Not an official copy.
City of Brier
ORDINANCE NO. 145.C
AN ORDINANCE OF THE CITY OF BRIER, WASHINGTON, PROVIDING FOR THE REGULATION OF ANIMALS UNDER THE POLICE POWERS OF THE CITY OF BRIER; GRANTING OWNERS OF ANIMALS REASONABLE UTILIZATION THEREOF; PROVIDING FOR THE HEALTH, SAFETY, WELFARE AND GENERAL PROTECTION OF HUMAN RESIDENTS, ANIMALS, AND PROPERTY WITHIN THE CITY OF BRIER; PRESCRIBING PENALTIES FOR VIOLATIONS; AMENDING AND REPEALING THOSE CERTAIN SECTIONS OF ORDINANCE NO.145.B.
WHEREAS, Ordinance No. 145.B, Codified as Title 6, Chapter 04 and;
WHEREAS, after review of the City of Brier Municipal Codes, Title 6, Animals, a determination was made to make certain revisions, updates as well as additions and,
WHEREAS, while in the process of decriminalizing certain ordinances of the City of Brier, it is necessary to establish fines for non-traffic civil infractions.
NOW, THEREFORE, The City Council of the City of Brier, Washington, does hereby ordain as follows:
Section 1 Title 6, Chapter 04 as codified is hereby revised with Section 6.04.050 repealed and adding a new Section 6.04.360 along with other revisions. The full text of Title 6, Chapter 04 shall read as follows:
Title 6
ANIMALS
Chapters:
6.04 Animal Control
Chapter 6.04
ANIMAL CONTROL
Sections:
6.04.010 Purpose.
6.04.020 Definitions.
6.04.030 License--Required.
6.04.040 License--Exclusions.
6.04.050 Repealed
6.04.060 License--Issuance--Fees.
6.04.070 License--Failure to obtain--Penalty.
6.04.080 Running at large--Prohibited.
6.04.090 Running at large--Right of entry.
6.04.100 Impoundment--Nuisance animals.
6.04.110 Impoundment--Interference with prohibited.
6.04.120 Impoundment--Sick or injured animals.
6.04.130 Impoundment--Redemption.
6.04.140 Impoundment--Notice.
6.04.150 Impoundment--Fees.
6.04.160 Finding of animals.
6.04.170 Number permitted.
6.04.180 Exotic animals.
6.04.190 Wild animals.
6.04.200 Guard dogs.
6.04.210 Slaughtering.
6.04.220 Livestock.
6.04.230 Confinement of animals in heat.
6.04.240 Cleaning up after animals.
6.04.250 Mistreatment or permitting fights prohibited.
6.04.260 Abandonment prohibited.
6.04.270 Circuses and animal exhibitions.
6.04.280 Poisoning.
6.04.290 Confinement in vehicle.
6.04.300 Provision of adequate food, water and shelter.
6.04.310 Care and sanitation for confined animals.
6.04.320 Hitting animal with vehicle--Report required.
6.04.330 Nuisances--Generally.
6.04.340 Nuisances--Abatement procedure.
6.04.350 Vicious animals.
6.04.360 Dangerous dogs.
6.04.370 Bite reports.
6.04.380 Rabies control.
6.04.390 Violation--Penalty.
6.04.400 Liability for Injury
6.04.010 Purpose. It is declared the public policy of the city to secure and maintain such levels of animal control as will protect human health and safety, and to the greatest degree practicable, prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of licensing dogs and cats, and to provide rules regulating these and all other animals so that they do not become public nuisances and are not the victims of cruelty. (Ord. 145.B §1, 1986)
6.04.020 Definitions. As used in this chapter:
A. "Adult dog or cat" means any dog or cat over the age of six months.
B. "Animal" means any living vertebrate creature, reptile or bird, except man.
C. "Animal at large" means any animal not confined to the premises of its owner, unless restrained by a leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a person, or which enters upon public property or rights-of-way or upon land of another person without authorization of that person.
D. "Animal control authority" means the person, association or corporation appointed or authorized (including contractual authorization) by the mayor of the city and/or chief of police to carry out the duties of the animal control officer and enforcement under this chapter.
E. "Animal control officer" means any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable, or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal.
F. "Animal exhibition" means public display of any living animal in the promotion of entertainment, education, advancement or commercial enterprise.
G. "Animal kennel or cattery" means any facility, residence, site or area wherein four or more dogs or cats of adult age are kept, harbored or contained under common responsibility, ownership, or which provides care, training of whatever nature, or breeding services whether for gain or not.
H. "Dangerous dog" means:
1. Any dog with a known propensity, tendency or disposition to attack without provocation, to cause injury to or otherwise endanger the safety of humans or other domestic animals; or
2. Any dog which attacks a human being or other domestic animal without provocation; or
3. Any dog over the age of six months known by the owner to be a pit bull terrier, which is defined as any American pit bull terrier or Stafford shire pit bull terrier or American Stafford shire terrier breed of dog or mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier, Stafford shire pit bull terrier or American Stafford shire terrier as to be identifiable as partially of the breed of American pit bull terrier, Stafford shire bull terrier or American Stafford shire terrier.
I. "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness.
J. "Exotic" means any animal not otherwise defined in any of the definitions contained in this section.
K. "Guard dog" means any member of the dog family which has been trained or represented as trained to protect persons and/or property by virtue of exhibiting hostile tendencies and aggressiveness to unauthorized persons.
L. "Inhumane treatment" means any act, omission or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.
M. "Livestock" means horses, ponies, donkeys, mules, jackasses, bovine animals, sheep, goats, swine, domestic fowl and fur bearing animals.
N. "Owner" means any person or legal entity having an interest in or right of possession to an animal or any person having control, custody or possession of any animal, or who harbors, cares for, exercises control over, or permits any animal to remain on premises occupied by him or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner.
O. "Poultry" means domestic fowl normally raised for meat or eggs, chickens, turkeys, ducks and geese.
P. "Sexually neutered" means medically determined to be incapable of reproduction.
Q. "Vicious animal" means an animal that is dangerously aggressive to humans or other animals or has the propensity to do any act that might endanger the safety of any person, animal or property of another, including, but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play or outbreak of untrained nature.
R. "Wild animal" means any animal living in its natural state and native to the United States and not
normally domesticated, raised or bred by humans. (Ord. 145.C 2000)
S. A dangerous dog is "unconfined" if such dog is not securely confined indoors or confined in a
securely enclosed and locked pen or structure upon the premises of the owner of such dog. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground no less than one foot.
6.04.30 License--Required.
A. All dogs harbored, kept or maintained within the city, six months or older, shall be licensed and registered within thirty days of acquisition by the owner. Licenses shall be issued upon payment of the fees required by 3.04 Fee Schedule for City Administrative Services.
B. Adult cats shall be licensed for identification purposes by payment of the fee provided in 3.04 Fee Schedule for City Administrative Services.
6.04.040 License--Exclusions. The licensing provisions of this chapter shall not apply to the following dogs:
A. Dogs whose owners are nonresidents temporarily within the city for three months or less;
B. Dogs who have been brought into the city for the purpose of participating in any dog show. (Ord.
145.B §3C, 1986)
C. Any animal used by law enforcement, search and rescue agencies or other animals under the
ownership and control of law enforcement or other agency.
D. Seeing Eye dogs properly trained to assist blind persons, when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place.
E. Dogs properly trained to assist hearing-impaired persons, when such dogs are actually being
used by hearing-impaired persons for the purpose of aiding them.
6.04.050
6.04.060 License--Issuance--Fees. The police department, or such other person, firm or entity as is designated by the city council by contract or otherwise, shall issue dog license upon payment of fee as provided in 3.04 Fee Schedule for City Administrative Services. Upon issuance of a license, a metal tag with a number corresponding to the number of the application shall be furnished to the applicant.
A. License tags shall be securely displayed on animals at all times except as the animals may be exempt from licensing requirements.
B. Licenses are not transferable to another animal.
C. All licenses for all animals shall be valid for one calendar year commencing January 1st of each year and expiring on December 31st of each year. Cat identification tags shall be valid for the life of the animal. All other license fees are due annually in accordance with this section.
6.04.070 License--Failure to obtain--Penalty. All animals not licensed under this chapter, or which do not exhibit the required metal identification tag are declared to be public nuisances, and the city may, at its discretion, impound and restrain the animals for a period of fourteen days, (except Saturday, Sunday and holidays), and/or issue a citation to the owner. If not redeemed within the fourteen-day period, the animal control authority may dispose of said animal. (Ord. 145.C 2000)
6.04.080 Running at large--Prohibited. It shall be unlawful for any domestic or exotic animal or livestock of any kind to run at large during any hour of the day or night, provided that this section shall not apply to dogs which are in special areas designated and posted by the chief of police as dog training areas so long as the regulations of chief of police with respect to the use of such areas are complied with and such dogs are under the custody and control of their trainer. (Ord. 145.C 2000)
6.04.090 Running at large--Right of entry. The animal control officer or any other law enforcement officer may in fresh pursuit, pursue any sick, dangerous or vicious animal running at large, onto private property in an attempt to take up and impound said animal. (Ord. 145.C 2000)
6.04.100 Impoundment--Nuisance animals. Any animal, which is found to be a nuisance and whose owner has failed to abate such nuisance after notification as provided by this chapter and which, as a result has been impounded, shall become the property of the city. (Ord. 145.B §17D, 1986)
6.04.110 Impoundment--Interference with prohibited. No person shall wilfully do the following:
A. Prevent or hinder the impounding of any animal found in violation of the provisions of this chapter;
B. Remove any animal from the public pound within the authority of the chief of police, the animal control authority, or the officer in charge of the pound;
C. Remove any animal from the public pound without paying all of the charges against the animal;
D. Resist or obstruct the animal control authority in the performance of his duties. (Ord. 145.B §17E, 1986)
6.04.120 Impoundment-Sick, Dangerous, Vicious or injured animals. When in the judgment of a licensed
veterinarian or the animal control authority an animal should be destroyed for humane reasons, or for the safety and well being of the community, such animal may not be redeemed. The animal control authority or its agents, shall not be held liable for the destruction of said animal. Before such licensed animal is destroyed, the animal control authority, or its agents, shall take reasonable steps to serve the owner with a notice of destruction, informing him that his animal is going to be destroyed and of the owner's right of appeal. Upon such notice, the owner may appeal the decision to destroy the animal to the superior court within fourteen days of notice by the city. Destruction of the animal shall be stayed for the appeal period if the owner served the city with a notice of appeal within ten (10) days of receipt of the city's notice of destruction. If the superior court holds that the animal should be destroyed, the owner shall pay all costs and fees for board and care of the animal. (Ord. 145.C 2000)
6.04.130 Impoundment--Redemption. If, at any time before disposal by the city, the owner of animals so impounded shall claim the same, he shall be entitled to the possession thereof, providing the animal has not been declared to be a nuisance, dangerous or vicious upon payment of all charges and expenses incidental to such taking up and keeping of said animal. (Ord. 145.C 2000)
6.04.140 Impoundment--Notice. When any licensed animal is impounded, the officer or department impounding such animal shall attempt to give notice the same day by mail, or by leaving written notice on the address contained in the license application, or by telephone, to the owner, informing him of the impoundment of such animal and the reason therefore. It shall, however, be the entire responsibility of the owner to ascertain that an animal has been impounded and to take such measures as are necessary for redeeming such animal. Neither the city, nor any officer or agent of the city, shall be responsible for failing to notify any animal owner under this chapter. (Ord. 145.B §17A, 1986)
6.04.150 Impoundment--Fees. In addition to the costs of publication of any notice as required by this section, the animal control authority shall be entitled to charge fees under this section as set forth under 3.04 Fee Schedule for City Administrative Services:
A. Care of Animal Per Day. This shall be the costs assessed by the agency contracting with the City
of Brier for care, feeding and boarding of impounded animals. (Ord. 145.C 2000)
6.04.160 Finding of animals. A. Any person who finds and harbors a dog, cat, poultry or livestock, without knowing the animal owner's identity, shall notify the police department and furnish a description of the animal. The finder may surrender the animal to the department or retain its possession, subject to demand of the department. Records of reported findings shall be retained by the department and made available to public inspection.
B. Any finder wishing to retain permanent possession of the animal, in addition to reporting as provided in this section, shall, within fifteen days of the finding, cause to be published in any newspaper of general circulation once each week for two consecutive weeks, notice of the finding with a description of the animal. If, within thirty days of the finding report made to the department, no person makes claim upon the finder for return of the animal, the finder who retains possession shall obtain a license as required by this chapter and thus become the legal owner. (Ord. 145.B §12F, 1986)
6.04.170 Number permitted. No person shall keep more than three cats or three dogs or three of each that are over six months of age on any premises in the city, except as allowed with a conditional use permit and upon payment of the annual kennel license fee. (Ord. 145.B §18, 1986)
6.04.180 Exotic animals. The owner of an exotic animal must keep the animal, at all times, contained within a fence or cage consistent with the age, size and species of the animal, such that the animal cannot run at large. (Ord. 145.B §5, 1986)
6.04.190 Wild animals. No person shall own any wild animal unless he has obtained a permit from the State Game Department and/or Federal Fish and Wildlife Service; provided, that the animal control authority may allow a person to temporarily care for an infant or injured wild animal native to this area which is homeless while the person acquires the necessary state and/or federal permits. (Ord. 145.B §6, 1986)
6.04.200 Guard dogs. Guard dogs shall be kept contained within a building or on a leash under the control of a person, or enclosed within a six-foot solid or chain-link fence and of sufficient height to prevent the dog from reaching persons off the property. The owner shall restrain the guard dog in such a manner that the dog is unable to reach those persons using the normal ingress and egress to and from the property. The owner shall post signs in two conspicuous places on the property warning that a guard dog is on the premises. The owner must indicate at the time of obtaining a dog license that the dog is a guard dog. (Ord. 145.B §7, 1986)
6.04.210 Slaughtering. No person shall kill or slaughter, within the city, any animal or animals, the flesh of which is intended to be sold or offered for sale or consumption. (Ord. 145.B §22, 1986)
6.04.220 Livestock. A. Required Open Space and Minimum Dimensional Requirements for Pasturing. There shall be not less than ten thousand square feet of open space for maintaining and pasturing the first livestock animal on any parcel of property, and an additional five thousand square feet shall be required for each additional livestock animal. In addition, the following minimum dimensional requirements for open space and pasturing purposes shall be provided:
1. The pasture area shall have a minimum width of eighty feet;
2. The stable housing the livestock animals shall be set back at least thirty feet from any side, rear and front property lines;
3. In the event any livestock animal gives birth, thereby exceeding the number of livestock animals allowed by the minimum set forth in this subsection, the owner of said livestock animal and/or the occupier of the premises shall conform to the number of livestock animals for the dimensional requirements within one year of the birth of the animal.
B. Fencing. The owner and/or tenant and/or other occupier of the premises upon which any livestock animal is maintained for more than seven consecutive days within the city limits shall provide adequate fencing in a good state of repair to guarantee the confinement of said animal within the fence, which fence shall completely enclose an area adhering to the minimal dimensional requirements.
C. Waste Disposal. The owner of each livestock animal and the owner and/or occupier of the premises upon which said animal is maintained within the city limits shall guarantee and, at all times, maintain the premises upon which the livestock animal is maintained in a sanitary and neat condition, including, but not limited to, disposal of manure or other waste material from said animal. An unreasonable accumulation of flies or other insects or pests within the property on which said animal is maintained, and/or noxious or offensive odors, or the unreasonable accumulation of flies, insects or other pests transcending into neighboring or vicinal real property, shall be presumed to be inadequate sanitary conditions. (Ord. 145.B §19, 1986)
6.04.230 Confinement of animals in heat. Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that the female dog or cat cannot come into contact with another animal except for planned breeding. (Ord. 145.B §14, 1986)
6.04.240 Cleaning up after animals. Every person who owns or who has under his control or care any animal shall be responsible for picking up and immediately removing any offal or manure left by any such animal upon any public place or private property not owned by him or her. Any person who fails to pick up and remove immediately any offal or manure left by an animal under his control shall be subject to a class "A" Civil Infraction.
6.04.250 Mistreatment or permitting fights prohibited. No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dog fight, cockfight, bullfight, or other combat between animals or between animals and humans. Anyone who permits such conduct on premises under his control, and any person present as a spectator at such exhibition shall also be deemed a violator of this subsection and subject to punishment therefore. (Ord. 145.B §12B, 1986)
6.04.260 Abandonment prohibited. No animal shall be abandoned nor left unattended for more than twenty-four consecutive hours without adequate care. (Ord. 145.B §12H, 1986)
6.04.270 Circuses and animal exhibitions. No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemicals, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. (Ord. 145.B §12E, 1986)
6.04.280 Poisoning. No person shall lay out or expose any kind of poison or leave exposed any poisonous food or drink for man, animal or fowl, or any substance or fluid whatever, whereon or wherein there is or shall be deposited or mingled, any kind of poison or poisonous or deadly substance or fluid whatsoever, on the premises of another or in any unenclosed place, or aid or abet any person in doing so. (Ord. 145.B §12D, 1986)
6.04.290 Confinement in vehicle. No person shall confine an animal within or on a motor vehicle at any location under such conditions that may endanger the health or well being of the animal, including but not limited to extreme temperatures, lack of food, water or attention, or confinement with a dangerous animal. Any animal control or police officer is authorized to remove any animal from a motor vehicle, at any location, when he/she reasonably believes it is confined in such conditions as described in this section. Any animal so removed shall be delivered to the animal control shelter after the removing officer leaves written notice of such removal and delivery, including the officer's name, in a conspicuous, secures location on or within the vehicle. (Ord. 145.B §12A, 1986)
6.04.300 Provision of adequate food, water and shelter. Every animal shall be provided with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care, when needed to prevent suffering, and humane care and treatment. (Ord. 145.B §15, 1986)
6.04.310 Care and sanitation for confined animals. A. Any person who confines any animals shall supply the same during such confinement with clean, adequate shelter from the weather and a sufficient daily quantity of food and water.
B. Whoever keeps, uses, or maintains within the city any pen, stable, lot, place or premises in which any animal or fowl may be confined, in such manner as to be nauseous, foul or offensive, or which for any cause becomes an annoyance to any person, family or community, is deemed to be maintaining a nuisance and is subject to the penalties prescribed in Section 6.04.330 of this chapter. (Ord. 145.B §§21, 23, 1986)
6.04.320 Hitting animal with vehicle--Report required. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; in the event that the owner cannot be ascertained and located, such operator shall at once report the accident to the Brier animal control or the police department. (Ord. 145.B §12C, 1986)
6.04.330 Nuisances--Generally. A. Every owner of an animal shall exercise proper care and control of his animal to prevent animals from becoming a public nuisance. Excessive or untimely barking, whining, screeching, howling, caterwauling, crowing, braying or other like sounds which extend beyond the boundary of the owner's property, or molesting passersby, chasing vehicles, attacking other domestic animals, depositing excretory matter on property other than that of the owners, damaging property and running at large, shall be deemed a nuisance.
B. It shall be unlawful for an animal, which has the propensity to bite or attack human beings to run loose on or within the owner's premises in such a manner as to endanger the safety of any person lawfully entering such premises . Failure to properly restrain such animal as stated in this Title, shall constitute a misdemeanor and shall also constitute a nuisance. (Ord. 145.C 2000)
6.04.340 Nuisances--Abatement procedure.
A. Violations of the provisions of subsection B of this section are determined to be detrimental to the public health, safety and welfare and are declared to be public nuisances. The animal control authority shall serve notice upon the owner of such animal that such nuisance must be abated. Failure to abate such nuisance if such nuisance is found to exist by a court of law, shall be deemed a violation of this chapter and, in addition to the penalties provided for violation of this chapter, the animal may be impounded. Service of a notice of abatement shall not be a precondition of other enforcement action if another action is available with this chapter.
B. Violations to be Abated.
1. Any public nuisance relating to animal control known as at common law or an equity jurisprudence;
2. Any domesticated animal, which chases, runs after or jumps at vehicles using the public streets or alleys;
3. Any domesticated animal, which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, or other public ways;
4. Any animal which exhibited vicious propensities and which constitutes a danger to the safety of persons or property off of his premises or lawfully on his premises;
5. A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner's premises not securely leashed, on a line, or confined and in the control of a person of suitable age and discretion to control or restrain such animal;
6. Any domesticated animal which howls, yelps, whines, barks, or makes other oral noises in such a manner as to disturb any person or neighborhood to an unreasonable degree;
7. Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian;
8. Animals running in packs or groups of two or more; and
9. Any animal, which is found to violate any provision of this chapter three or more times within a one-year period. (Ord. 145.B §16, 1986)
6.04.350 Vicious animals. A. It is unlawful for any person having care, custody or control of any animal which is known to be vicious, or which, in the exercise of reasonable care, should be known to be vicious, to fail to restrain such animal in such a manner that the animal is unable to reach those persons utilizing the normal ingresses and egresses to and from the premises where such an animal is maintained; or to fail to post signs in two conspicuous places upon the premises, warning those persons who may come upon or near the premises, of the existence of the vicious animal. A fence surrounding the animal of sufficient height to prevent the animal from reaching persons off the property shall be required at all times.
B. It shall be unlawful for Any animal which is known to be vicious, or which, in the exercise of reasonable care, should be known to be vicious, which is not restrained in the manner provided for in this section, is declared to be a public nuisance and may be impounded and destroyed by the city as provided in this chapter.
6.04.360 Dangerous dogs.
A. It is unlawful for an owner to have a dangerous dog in the city of Brier without a certificate of
registration issued under this section. This section shall not apply to police dogs as defined in RCW 4.24.410.
B. The owner of a dangerous dog as defined in this chapterr shall not remove, permit or by
action or inaction, allow such dog to go beyond the premises of such owner unless the dog is securely leashed and muzzled or otherwise securely restrained and muzzled.
C. The owner of any dangerous animal, as defined by this chapter, shall comply with the following:
(a) Construct a proper enclosure to confine a dangerous dog and
post the premises with a clearly visible warning
sign that there is a dangerous dog on the property. In
addition, the owner shall conspicuously display a sign with
a warning symbol that informs children of the presence of a
dangerous dog; and comply with BMC 6.04.020
(b) Obtain and provide proof to the animal control authority a surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least fifty thousand dollars, payable to any person injured by the vicious dog;
D. The failure of an owner of a dangerous animal to comply with the provision of this section shall be guilty of a gross misdemeanor and in addition, shall be subject to any other provision allowed by law or as allowed under RCW 16.08.100 and as amended. The animal shall further be declared a nuisance and subject to the provision of Title 6.04.
6.04.370 Bite reports. Every animal, which bites a person or domestic animal, shall be promptly reported to the animal control authority and shall thereupon be securely quarantined at the direction of the animal control authority for a period of ten days. At the discretion of the animal control authority, such quarantine may be on the premises of the owner, at the shelter designated as the city's animal shelter, or, at the owner's option and expense, in a veterinary hospital of the owner's choice. In the cases of animals whose ownership is not known, such quarantine shall be at the shelter designated as the city animal shelter or veterinary hospital. (Ord. 145.B §9, 1986)
6.04.380 Rabies control. A. Whenever it becomes necessary to safeguard the public from the dangers from rabies or other communicable disease, the city council, if it deems it necessary for the public health and safety, shall pass a resolution ordering every person owning or keeping the infected type animal to confine it securely on its premises unless such animal has a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled animal running at large during the time of the proclamation shall be seized and impounded. All animals noticeably infected with rabies shall be killed by the animal control authority or by any police officer, without notice to the owner. Animals impounded during the first two days of such proclamation shall, if claimed within five days, be released to the owner, unless infected, upon payment of the fees and charges provided for in this chapter. If unclaimed after that period, such animal may be summarily destroyed.
B. If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be muzzled and confined on the owner's residence and shall be subject to examination and observation of an veterinarian at the expense of the owner for a period of two weeks. The owner shall notify the city of the fact that his animal has been exposed to rabies and, at his discretion, the animal control authority is empowered to have such animal removed from the owner's residence to a veterinary hospital and there placed under observation for a period of up to two weeks at the expense of the owner.
C. It is unlawful for any person knowing or suspecting an animal has rabies to allow such animal to be taken off its premises or beyond the limits of the city without the written permission of the animal control authority. Every owner or other person, upon ascertaining an animal is rabid, shall immediately notify the animal control authority or police officer, who shall either remove the animal to the pound or summarily destroy it. (Ord. 145.B §§10, 11, 1986)
6.04.390 Violation--Penalty
A. Violations of 6.4.030, 6.04.070, 6.04.080, 6.04.230, 6.04.240
6.04.300, 6.04.310, 6.04.330, 6.04.340 upon first offense where there is no injury to persons or property or the animal, occurs shall be a Class A civil infraction . A second offense, where there is no injury to persons or property or the animal, shall be a Class B civil infraction . Third offenses, where there is no injury to persons or property or the animal, shall be a Class C Civil Infraction. The fourth and subsequent offense shal be punishable as a misdemeanor. These fines shall be in addition to any other remedey allowed by this chapter.
B. Violations of any of the provisions cited in section A, where
there is injury to persons or property or the animal, or violations of 6.04.170, 6.04.180, 6.04.190, 6.04.200, 6.04.210, 6.04.250, 6.04.260, 6.04.270, 6.04.280, 6.04.290, 6.04.300, 6.04.350, 6.04.360, 6.04.370 shall be a criminal misdemeanor punishable by a fine of up to $1,000.00 and one year in jail in addition to any other penalty or remedy afforded by this chapter.
C. If a dangerous dog of an owner with prior convictions under this chapter, or RCW 16.08, attacks
or bites any domestic animal, the dog's owner is guilty of a Gross misdemeanor. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
6.04.400 Liability for Injury by dogs
The owner or keeper of animal shall be liable to the person injured or property owner injured by such dog arising as a result of the action of the animal and shall pay medical expenses as well as other costs, damages, fees and assessments as are allowed by law.
Section 2 Should any article, section, subsection, paragraph, clause, sentence, or phrase of this Ordinance, or Title 6, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or Title 6.
Section 3 This Ordinance shall become effective five (5) days after passage posting and publishing as required by law.
Passed by the City of Brier, City Council and signed into authentication this 8th day of February 2000.
APPROVED:
____________________________
MAYOR WAYNE E. KASKE
ATTEST:
_____________________________
CITY CLERK
DRAFTED: 12/20/99
INTRODUCED: 01/04/00
REDRAFTED: 01/07/00
REINTRODUCED: 02/01/00
PASSED: 02/08/00
POSTED: 02/09/00
PUBLISHED: 02/11/00