sixty days of the effective date, acquire a license from the animal control authority permitting the continued possession of that animal.
B. The license is a class IID license under SMC chapter 4.04.
C. The license expires one year after issuance and must be renewed annually before expiration.
D. The license to harbor an inherently dangerous animal is not transferable to any other individual, regardless of any relationship to the owner, or to any other location within the city.
E. If there is a change in ownership or location of an inherently dangerous animal or if a license is not timely renewed, the license is permanently revoked and the animal must immediately be permanently removed from the city. Once an animal has been relocated outside of the city, it may never again be located within the city.
[Ord. C32715; Passed: 9/25/2000]
10.24.140 License Application.
A. To obtain a license to harbor an inherently dangerous animal within the city the animal’s owner must file a written application with the animal control authority establishing to the authority’s satisfaction that:
1. The owner is at least eighteen years of age;
2. The owner was harboring the animal within the city prior to the effective date of this article; and
3. The animal has been identified by micro-chipping when possible, or other forms of identification acceptable to the animal control authority;
4. The animal will be harbored within a confinement that will ensure that:
a. The animal will not be able to escape the confinement,
b. Invitees to the premises will not be harmed by the animal,
c. The animal is maintained in a safe and humane condition;
B. The application must be accompanied by:
1. a statement indicating the species of the animal;
2. front and profile photographs of the animal and a description of any other identification, such as tattooing;
3. a legal or otherwise adequately precise description of the premises upon which the animal will be harbored;
4. written acknowledgment from the property owner, in the event that the applicant is not the owner of the harboring premises, that the applicant has permission to harbor an inherently dangerous animal and to make any modification necessary to create an approved confinement;
5. a map or diagram showing the improvements upon the property and showing where the animal will be housed;
6. a description of how the animal will be confined, with drawings as necessary showing the dimensions of the materials comprising the confinement, showing that:
a. the animal will not be able to escape the confinement,
b. invitees to the premises will not be harmed by the animal,
c. the animal is maintained in a safe and humane condition;
7. a copy of a sign to be posted on the premises, in a conspicuous manner, which notifies the public of the presence of an inherently dangerous animal at that location and the type of animal;
8. proof of either a surety bond issued by a surety insurer qualified under RCW chapter 48.28 in a form acceptable to the animal control authority or a policy of liability insurance issued by an insurer qualified under RCW title 48 in the amount of one hundred thousand dollars per inherently dangerous animal with a maximum of three hundred thousand dollars per premises, which shall be written to cover any acts of the inherently dangerous animal, and the surety bond or certificate of insurance shall be immediately submitted to the animal control authority for approval, and which proof of surety bond or liability insurance shall provide that the director of the animal control authority as the person to be notified ten days in advance of the cancellation of the surety bond or liability insurance for any reason;
9. the nonrefundable license fee provided in SMC 8.02.082; and
10. all other information requested by the animal control authority as deemed necessary to assist in determining whether the license should be issued.
C. The animal control authority may establish rules and regulations based upon the safety requirements of the confinement as they pertain to the physical nature of the confinement in order to assure that the safety requirements of the this section are satisfied.
D. Failure to comply with the licensing requirements set forth in this article will result in the permanent revocation of the license and the confiscation of the inherently dangerous animal.
[Ord. C32715; Passed: 9/25/2000]
10.24.150 Inspection of Premises.
As part of the license application review process, during the renewal of the license and at any other time in the discretion of the animal control authority, between the hours of seven a.m. and nine p.m., the authority, or an agent thereof, inspects the premises where the animal is to be harbored to insure satisfaction of the requirements of this article.
[Ord. C32715; Passed: 9/25/2000]
10.24.160 Restrictions on Licensee.
A. At all times the animal must be on its owner’s premises, as approved in the license, in its approved confinement except when being transported for veterinarian or medical treatment. No animal may be exhibited off the licensed premises.
B. The licensee must at all times be in compliance with all conditions of the license.
[Ord. C32715; Passed: 9/25/2000]
10.24.170 Inherently Dangerous Animal At Large Prohibited.
No person harboring an inherently dangerous animal may permit or allow the animal to be at large. Allowing an inherently dangerous animal to be at large shall result in the immediate and permanent revocation of the license.
[Ord. C32715; Passed: 9/25/2000]
10.24.180 Notice of Violation, Revocation of License and Confiscation of Inherently Dangerous Animal.
A. When an animal control officer has probable cause based upon his or her records or investigation to believe that the owner of an inherently dangerous animal has permitted the animal to be at large, failed to license or renew a license, failed to maintain the conditions established for harboring an inherently dangerous animal, harbors an unlicensed inherently dangerous animal, or violates any other provision of this article, the animal control authority shall immediately confiscate the animal.
B. The inherently dangerous animal will be sheltered, at the owner’s expense, either at the animal control authority’s shelter or at an alternative shelter selected at the animal control authority’s discretion for a period of fourteen days from the date the owner received notice of the confiscation. The owner shall begin paying shelter costs within five days of confiscation and shall continue to pay in five-day increments. The shelter costs shall be based upon actual costs for housing the specific type of inherently dangerous animal in a safe and humane manner.
C. If the owner fails to remain current on payment of shelter costs, the animal control authority shall discontinue holding the animal and shall, at its discretion, either euthanize the animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility.
D. Any time during this fourteen-day period, the owner shall have the opportunity to permanently relocate the inherently dangerous animal to a location outside of the city. If after fourteen days from the date the owner received notice of the confiscation the owner has failed to permanently relocate the animal to a location outside of the city, the animal control authority shall, at its discretion, either euthanize the animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility.
E. The animal control authority shall serve the owner, within five days of the confiscation, with notice that the animal has been confiscated. The notice shall be served either in person or by regular and certified mail, return receipt requested, to the address listed on the license. Service, if by mail, shall be considered completed three days after mailing of the notice. The notice shall state:
1. that the inherently dangerous animal was confiscated,
2. the reason for the confiscation,
3. that the owner shall be responsible for the shelter costs,
4. that the owner shall have the opportunity to permanently relocate the inherently dangerous animal to a location outside of the city,
5. that if after fourteen days after the owner was served with the notice the inherently dangerous animal has not been relocated, the animal control authority shall, at its discretion, either euthanize the animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility, and
6. an explanation of the owner’s rights and proper procedure to appeal the confiscation of the inherently dangerous animal.
[Ord. C32715; Passed: 9/25/2000]
10.24.190 Appeals.
The owner of an inherently dangerous animal may appeal the confiscation of the animal or the revocation or denial of a license to the City’s hearing examiner. An appeal must be filed with the hearing examiner’s office within fourteen days of receiving notice of the confiscation. An appeal shall not proceed until the owner has paid all costs associated with housing of the inherently dangerous animal if applicable. The owner shall pay shelter costs in five-day increments. If the owner fails to remain current on payment of shelter costs, the appeal shall be terminated and the animal control authority shall, at its discretion, either euthanize the inherently dangerous animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility.
A decision of the hearing examiner may be appealed to the Spokane County superior court within fourteen days of the decision being issued. The animal control authority shall refrain from euthanizing an inherently dangerous animal or giving the animal to a licensed animal refuge facility pending a decision of the hearing examiner or the issuance of a restraining order from superior court.
[Ord. C32715; Passed: 9/25/2000]
10.24.200 Relocation of Inherently Dangerous Animals.
A. Whenever an inherently dangerous animal, which has been confiscated by the animal control authority, is to be relocated by the owner pursuant to this article, the owner shall provide the animal control authority with the location of where the animal will be relocated along with documentation that inherently dangerous animals are permitted at this location. If the inherently dangerous animal is to be relocated in the unincorporated portion of Spokane County, the owner shall provide the animal control authority with proof that the Spokane County Animal Control Authority has granted approval for that animal at the relocation site. The owner shall be responsible for having the animal permanently identified with micro-chipping or other forms of identification acceptable to the animal control authority prior to the animal being relocated.
B. If the owner fails to or is unable to relocate the inherently dangerous animal within the time period allowed under this article, the animal control authority shall, at its discretion, either euthanize the animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility.
C. If an inherently dangerous animal that has been relocated outside of the city is again found to be within the city, the animal control authority shall confiscate the animal and, at its discretion, either euthanize the animal in an expeditious and humane manner or give the animal to a licensed animal refuge facility.
[Ord. C32715; Passed: 9/25/2000]
10.24.210 Misdemeanor.
In addition to the administrative penalties provided in SMC 10.24.180, harboring an inherently dangerous animal without a license, failing to license or renew a license of an inherently dangerous animal, or permitting an inherently dangerous animal to be at large is a misdemeanor.
[Ord. C32715; Passed: 9/25/2000]
10.24.900 Spaying and Neutering Services.
A. The City of Spokane does establish that three dollars of every dog and cat license shall be set aside each and every year to be used solely for the purpose of implementing a spaying and neutering program of licensed dogs and cats residing within the city limits of Spokane. The City shall develop a spaying and neutering program which shall determine the requirements to participate in the program.
B. Spaying and neutering of licensed dogs and cats will be voluntary with the animals owner.
[Ord. C32375; Passed: 4/5/1999]
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