Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2757
ORDINANCE NO.2757 ^AN ORDINANCE REPEALING CHAPTER 6.05 TITLED "ANIMAL CONTROL"AND ADOPTING NEWCHAPTERS 6.02 TITLED "DEFINITIONS",6.04TITLED"LICENSE REQUIREMENTS",6.06 TITLED "RABIES CONTROL",6.08 TITLED "IMPOUNDS", 6.10 TITLED "DANGEROUS DOG AND POTENTIALLY DANGEROUS DOG",6.14 TITLED"MISCELLANEOUS PROVISIONS",6.16 TITLED"EXOTIC ANIMALS",AND 6.18 TITLED "PENALTIES AND ENFORCEMENT" THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS: Section 1.Chapter 6.05 of the Moses Lake MunicipalCode titled"AnimalControl" is repealed in its entirety. Section 2.Chapter 6.02 of the Moses Lake Municipal Code titled "Definitions"is created as follows: CHAPTER 6.02 DEFINITIONS 6.02.010 Definitions:When used in this title,the following words shall have the following meanings: A."Abandonment"means leaving of an animal by its owner or owners orotherperson or persons responsible for its care or custody without making effective provisions for its proper care. B. "Animal"means any animal other than humans. C. "Animal Shelter"means the facility designed by the City for the boarding and caring of any animal impounded under the provisions of this chapter or any other ordinance or law of the State of Washington. ^^^D."Cats"means any animal of the species Felidae,regardless of sex. E."Common Areas of a Condominium,Town House,or Apartment Buildings"means and includes but is not limited to the yards,grounds,patios,garden areas,play areas,clubhouses, swimming pools,sidewalks,walkways,common garage areas,entryways,hallways,and driveways. F. "Community Services Officer"meansany person or personsempowered bythe Cityto enforce the provisions of this chapter. G. "Dogs"means any animal of the species Canidae,regardless of sex. H. "Dog Owner"means any person,firm,partnership,corporation,trust arrangement,or the like who owns,keeps,or harbors a dog or dogs."Dog Owner" or "Owner" for purposes of this Chapter means persons who are at least eighteen (18)years old. I."Exotic Animal"means any animal which,when in its wild state,or due to its size,habits, natural propensities,training or instinct,presents a dangeror potential dangerto human beings and is capable of inflicting serious physical harm upon human beings, and includes inherently dangerous mammals and reptiles as follows: 1. "Inherently dangerous mammal"means any live member of the Canidae,Felidae, or Ursidae families, including hybrids thereof,which,due to their inherent nature,may be considered dangerous to humans,and which includes: a.Canidae,including any memberof thedog (canid) familynot customarilydomesticated {^_J by man,or any hybrids thereof,including wolf hybrids which are a cross between awolf and domestic dog, but not including domestic dogs (Canisfamiliaris).Common names include wolf,coyote,jackal,hyena,fox,and all their hybrids. Ordinance No.2757 Page 2 March 10, 2015 b. Felidae, including any memberof thecat(felis)family weighing over fifteen pounds (15lbs.)not customarily domesticated by man,or any hybrids thereof,but not including f*^ domestic cats (Felis catus). c. Ursidae, including any member of the bear family, or any hybrids thereof. d.Nonhuman primates and prosimians. 2."Inherently dangerous reptile"means any live member of the class Reptilia which: a. Is venomous,including but not necessarily limited to, all members of the following families:Helodermidae (Beaded Lizards including Gila Monster,Mexican Beaded Lizard);Viperidae (Vipers and Adders);Crotalidae (PitVipers);Atraciaspididae (Mole Vipers);Hydrophilidae (Sea Snakes);and Elapidae (Cobras). b.Is a "rear fanged"snake of the family Colubridae (rear fanged snakes)that are known to be dangerous to humans,including,but not necessarily limited to, all members of the following families:Dispholidus typus (Boom-slang Snake);Thebtornis kirtlandii (Twig Snake);and Rhabdophis ssp.(Speckled Belly Keelback and Red Necked Keelback). c. Is a member of the order Crocodilia (crocodiles,alligators,and caiman)over two feet (2')in length. 3. "Potentially dangerous wildanimal"as defined by RCW Chapter 16.30 as now enacted or hereafter amended. J. "Ferret"means an animal of the species Mustela furo and as defined in WAC 246-100-197 or as hereafter amended.j^""^ K."Guard Dog"means a dog trained to protect persons or property by attacking or threatening to attack any person found withinthe area patrolledbythe dog.These dogs mustbe registered with the City as a guard dog. L."Household pets"means dogs,cats,rabbits, mice,hamsters,gerbils,parakeets,canaries, finches, and other similarexotic fowland songbirds,reptiles,amphibians,fishand similarsmall animals and fowl kept inside a residence for companionship and/or personal enjoyment so long as they are not a danger to other persons or property. Allother animals are prohibited within the City unless otherwise provided herein. M."Hybrid"means any mammal which is the offspring of the reproduction between any species of wildcanid or hybridwildcanid and a domestic dog or hybridwildcanid, or is represented by its owner to be a wolf hybrid,coyote hybrid,coy dog or any other kind of wild canid hybrid, or a wild felid or hybrid wild felid and a domestic cat or hybrid wild felid or is represented by its owner to be a wild felid hybrid. N."Mistreatment"means every act or omission which cause or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering. O."Neglect"means failure to provide food, water, protection from the elements,opportunity for exercise,or other care normal,usual and proper for an animal's health and well-being. P."Owner or custodian"means any person,firm,partnership,corporation,trust arrangement,or the like who shall keep,maintain,control,care for,or be responsible for keeping,maintaining, or caring for any animal, or who knowingly permits any animal to remain on premises occupied by them.(***) Ordinance No.2757 Page 3 March 10,2015 Q."Running at Large"means off the premises of the owner and not under the effective control ()ofthe owner,his agent,servant,or competent memberof his familyby meansofa leash,cord, ^~*^or chain reasonable in length;except that,for the purpose of this definition,the "premises of the owner"shall not include common areas of a condominium complex,town houses,and apartment buildings,and anyanimal not in the effective control of its owner upon the common area of a condominium,town house or apartment building, or the grounds thereof,shall be deemed to be running at large. R. "Potentially Dangerous Dog" and "Dangerous Dog"have the meaning given them in RCW Chapter 16.08. S."Proper Enclosure"means,while on the owner's property, a potentially dangerous dog shall be securely confined indoors or inan outside enclosed and locked pen or structure,resistant to tunneling,suitable to prevent the entry of young children and designed to prevent the dog from escaping.Such pen or structure shall have secure sides not less than five feet (5') high and a secure top,and shall provide protection from the elementsfor the dog.The requirement for a secure top on the enclosure may be waived by the Community Services Officer upon showing that it is unnecessary.This section shall not apply to guard dogs or watch dogs utilized to secure premises enclosed by a fence or wall not less than five feet (51)high and resistant to tunneling,located within an industrial or commercial zone. T."Dangerous Dog"has the meaning given it RCW Chapter 16.08. U.All other words and phrases used herein will have their commonly accepted meanings. 6.02.020 Chapter Supplementary:The provisions of this chapter shall be supplementary to the provisions of RCW Chapter 16.08 relating to dangerous dogs. i J Section 3.Chapter 6.04 of the Moses Lake Municipal Code titled "License Requirements"is created as follows: CHAPTER 6.04 LICENSE REQUIREMENTS 6.04.010 License Required:Itis unlawfulfor any person or persons to own or harbor any dog overthe age of six (6)months within the corporate limits of the City,unless such person or persons first procures a license therefore as provided in this chapter. 6.04.020 Records Required to Obtain and Retain a License:All dog owners shall keep records regarding their dog ownership.The records shall include the following: A. Birthday of the dog or the best estimate in month and year B.Breed of dog C.Name of dog D. Brief statement of how the dog ownership was derived E.Date when animal was first brought into the City of Moses Lake F. Anyofficial actions taken regarding the dog byany law enforcement official G. A rabies inoculation and other vaccinations and spay and neuter records,if appropriate {^_J H.Animal shelter records if appropriate I.Training records ifappropriate Ordinance No.2757 Page4 March 10,2015 J.Temperance test,if administered K.Obedience classes,if attended L.Owner handling classes,if attended M. Formal training for service dogs N.Service records if appropriate O.Record of microchip,if implanted,or tattoo P. A photograph of the dog and the owner Q.Copy of City license R. Copy of any current insurance policyor bond relative to the dog The Police Department shall keep a record of the names of all persons to whom licenses are issued with the number of each license and whether for a male or female dog and whether the male dog has been neutered or the female dog spayed. The records and file must be available to any law enforcement agent and may become a matter of public information. 6.04.030 License Fee and Tag:The license fee for alldogs shall be ten ($10)per year. Upon the payment of such license fee to the Finance Director or his designee,and upon being shown proof of a current rabies vaccination,itshall be the duty of the Finance Directoror his designee to issue a license to the party making application therefor.The person licensing adog shall verify the breed ^"^ of the dog at the time of licensing and that breed name shall be recorded withthe tag number as providedinSection 6.04.020. Ifthe owner has had an electronic chip implanted intoa dog orhas had the dog tattooed,the owner may present evidence of that chip or tattoo and the registration number of the chip to help identify the dog ifit needs to be identified. A.The license shall expire on the first day of January next succeeding the date of the issuance thereof and the time fixed for the issuing of a license shall commence on the first day of January of each year and no license shall be issued to expire at any other time than that date. The license fee shall be paid in full for any year or part thereof. B.The Finance Director or his designee shall,together with the license,furnish a suitable tag which shall be worn by the dog forwhich such license is issued and shall be fastened to such dog in such mannerthat itcan easily be inspected at alltimes by Cityauthorities. Lost tags will be replaced bythe Finance Directororhis designee upon a payment of an additionalfee oftwo and one half dollars ($2.50). C. All persons must present a current rabies vaccination receipt before a Citydog license can be obtained. D.Itis unlawful for any person,who for purposes of securing the license,to falsely represent the breed,age or sex of any dog, or that the dog has been spayed or neutered. E. No person may use any license for any animal other than the animal for which it was issued. 6.04.040 Kennel License Required:No person,group of persons,or business entity shall own,keep,or harbor more than three (3)dogs or four (4)cats or any combination thereof of more than four (4) animals,ofsix (6)months of age or older or engage in the commercial business of breeding,(***) buying, selling, trading, training or boarding cats or dogs or both cats and dogs without having obtained a kennel license from the Finance Director or his designee. n Ordinance No.2757 Page 5 March 10,2015 A.The kennel license shall expire on the first day of January next succeeding the date of the I )issuance thereof. The time fixed for the issuing of a license shall commence on the firstday ^^^of January of each year and no license shall be issued to expire at any other time than that date.The license fee shall be paid in full for any year or part thereof. B. The yearlyfee forlicensing a kennel shall be fifty dollars ($50)whichshall be the onlybusiness license fee the City requires of kennel owners. C. This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal clinic or hospital. D.This section shall not applyto and will not be construed to require a kennel license forany pet shop which sells animals of less than six (6)months of age. E.Kennel licenses shall not be issued for use in areas zoned R-1,R-2 and R-3. F.Violations of this section are enforced as provided in Chapter 6.18. 6.04.050 License and Permit Issuance and Revocation: A.The City of Moses Lake may revoke any animal permitor license ifthe person holding the permit or license refuses or failsto complywith this title,the regulations promulgated bythe Cityof Moses Lake, or any lawgoverning the protection and keeping of animals. B.Any person whose animal permitor license is revoked shall,within ten (10)calendar days thereafter, humanelydispose ofallanimals owned, kept,or harbored bysuch person and no part of the permit or license fee shall be refunded. i )C. Itshall be a conditionofthe issuance ofany permitor license that the City ofMoses Lakeshall ^-^be permitted to inspect all animals and the premises where animals are kept atany time and shall,ifpermissionforsuch inspectionis refused, revokethe permitor licenseofthe refusing owner. D.If the applicanthas withheld or falsified any information on the application,the City ofMoses Lake shall refuse to issue or may revoke a permit or license. E. Noperson whohas been convictedofcrueltytoanimals shall be issued a permitorlicense to operate a commercial animal establishment. F.Any person having been denieda licenseor permit maynot reapply fora period of thirty (30) calendar days. Each re-application shallbe accompanied bya twenty dollar ($20)fee. G.Any dog impoundedunderthe provisions ofthischapter shallnotbe released until the owner ofsuch dog shallhave paidall fees and charges due and has obtained all required permits, licenses and/or registrationsand has compliedwith anyother conditionsimposed bythe City. Section 4.Chapter6.06 ofthe Moses Lake Municipal Code titled "Rabies Control"iscreated as follows: CHAPTER 6.06 RABIES CONTROL 6.06.010 Rabies Control and Vaccination: A.Itis unlawful toown,keep or harbor within the City bats oranyspecies ofanimalsdesignated as unlawful bythe Washington State DepartmentofHealth pursuantto WAC 246-100-191 by {^_J reason of such species being a transmitter of rabies to human beings,including any bat, skunk,fox,coyote or raccoon,except under circumstances permitted by said WAC 246-100-191,which is incorporated herein by reference. Ordinance No.2757 Page 6 March 10,2015 B. It is unlawful to own,keep or harbor within the City any dog, cat, or ferret without a current rabies vaccination.All persons seeking to license a dog or cat,or to keep a ferret,shall be f*} required to show proof of current rabies vaccination from a licensed veterinarian prior to licensing and bringing the animal into the City and said vaccination shall be kept current as long as the animal remains in the City.A durable and traceable rabies tag provided by the veterinarian shall be securely affixed to a collar and worn bythe animal when outside or away from the owner's home or other enclosure. C. Anydog, cat, or other animal that has bitten any person shall be immediately confined at the animal shelter at the owner's or custodian's expense for a period of not less than ten (10) calendar days. Noanimal under confinement shall be released from confinement until such release has been approved by the Community Services Officer. D. Itshall be unlawfulfor the owner of any dog, cat, or other animal that has bitten any person to destroy such animal before itcan be properlyconfined bythe CommunityServices Officer.The location of such confinement shall be determined bythe Community ServicesOfficerand shall be at the expense of the owner. E. The owner ofany animal that has been reported as having inflicted a biteon any person shall, on demand of a Community Services Officer,produce such animal for examination and quarantine as prescribed inthis section. Ifthe owner, his agent,servant or competent member of his family,or any custodian of any such animal refuses to produce such animal, the owner, his agent,servant or competent member of his family, or any custodian shall be subject to immediate arrest ifthere shall be probable cause to believe that the animal has inflicted a bite upon a person and the owner, his agent,servant or competent member of his family,or any custodian is keeping or harboring the animal and willfully refuses to produce the animal upon such demand.Such persons shall be taken before a judge of the Municipal Court, who may order the immediate production of the animal.If the owner,his agent,servant or competent member of his family,or any custodian of such animal shall willfully or knowingly secrete or f*} refuse to produce the animal,each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this section. F.When an animal under quarantine has been diagnosed as being rabid by a licensed veterinarian,the veterinarian making such diagnosisshall immediately notifythe County Public Health Officer and advise him of any reports of human contact with such rabid dog,cat or ferret. Ifany animal under quarantine dies while under observation,the Community Services Officer or his agents shall immediately take action to obtain a pathological and inoculation examination of theanimal.As soon as a diagnosis is made available,the Community Services Officer shall notifythe County Public Health Officer of any reports of human contact with the animal. Any animal which has not been inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed immediately. G. Every physician or other medical practitioner who treats a person or persons for bites inflicted by animals shall report such treatment to the Community Services Officer, giving the names and addresses of such persons. H. Any veterinarian who diagnoses rabies in any animal shall report such fact to the Community Services Officer.The veterinarian shall determine,before any rabies inoculation is given, whether the subject animal is underquarantine or has inflicted a bite on any person within the last ten (10)calendar days. I.In case of an outbreak of rabies,constituting an emergency situation,the City Manager shall be authorized to impose strict regulations pertaining to animals within the City limits. Section 5.Chapter 6.08 of the Moses Lake Municipal Code titled "Impounds"is created as follows: CHAPTER 6.08 IMPOUNDS n Ordinance No.2757 Page 7 March 10,2015 6.08.010 Impoundment Procedure -Disposition: A. Any City authority designated by the City Manager to engage in animal control enforcement may impound any animal under the following conditions: 1.Any animal that has been humanely trapped. 2. Any animal found in violation of the provisions of this title if the owner is unknown,or if known,if the owner is not readily available. 3. Any animal neglected or abandoned by its owner, including any animal that is found abandoned withinany building,establishment,orwithinoron any premises,whether public or private. 4. Any animalthat is sick orinjuredand the owneris not present orable to take charge ofthe animal. 5. Any animal remaining at the scene of a crime or accident and the owner has been incarcerated or hospitalized. 6.Any animal seized by the court. 7. Any potentiallydangerous or dangerous dog, inherentlydangerous mammal,orinherently dangerous reptile found in violation of the provisions of this title and/or state law. 8. Any inherently dangerous mammal orinherently dangerous reptilethat has inflicted a bite or is found running at large. IJ B. The Community Services Officer upon impounding an animal shall make a complete record, entering the description of each animal. Ifthe owner of the animal is known orifthe animal is identifiable by license or other identification,the Community Services Officer shall attempt to notifythe owner withinforty-eight(48) hours by service or posting of notice that his/her animal has been impounded and where it may be redeemed.The reading of a license tag or the scanning for a microchipshallconstitute reasonable attempts to identifythe animal.The City or animal shelter shall not be liable for the failure of a scanner to detect the presence of a microchip. C.If the owner is known,the animal shall be held at least ninety-six (96)hours after the attempt to notify is accomplished.If the owner is unknown, the animal shall be held at least seventy-two (72) hours after the time of impound. Ifthe animal has been impounded pursuant to quarantineand has notbeen foundto be suffering from rabies,the animalshallbe heldat least seventy-two (72) hours after the end of the quarantine period and examination by a licensed veterinarian. D.Redemption of impounded animals. 1. Any dog or cat (except dangerous dogs,potentially dangerous dogs, and inherently dangerous mammals or reptiles),impounded pursuant to the provisions of this Chapter may be redeemed bythe ownerorotherauthorizedpersonupon paymentinfull of all legal charges and expenses incidental tothe impoundment and boarding ofthe animaland by demonstrating that allconditions forthe release of the animal have been met. 2. Ifa domestic animal is impounded and taken to the animal shelter more than twice during a twelve (12)month perioditwill be mandatory that a microchipcapable of being scanned by an "AVID"or other equivalent brand microchip scanner be implanted in the animal ^J before it is released to the owner.The owner of said animal shall incur all expenses incidental to the microchipprocess and shall providewritten proofof said process to the animal control authority.The owner orother authorized person redeeming an unlicensed Ordinance No.2757 Page8 March 10,2015 dog over the age of six (6)months shall pay twice the license fee, any late penalty fee if applicable,and afifty dollar ($50)deposit for animals for which rabies vaccinations are not ^"^ current.The deposit will be refunded when the animal is vaccinated and proof of vaccination is presented to the Community Services Officer. 3. Prior to redemption of a dog that has been declared dangerous,the owner shall present proof of the dog's residency outside of the City limits which shall include a physical address,written verification of the dog's ownership,and written verification thatthe owner resides at the physical address provided as the dog's residence outside of the City limits. The owner,at his/her sole costand expense,shall also be required to havethe dangerous dog microchipped priorto its release from impound.As a condition of the dangerous dog's release,the owner shall sign a written statement acknowledging that the dangerous dog is prohibited from being withinthe City limits and that, in the event the dangerous dog is found within the City limits followingits release from impound,the dangerous dog will be subject to immediate seizure and impound and shall be humanely euthanized at the direction of the Community Services Officer. Priorto redemption of a dog that has been declared potentially dangerous,the ownershall present proof of compliance with Section 6.05.110 and any other applicable code provision. 4. Any dangerous dog, potentially dangerous dog, orinherently dangerous mammal orreptile found inviolation of this title may be held at the animal shelter at the owner's expense until adjudication by the court. E.Disposition of animals. 1.Animals not redeemed within the time periods as set forth herein will be considered forfeited andmaybe adopted orhumanely destroyed byeuthanasia atthediscretion ofthe f~\ Community Services Officer,except those animals known to have bitten or which have been found dangerous or potentially dangerous shall not be adopted.However,the owner or keeper willremain responsible for paymentof alllegal expenses and charges incidental to the impound.If the failure to reclaim the pet animal is due to the owner's incarceration or incapacity,notification of incarceration or incapacity to the animal shelter will serve to extend the forty-eight (48) hour hold period by an additional forty-eight (48)hours.The animal may be reclaimed during that additional forty-eight (48)hour hold period by any person who has obtained the written or verbal permission of the owner to reclaim the animal, or by any person who is a legally appointed agent forthe owner or keeper.Verbal permission must be provided by the owner to the Community Services Officer or his/her designee. 2. Upon receipt of written permission from the owner,animals may be adopted or humanely destroyed by euthanasia without regards to the holding periods outlined herein. 3 Any animal as may be determined by the Community Services Officer or licensed veterinarian to be suffering from serious injuryor disease may be humanely destroyed by euthanasia without regard to the holding periods outlined herein. 4.Any animal as may be determined by the Community Services Officer to be feral may be humanely destroyed by euthanasia without regard to the holding periods outlined herein. 5.Any previously declared dangerous dog that has bitten shall be humanely destroyed by euthanasia after the quarantine period. 6.Inherently dangerous animals and/or inherently dangerous reptiles which have bitten or been found running at large shall be humanely destroyed by euthanasia or transferred to f0*} a suitably licensed facility such as a zoo without regard to the holding periods outlined above. Ordinance No.2757 Page9 March 10,2015 F. Opportunity forHearingon impound/reclaim fees and costs:Priorto reclaiming an impounded [j animal,an owner or keeper who wishes to contest the impoundment ofhis/her animal and/or the assessment of fees pursuant to impoundment,may utilize the following procedure: 1.The owner or keeper must appear in person at the animal shelter and requestthe form for contesting impoundment and fees.Ifthe owner or keeper is unable to personally appear due to his/her incarcerationorincapacity,he/she may providewrittenorverbal permission to another person to act in his/her place. Verbal permission must be provided to the Director or his/her designee. 2.The owner or keeperorhis/her designee must complete the formand sign itunder penalty of perjury. 3. The owner or keeper or his/her designee must give the completed form to staff at the animal shelter.The City Manager or his/her designee willreview the form and records on file for the impoundment,will meetwith the owner or keeper or his/her designee,and will decide based on all of the above whether to impose the fees for impoundment and other services as set forth inthis section; to adjust the fees based on the completed form;orto not assess fees based on the completed form.The decision will be discretionary withthe City Manager or his/her designee,and is non-appealable. G. Housing fees shall be as established by the animalshelter. Such fees shall include all costs of housing such animals. 6.08.020 Fees: Any animal impounded under the provisions of this chapter shall not be released until the owner of such animal shall have paid all fees and charges due and has obtained all permits, licenses,and registrations as required herein. (/Section 6.Chapter6.10 ofthe Moses Lake Municipal Code titled "Dangerous Dog and Potentially Dangerous Dog" is created as follows: CHAPTER 6.10 DANGEROUS DOG AND POTENTIALLY DANGEROUS DOG 6.10.010 Title:The ordinance codified in this chapter shall be referred to as the dangerous dog and potentially dangerous dog ordinance. 6.10.020 Applicability:The provisions ofthis chaptershallapplyto adultdogs only,which means anydog over the age of six (6) months. The declaration of dangerous dog or potentially dangerous dog follows the dog,regardless of ownership or change of ownership. 6.10.030 Definitions:The following definitions shall apply throughout this chapter: A."Animal control authority"means the departmentofthe City chargedwith the responsibility of administering the provisions ofthischapter,orthedepartmentandanyotheragencyto which this responsibility is contractually delegated and which is thereby charged with the duty of enforcing the animal control lawsof the City and/or with the shelterand welfare of animals. B. "Animal control officer"means any person or agency designated by the City as a law enforcement officer or quasi-law enforcement officer who is authorized to implement the provisions of this chapter and this title. C."Dangerous dog"means any dog that: 1.Inflicts severe injury on a human being without provocation on public or private property; 2.Kills a domestic animal, without provocation,while the dog is off the owner's property;or Ordinance No.2757 Page 10 March 10,2015 3. Has been previously found to be potentially dangerous because of injury inflicted on a human,the owner having received notice of such and the dog again aggressively bites,{**} attacks,or endangers the safety of humans or domestic animals. D. "Owner"means any person,firm,corporation, organization, or department in possession of, harboring,keeping,having an interest in, or having control or custody of an animal. E. "Potentially dangerous dog"means: 1.Any dog with a known propensity,tendency,or disposition to attack unprovoked,to cause injuryto or to otherwise endanger the safety of humans or other domestic animals; or 2. Any dog which unprovoked inflicts bites on a human or domestic animal either on public or private property;or 3.Any dog which unprovoked chases or approaches a person upon the streets,sidewalks, or other public grounds in a menacing fashion or apparent attitude of attack. F. "Proper enclosure"of a dangerous dog ora potentially dangerous dog means that while on the owner's property, a dangerous dog shall either be: 1.Securely confined indoors;or 2. Ina securely enclosed and locked pen or structure suitable to preventthe entry of children under the age often (10)years and designed to prevent the animal from escaping.Such pen or structure shall have secure sides and a secure top and provide protection from the elements for the dog. If such pen or structure does not have a bottom that is secured to the sides,the sides must be embedded at least one foot (V)into the ground. G."Running at large"means to be off the premises of the owner and not under the immediate control ofthe owner or other competent person authorized by the owner,by means ofa leash, cord or chain,except when in or on any vehicle and securely confined to such vehicle;except that, for purposes of this definition,the "premises of the owner" shall not include common areas of a condominium complex,town houses,duplexes,and apartment buildings,and any animal not in the effective control of its owner upon the common area of a condominium complex,town house,duplex,or apartment building, or the grounds thereof,shall bedeemed to be running at large. H."Severe injury"means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. 6.10.040 Defense:Dogs shall not be declared dangerous or potentially dangerous if the threat,injury, or damage was sustained by a person who,at the time: A.Was committing a willfultrespass or othertort upon the propertyor vehicle occupiedor owned by the owner of the dog; or B.Was tormenting,abusing,or assaulting the dog; or C. Has, in the past,tormented,abused,or assaulted the dog; or D.Was committing or attempting to commit a crime. 6.10.050 Declaration of Dangerous Dog or Potentially Dangerous Dog -Procedure: A.The Community Services Officer shall issue a notice of potential declaration to the owner of ("*""^ the dog following the guidelines of service found at MLMC 6.10.090.Said notice will include an opportunity for the owner to discuss the action in writing or orally with the Community u u Ordinance No.2757 Page 11 March 10,2015 Services Officer within fourteen (14)calendar days ofreceipt of the notice. B. After the discussion or the fourteen (14) day period,whichever comes first,the Community Services Officer shall issue a final decision in the form of either a final declaration or a letter of no finding. C. Ifthe dog has been impounded due to its actions,such impoundment shall continue duringthe pendencyof the above procedure.The ownershall be responsible forthe cost of impoundment regardless of the outcome of the action. D.The Hearing Examiner inan appeal pursuantto this Chaptercan take note of and considerthe owner's failureto discussthe action with the Community Services Officer or failureto raise any and alldefenses at the discussion with the Community Services Officer. 6.10.060 Notice of Potential Declaration: Notice in the form of a declaration given to an owner in the manner described belowor in MLMC6.10.080 shall be prima facie evidence that the owner acted knowingly,although notice is not the only way to prove the owner's knowledge of the animal's propensity. Any notice of potential declaration must be inwritingand include the following: A. A description of the animal; B.The name and address of the owner,if known; C.The whereabouts of the animal if itis not in the custody of the owner; D. A brief statement of why the dog is being considered a dangerous or potentially dangerous dog; M E.The specific provisionor provisions of MLMC6.10.030(3)or(5)which theCommunity Services Officer has found applicable; F.The restrictions that could be placed on the dog as a result of a final declaration; G.The penalties forviolation of the restrictions of a final declaration,including the possibility of destruction of the dog, civil damages assessed against the owner,imprisonment and fines incurred by the owner through criminal prosecution; H.The date, time and locationto meetwiththe Community Services Officerto discuss the action. 6.10.070 Evidence: Based on an investigation,the Community Services Officermay find and declare a dog dangerous or potentially dangerous if he has a reasonable belief that the dog falls within the definitions set forth in MLMC 6.10.030(3)or (5). Forthe purposes of this chapter,a reasonable belief may be supported by any of the following: A. The written complaint of a citizen who has witnessed the animal acting in a mannerwhich causes itto fall withinthe definitions in MLMC 6.10.030(3)or (5) and is willing to so testify in a court of law;or B. Dog bite reports filed with the Community Services Officer;or C. Actionsof the dog witnessed by the Community Services Officer or any law enforcement officer;or D.A verified report thatthe animal previously has been found tobe either potentially dangerous or dangerous by the Community Services Officer;or E.Other substantial evidence admissible in a court of law. Ordinance No.2757 Page 12 __March 10,2015 6.10.080 Final Decision:The final decision shall consist of either a final declaration or a letterofno finding issued to the owner.f) A. Inthe event the Community Services Officer finds reason to issue a final declaration, itshall contain the following: 1.A description of the animal; 2.The name and address of the owner,if known; 3.The date and time of the meeting with the owner, if any; 4. A brief statement of why the dog has been found to be a dangerous or potentially dangerous dog; 5. The specific provision or provisions of MLMC 6.10.030(3)or (5) which the Community Services Officer found applicable; 6.The restrictions placed on the dog as a result of the declaration; 7. The penalties for violation ofthe restrictions,including the possibility of destructionofthe dog,civil damages assessed againstthe owner, imprisonmentand fines incurred bythe owner through criminal prosecution; 8. A statement that the declaration can be appealed to the Hearing Examiner pursuant to Section 6.10.100 within fourteen (14)calendar days; and 9. A statement that failure to file a timely and complete notice of appeal will constitute awaiverofallrightstoappealsaiddeclaration.f*} B. A letter of no finding shall include: 1.A description of the animal; 2.The name and address of the owner; 3.The date and time of the meeting with the owner; 4. A brief summary of testimony and evidence presented at such discussion; 5. A brief summary of why the animal is not being found dangerous or potentially dangerous. 6.10.090 Service:Service of the notice of potential declaration,final declaration or letter of no finding shall be in writing, and shall be served on the owner in one of the following methods: A.Certified mail, return receipt requested or delivery confirmation requested,to the owner's last known address;or B. Personallydelivered with proofof personal service made bywrittendeclaration under penalty of perjuryby the person effecting service declaring the time,date and manner inwhich service was made;or C. Postingthe declaration on the front doorof the living unitof the owner, or person with right to control the animal if said owner is not home;or D.Publication in anewspaper of general circulation,if the owner cannot be located by one of the (**) above methods. Ordinance No.2757 Page 13 March 10,2015 6.10.100 Appeal of Potentially Dangerous or Dangerous Dog Determination: ^""^A.Any owner ofa dog which has been declared potentially dangerous or dangerous by the Community Services Officer,pursuant to this section may appeal the notice by filing with the Finance Directorwithin fourteen (14)calendar days from the date of the notice, awritten notice of appeal.Said written notice of appeal shall be on a form provided for that purpose by the Finance Director and must contain the following items: 1. A caption reading:"Appeal of Potentially Dangerous Dog or Dangerous Dog Determination"giving the name of the appellant; 2. A brief statement of the finding being appealed,together with any material facts claimed to support the contentions of the appellant including but not limited to the following written information and/or documents: a.Specific basis on which the owner contests the determination of potentiallydangerous or dangerous dog; b.Any breed identification or registration paperwork,certificates,pedigrees,or the like regarding the dog in question; c.Any expert testimony supporting or corroborating the owner's assertion that the dog is not a potentially dangerous or dangerous dog; d.Anycertifications orotherevidence establishing training courses completed bythe dog and its owner,such as obedience training or canine good citizen training. 3. A brief statementof the relief sought,and the reasons why the finding should be reversed, i J modified,or otherwise setaside. 4. A statement acknowledging that ifthe Hearing Examiner findsthere issufficient evidence to support the potentially dangerous or dangerous dog determination, all costs of the appeal process,including attorney's fees,shall be assessed against the owner. 5.The current address ofthe appellant. 6. A verification,bydeclarationunder penaltyof perjury,made bythe appellantas to the truth of the matters stated in the appeal,pursuant to RCW 9A.72.085. B.Failure to file a timely and complete notice of appeal constitutes a waiver of all rightsto an appeal underthis chapter.Failure to appear for an appeal hearing shallresultina denial of the appeal and upholding of the declaration of potentially dangerous or dangerous dog. C. Uponreceiptofa timely filed and completed noticeofappeal, a noticeof hearingshallbe sent to the appellant, setting the date, time and place of the appeal hearing. D.The Hearing Examinershallset a date and time for hearingthe appeal following receiptof a timely filed and complete noticeof appeal. The filing of a notice of appeal shall not stay the requirements for restraintof the dog provided to the owner pursuant to this chapter. E.The appeal shall be heard before the Hearing Examiner for the City.At the hearing,the dog shall be declared potentially dangerous ordangerous upon proofthatthe dog isas defined in MLMC 6.10.030(3)or (5), as established by the probable cause standard required for the declaration of the Community Services Officer. M F.The burden shall be upon the owner of the dog to prove one or more of the affirmative defenses set forth in6.10.040 bya preponderance of the evidence.The affirmative defenses set forth in6.10.040 shall not apply inactions to declare the dog to be potentially dangerous. Ordinance No.2757 Page 14 March 10,2015 G. At the hearing,the owner of the dog found to be a potentially dangerous or dangerous dog shall be permitted to present evidence in support of the owner's position at the hearing.{**) H. At the conclusion of the hearing,the Hearing Examiner shall issue a written decision. 1. If the Hearing Examiner finds there is insufficient evidence to support the potentially dangerous or dangerous dog determination,it shall be rescinded and the restrictions imposed thereby annulled. No Hearing Examiner costs shall be assessed and any potentially dangerous or dangerous dog registration fee paid shall be refunded. 2. If the Hearing Examiner finds there is sufficient evidence to support the potentially dangerous or dangerous dog determination,all costs of the appeal process,including attorney's fees,shall be assessed against the owner. I.The decision of the Hearing Examiner shall be final and shall be mailed to the owner. Proceedings to review the decision must be instituted within fifteen (15)calendar days of the date the written decision was mailed. J. Allimpound fees are the responsibility of the owner of the dog, no dog impound expense and fee(s) shall be assessed against the City of Moses Lake or the animal control authority or officer. 6.10.110 Registration of Potentially Dangerous Dog Reguired:All potentially dangerous dogs residing within the City of Moses Lake must be registered to the current owner.The fee for registration of a potentiallydangerous dog is one hundred dollars ($100).Registration mustbe renewed annually. A. A potentially dangerous dog certificate of registration shall be issued by the Community Services Officer to the owner of a potentially dangerous dog if the owner presents to the Community Services Officer sufficient evidence of:(***) 1. A proper enclosure as defined in MLMC 6.10.030(F)in which to confine the potentially dangerous dog; 2.Proof of payment of the annual registration fee; 3. Proof that the dog has been micro-chipped,including providing the microchip serial number or proof that the dog has been tattooed,including providing the tattoo number; 4.Written acknowledgmentof receipt ofa copy ofthis chapter that includes a statement that the person acknowledging has read and understood what is required to keep a potentially dangerous dog within the City and what actions may lead to a dangerous dog declaration. B.Exemption to certificate of registration of potentially dangerous dog. A dog that is classified as a potentially dangerous dog underthe provisions of this chaptermay beexempted from the Certificate of Registration requirements of this section,provided such dog has passed the Canine Good Citizen (CGC)test of the American Kennel Club (AKC)as administered by an AKC approved evaluator and has received the appropriatecertificate fromthe AKC.Such dog shall be retested and shall pass such CGC test at least once every two (2)years in order to maintainthis exemption.The burden of maintainingsuch certification isthe sole responsibility of the owner and the owner shall bear allcosts of obtainingand maintaining such certification. 6.10.120 Prohibited Acts:Itshall be unlawful for any person to: A.Keep a dangerous dog within the City limits; B.Fail to register apotentially dangerous dog under MLMC 6.10.110(A)within thirty (30)calendar (**) days of bringing the dog intothe Citylimitsorafterithas been declared a potentiallydangerous dog; Ordinance No.2757 Page 15 March 10,2015 C. Fail to keep a potentially dangerous dog in a proper enclosure as defined in MLMC{^J 6.10.030(F); D. Allow a potentially dangerous dog outside of a proper enclosure,unless the dog is muzzled, restrained by a substantial chain or leash and under the physical control of a person overthe age of eighteen (18)years who is of sufficient size and stature to control the animal.The muzzle shall be made in a manner that will not cause injuryto the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. 6.10.130 Penalties: A. Violations of any of the prohibited acts under MLMC 6.10.120 may result in the following penalties: 1.Immediate confiscation of the dog: a.The Community Services Officer shall immediately confiscate and impound any dangerous dog found within the city limits in violation of this Chapter and the animal control authority shall hold the same until such time as the prohibited act is abated. b.The Community Services Officer shall immediately impound any dangerous dog or potentially dangerous dog found running at large as defined in MLMC 6.10.030(G). c. Civil infraction subject to a C-1 penalty. B. Ifa dangerous dog of an owner with a prior conviction under this chapter or Chapter 16.08 RCWattacks or bites a person or anotherdomestic animal,the dog's owneris guiltyof a Class C felony,punishableinaccordance withRCW 9A.20.021.In addition,the dangerous dog shall M be immediately confiscated byan Community Services Officer, placed withthe animalcontrol authorityto be held inquarantine forthe proper length of time, and thereafter destroyed inan expeditious and humane manner. C. The owner of any dog that aggressively attacks and causes severe injury or death of any human,whether the dog has previously been declared potentiallydangerous or dangerous, shall be guilty ofaClass C felony,punishableinaccordancewithRCW 9A.20.021.In addition, thedangerousdogshallbeimmediatelyconfiscatedbyanCommunityServices Officer,placed with the animal control authorityto be held in quarantine forthe proper length of time, and thereafter destroyed in an expeditious and humane manner. D.Any person violating this Chapter shall pay all expenses,including shelter,food,veterinary expenses for identification orcertification ofthe breedofthe animal orboarding andveterinary expenses necessitated bytheseizureofthedog for the protection ofthe public,andsuchother expenses as may be required forthe destruction of any such dog. 6.10.140 Destruction:Whenever the animal controlauthority comes into possession of a dangerous dog or potentially dangerousdogthey shall destroythe same ifthe dogisnot reclaimed bythe owner within thirty (30)calendar days.Under nocircumstances shall adangerousdog be soldorgiven to another as a pet. 6.10.150 Costs: A. The owner ofany dog found to be a potentially dangerous dog ordangerous dog under this chapter shall be assessed all actual servicecosts expended under MLMC 6.10.090. B.The ownerofanydog found to be a potentially dangerous dog ordangerous dog under this^_J chapter shall be assessed all costs of confinement for any dog impounded pursuant to a violation of MLMC 6.10.120. Ordinance No.2757 Page 16 March 10,2015 C. The owner of any dog found to be a potentially dangerous dog or dangerous dog under thischaptershallbeassessedallcostsofdestructionexpendedforanydogimpoundedandnot f^ reclaimed under MLMC Chapter 6.08. 6.10.160 Failure to Reclaim:Whenever a dog is seized and impounded under this chapter,the failure to either reclaim the dog or to give a written surrenderof the dog to the animal control authority shall result in the owner being prohibited from registering any new dogs inthe Cityfor a period of one (1) year. This prohibitionshall not apply to the renewal of any existing dog license. 6.10.170 Nuisance:The harboring,keeping,and maintaining of a potentially dangerous dog or dangerous dog contrary tothis chapter isa public nuisance and is subject to abatement byjudicial procedure or bya summary abatement inan emergency or life-threatening situation. Ifsummary removal of a dog occurs, the dog shall not be destroyed before a hearing can be held concerning the removal and destruction unless public health and safety requires otherwise. 6.10.180 Notification of Status of Potentially Dangerous Dog:The owner of a dog that has been classified as a potentiallydangerous dog shall immediately notify the animal controlauthoritywhen such dog: Is loose or unconfined;or Has bitten or otherwise injured a human being or attached another animal; or Is sold or given away or dies; Is moved to another address. Is removed from the City of Moses Lake. Prior to a potentially dangerous dog being sold or given away, the owner shall provide the name, address,and telephone number of the new owner to the animal control authority.The new owner shall comply withallof the requirements of this Chapter. 6.10.190 Dog Declared Dangerous or Potentially Dangerous bv Another Jurisdiction:f00^ A. Any person desiring to bring a dog to liveinthe Citywhich has been previously declared to be potentially dangerous, dangerous,vicious, or similar designation in anotherjurisdiction,under the provisions of chapter 16.08 RCW or comparable local ordinance,must notifythe animal control authority prior to moving the dog to the City.The person must provide all information requested bythe animal control authority and must comply withall restrictions imposed bythe animal control authority.There is no right to bring into the City a dog that has been the subject of a declaration or similar process in anotherjurisdiction and the animal control authority will determine whether such a dog will be licensed and permitted to reside in the City. B.Except to the extent inconsistent with this Section,an appeal from the decision of the animal control authority under this Section may be appealed in the manner set forth in MLMC 6.10.100. At the hearing,the presumption shall be thatthe previousjurisdiction's determination is correctand the burden shall be upon the appellant to demonstrate the invalidity of the prior declaration or similar process. Section 7.Chapter 6.14 of the Moses Lake Municipal Code titled "Miscellaneous Provisions"is created as follows: 6.14 MISCELLANEOUS PROVISIONS 6.14.010 Large Livestock Running at Large: Itshall be unlawful for the owner or custodian of any horse, livestock,or other animals generally regarded as farm or ranch animals to permit the same to run at large within the corporate limits of the City. 6.14.020 Guard Poos:Itshall be unlawful to place or maintain guard dogs inany area forthe protection of persons or property unless the following conditions are met: n Ordinance No.2757 Page17 March 10,2015 A.The dogs shall be confined to an enclosed area adequate to insure that they will not escape. B.They shall be under the absolute control of a handler at all times. C.Warning signs shall be conspicuously posted indicating the presence of guard dogs,and such signs shall plainly show a telephone number where some person responsible for controlling such dogs can be reached at all times. D. Priorto the posting of guard dogs on any property, the person or persons responsible forthe posting shall inform the supervising Community Services Officer inwritingof their intention to post such dogs,the numberof dogs to be posted,the location where such dog or dogs will be posted and the approximate length of time such dog or dogs will be patrolling the area. E. Violations of this section are enforced as provided in Chapter 6.18. 6.14.030 Confinement of Females in Heat:Any un-spayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house,building, or secure enclosure,and such area of enclosure shall be so constructed that no other dog or dogs may gain access to the confined animal.Except that an owner can take the dog out of confinement so long as on a leash and can take the dog to a show and show that dog unleashed if a requirement of the show.The Community Services Officer shall order any un-spayed female that is in the stage of estrus (heat) and that is not properly confined or leashed or being shown unleashed at a show,or any such dog that is creating a neighborhood nuisance to be removed to a boarding kennel or to a veterinary hospital.All expenses incurred as a result of the confinement shall be paid by the owner.Failure to comply with the order of the Community Services Officer shall be a violation of this provision, and the animal shall then be impounded. 6.14.040 Responsibility of Owner or Custodian: A. Itshall be the responsibility of the owner or custodian of any animal withinthe corporate limits of the Cityto so control and care fortheir animal so as to prevent and keep that animal from being inviolation ofthischapter.In any proceedingtoenforce the provisionsofthis title,itshall be conclusively presumed thatthe owner orcustodian of any animalwithinthe corporate limits ofthe City isawareofthe animal'swhereabouts,condition,ormethod ofbeingtreatedand/or maintained. B. The owner or custodian of any animal within the corporate limits of the City shall be responsible for any cost, charge, fee, or expense of any nature incurred by the City in capturing,controlling,caring for,ordestroying any animal inviolation ofthischapter.Without limitation but byway of illustration,the following areexamples of costs,charges,fees, and expenses which theownerorcustodian shall be responsible to paytothe City:board charges, tranquilizer costs,euthanasia costs,veterinary expenses. 6.14.050 InterferenceWith Community Services Officer: Itshall be unlawful forany person to interfere with, molest, hinderorobstructa Community Services Officer orany City employee or official in the discharge of his official duties under this chapter. 6.14.060 Running At Large: A.It is unlawful for anyowner orcustodian ofanydog to permit any suchdog to run loose orbe at large upon any public street,highway,orpublic place,orupon private property owned bya person orpersons other than theowner orcustodian ofthedog,within the corporate limits of theCity unless such dog isconfined and controlled bya leash,rope,device orcord of such length asis sufficiently short toallow for thecontainment and control ofsuch dog.Such leash, rope,device,or cord shall beofsuch material and of such size as to insure the custodian ofi^J the dog at the time can control and restrain the dog.Any person who elects to be at large within thecorporate limits ofthe City with a dog ordogs contained and controlled bya leash, rope,device,orcord as provided for herein shall be in violation ofthis section ifthat person Ordinance No.2757 Page 18 March 10,2015 in fact does not or cannot control and contain any dog by the leash,rope,device,or cord ^^^ method.(] B. Animals injured or killed inthe street shallbe considered as running at large;the Community Services Officer shall remove all such animals and,at his discretion,take those needing medical attention to a veterinarian or the animal shelter.The owner of any such animal shall be responsible for all expenses ofthe treatment andofthe impoundment. Reasonable efforts will be made usingthe licensingrecordsofthe Citytonotifythe ownerorcustodian ofanysuch animal prior to the animal being treated and impounded.Injured animals may be destroyed humanely, if itis determined by the Community Services Officeror a veterinarian that the animal has sustained critical injuries, suffering is extreme,and/or the prognosis forrecovery is poor.The CommunityServices Officershallconsult with a veterinarian as tothe disposition of injured animals, when the animals' prognosis cannot be ascertained with reasonable certainty. 6.14.070 Habitual Violations: A.If,within anytwelve(12)month period,a person has receivedthree (3)noticesof infraction for violations of this chapter, the Community Services Officer may serve a written abatement noticeon the personoruponthe owner/keeper ofthe animalthatisthe subject ofthe notices of infraction. No notice of infractionwhich a person has properly responded to and is actively pending,orthatwas decided on the meritsadverselytothe City,shallbe included among the three (3) notices of infraction.Service of the abatement notice shall be accomplished by issuing a Noticeof Violation and Orderto Correct pursuantto MLMC Chapter 1.20. B.The Notice of Violation shall,at a minimum: 1.Identify the three (3)notices of infraction; 2. Identifythe provision of this chapter that authorizes the abatement notice; and 3.Describe what the person receiving the abatement notice mustdo to comply with its terms and the deadline for doing so.This may include permanently transferring ownership, custody and control of the animal to another person not related to or residing with the person receiving the Notice;removing the animal from the City;or humanelycausing such animal to be euthanized. C.The person receiving the abatement notice shall,upon request of the Community Services Officer, provide the Community Services Officer with a written statement signed under the penalty of perjury,stating how the person has complied with such abatement notice.Such person shall provide the Community ServicesOfficersuch otherinformation asthe Community Services Officer reasonably needs to substantiate compliance with the notice. D.Inthe eventthat the person receiving the abatement notice should fail to complytherewith,and in the further event that such person should not file a notice of appeal of such abatement notice as herein provided, or in the event that such person should fail to comply with such notice of abatement following affirmance thereof bya court,the animalwhich isthe subject of such notice of abatement shall be deemed to be a public nuisance and it may be seized, impounded and disposed of as provided in this chapter;provided,however,that the owner/keeper of such animal shall not be entitled to redeem such animal after such seizure and impoundment. 6.14.080 DogsBarking:It shall bean infraction tokeep orharbor anydogthatdisturbs othersbyengaging in loud behavioror barking.It shall be the duty of City Police Officers or Community Services Officers torespondtoand investigate complaints ofanydogwhich byfrequent orhabitual howling,yelping,or barking annoys or disturbs aneighborhood or the quiet and repose of acomplainant,(**) and shall have the authority to issue a notice of infraction. n Ordinance No.2757 Page 19 March 10,2015 6.14.090 Animal Bites/lniuries:Itshall be unlawful for any owner or custodian to permit an animal to bite or M injure a human or domestic animal. Section 8.Chapter 6.16 of the Moses Lake Municipal Code titled "Exotic Animals" is created as follows: CHAPTER 6.16 EXOTIC ANIMALS 6.16.010 Chapter intent: It is the intent of the Moses Lake City Council to limit and set conditions on the possession or maintenance of exoticanimals inorder to preserve the public peaceand safety and to assure the humane treatment of exotic animals. 6.16.020 Definitions:ThedefinitionsinChapter6.02 apply throughoutthis chapter unless the context clearly requires otherwise. 6.16.030 Possession Unlawful -Exception -Rules and Regulations Compliance:The possession or maintenance of an exotic animal within the City of Moses Lake by private citizens as pets is prohibited unless the owner possessed or maintained the exotic animal on or before January 1, 2014, and agrees to promptly act to satisfy the licensing requirements of this titleand such rules and regulations as the City Manager/Community Services Officer may adopt regarding the maintenance of the animals. 6.16.040 License -Issuance Generally -Fees:The Finance Director may cause to be issued an exotic animal owner's license that shall authorize the licensee to possess or maintain allor some of such species of exotic animals ifthe application is accompanied by paymentofthe licensefee,contains the information required pursuant to this title and meets the cage or confinement rules and regulations of the Community Services Officer.The fee for the license shall be as provided for in this title.All licenses shall expire one (1)year from the original application. 6.16.050 License - Application-Content:Averified application for an exotic animal owner's license made in triplicate shall be filed by the applicant withthe Community Services Officer.The application shall contain the following: A.Alegalorotherwiseadequately precise descriptionofthe premises that the applicantdesires to use under the required license; B.Whether the applicant owns or rents the premises to be used; C.If the applicantrents the premises, a written acknowledgment bythe property ownerthatthe applicant has the owner's permission to carry on the activity as described in the license application for the duration of the license; D.The extent of improvement upon the premises; E. Amap or diagram ofthe premises showingwhere the improvementsare located thereon; F. A statement indicatingthe species of exotic animal that the applicant desires to possess or maintain; G. Astatement indicating how the animal will becaged orotherwiseconfined,accompaniedwith a drawing detailing the dimensions of and the materials used for the cage or similar confinement;and u H.Such further information as may be required by rules and regulations of the Community Services Officer. Ordinance No.2757 Page 20 ____March 10,2015 6.16.060 License -Issuance - Inspection:If,after investigation by the Community Services Officer, it appears that the applicant is the owner or tenant of or has a possessory interest in the property (^ shown inthe application;ifapplicable,has the written permission of the propertyowner and that the applicant intends in good faith to possess ormaintain anexotic animal inaccordancewith the lawand the rules and regulations of this Chapter, the Finance Directorshall issue a license to the applicant describing therein the premises to be used by the licensee and certifying that the licensee is lawfully entitledtouse the same for the possession or maintenance ofthe exotic animal oranimalsspecified inthe license.However,before issuingthe license,the Community Services Officershallinspect the cage orother confinement as required by ruleor regulation and specified in the licensee's application in order to determine whether the cage or confinement meets the standard specifications for the classification of the exotic animal.Ifthe cage or confinement is deemed inadequate,the applicant shall make such changes as are necessary to meet the standard specifications before the license shall be issued. 6.16.070 Periodic Inspection of Premises:The Community Services Officer, orany other officer authorized bythe CityManager,may make routine periodic inspectionsofa licensee's premises and records inorder to determine the number, kind, weight and condition of exotic animals possessed by the licensee, and for purposes of enforcingthis chapter and the rules and regulations herein. 6.16.080 License Revocation -Notice - Hearing:The Finance Director may revoke,suspend or refuse to renewanyexoticanimalowner's license upongood cause for failure tocomplywithany provision ofthis chapterorthe rulesand regulations ofthe Community Services Officerauthorized bythis chapter,thoughthe violator shall be first notified of the specific violation or violations and, ifthe violation can be remedied,the violator shall have fifteen (15)calendar days after receiving the notice of violation to correct the violation.Also,enforcement of such revocation,suspension or refusal shall be stayed during the pendency of an appeal filed in the matter. 6.16.090 Violation-Penalty:Any person possessing ormaintaining an exoticanimal in Moses Lakewithoutanexoticanimalowner's license as provided herein,or transferring possession of an exotic animal f**} to a person not licensed as provided by this chapter,is guilty of a civil infraction and shall be subject to a penalty as provided for in Chapter 6.18 for failing to properly obtain a license.Any exotic animal maintained or possessed within the City in violation of any other provision of this Chapter shall be deemed a public nuisance and the owner shall be subject to a Notice of Violation and Order to Correct pursuant to MLMC Chapter 1.20. 6.16.100 Euthanasia in Exigent Circumstances:An exotic animal possessed or maintained in violation of this chapter or the rules and regulations of the Community Services Officer may be subject to euthanasia ifany one of the following exigent circumstances is deemed to existby the Community Services Officer: A.The exotic animal presents an imminent likelihood ofserious physical harm to the public and there is no other reasonably available means of abatement; B.There is no reasonable basis to believe that the violation can be or in good faith will be corrected and after reasonable search orinquirybythe Community Services Officer no facility as authorized by local,state or federal law is available to house the exotic animal;or C.The exotic animal suffers from a communicable disease injurious to other animals or human beings,though this subsection shall not apply ifthe animal is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings. 6.16.110 Chapter limitations: A. The purpose of this chapter is to prohibit the private ownership of exotic animals as pets. Therefore,the provisions of this chapter shall not apply to any facility possessing or {**) maintainingexotic animals as defined inthis chapterwhich is owned,operated,ormaintained bythe City,County,State orthe federal government,including but not limited to public zoos, Ordinance No.2757 Page 21 March 10,2015 nor shall itapply to museums,laboratories and research facilities maintained by scientific or M educational institutions,nor to private or commercial activities such as circuses,fairs,or private zoological parks which are otherwise regulated by law, nor to any recognized program engaged inthe training of exotic animals as defined inthis chapter for use as service animals by disabled citizens. B.Breeding,or allowing the reproduction of,exotic animals as defined in this chapter is prohibited; provided,that this prohibitionshall notapply to any governmentalfacilitypossessing or maintaining exotic animals,nor shall itapply to private or commercial activities as set forth in subsection A of this section. Section 9.Chapter 6.18 of the Moses Lake Municipal Code titled "Penalties and Enforcement"is created as follows: CHAPTER 6.18 PENALTIES AND ENFORCEMENT 6.18.010 Notice of Violation and Order to Correct:When the Community Services Officer determines that any violation of Title 6 requires further and/or additional enforcement action, he or she may proceed against that violation using the procedures provided inthis section and Chapter 1.20. A.Notice ofViolation and Order to Correct or Cease Activity: 1.General.Ifthe Community Services Officer or any Police Officer determines that any activityor condition, related to the keeping or management of animals as set forth inTitle 6 exists that does not conform to this Title, he or she may issue a Notice of Violation and Order to Correct or Cease Activity.This Notice will specifically indicate the following: ^J a.The name and address of the person(s)charged with the violation. b.What provision of this chapter is being violated. c.The street address of the site on which the violation has been determined to exist. d.What is necessary to correct the violation. e.The time by which the violation is to be corrected or activity ceased. f. A statement that the civil penalties established in Section 1.20.050(E) shall be assessed against the person(s)citedifthe violation isnotcorrected within the specified time period. 2. Noticeto Occupant and Owner. The Community Services Officershall deliver or cause to be delivered the Notice of Violation and Order to Correct or Cease Activity by U.S.postal mail, or certified mail return receipt requested,or personal service to the occupant or person in charge of the property. B.Appeals.Any Notice of Violation and Order to Correct or Cease Activity issued by the Community Services Officer shall be appealable to the Hearing Examiner as provided in Chapter 1.20. C. Penalties. Anyviolation forwhicha NoticeofViolation and Order to Correct or CeaseActivity has been issued shall be subject to the penalties provided for in Section 1.20.050(E). The cumulative penalty providedforinChapter 1.20 shall not preclude the initiation ofappropriate legal action to correct the violation. U OrdinanceNo.2757Page 22March10,2015D.TheCommunityServicesOfficermayreferthematterto the CityAttorneyforcivilenforcementby injunction orotherappropriateaction.E.Compromise,Settlement,and Disposition ofDisputesorLitigation.TheCommunityServicesOfficerandtheCityAttorneymaynegotiateasettlementorcompromise,orotherwisedisposeof adisputeor litigationwhento do so would be inthebestinterestsof the City.6.18.020Penalty: Failure tocomplywith anyprovisionsof thischapterotherthansectionsidentified inMLMC6.18.010shallsubjecttheviolator tothefollowingpenaltiesastheyaredefinedinChapter1.08ofthiscode:ViolationPenaltyA. Failure toobtainlicense(6.04.030)FirstoffenseC-13($100)Secondoffensewithin12monthsC-7($200)B. Failure torenewlicense(6.04.030)C-11($140)C. Failuretokeeprequiredrecords(6.04.020)C-13($100)D. Failure to affixlicense(6.04.030(B)C-20($25)E. Falserepresentation(6.04.030(E)C-7 ($200)F.Useoflicenseonanotheranimal(6.04.030(F)C-7($200)G. Failure toobtainormaintainkennellicense(6.04.040)C-7($200)H. Failuretodisposeof animalwhosepermit/licenseC-7 ($200)hasbeenrevoked(6.04.050(B)I.Failure toprovideevidenceofcurrentrabiesvaccinationC-13($100)(6.06.010(B)J. Failure to affixrabiestag(6.06.010(B)C-20($25)K. Failure orrefusaltoconfineorproduce,orthedestructionC-4($500)of, a bitinganimal(6.06.010(C)(D)(E)L. Failure to report bite injury orrabiesdiagnosis(6.06.010(F)(G)(H)C-4($500)M.Keepingofanimalin violation ofWAC246-100-191(6.06.010(A)C-13($100)N. Failure topay/renewregistrationfee for potentiallydangerousdog(6.10.110)C-7($200)O.Keepingdangerousdog in city limits(6.10.120(A)C-1($1,000)P. Failure toregisterpotentiallydangerousdog(6.10.120(B)C-4($500)Q. Failure tokeeppotentiallydangerousdoginrequiredenclosure(6.10.120©C-4($500)R. Failure to properlymuzzleand/orrestrain a potentiallydangerousdog(6.10.120(D)C-4($500)S.Dangerousdog at large(6.10.130)C-1($1,000)nnn kJ<jOrdinanceNo.2757Page23T.Livestockatlarge(6.14.010)FirstoffenseEachsubsequentoffenseU.Failuretocomplywithrestrictionsandconditionsforkeepingguarddogs(6.14.020)V.Failuretoconfinefemaleinheat(6.14.030)FirstoffenseEachsubsequentoffenseW.InterferencewithCommunityServicesOfficer(6.14.040)X. Dog atlarge(6.14.060)FirstoffenseSecondoffenseEachsubsequentoffenseY.Permittingananimalto biteorinjure(6.14.090)FirstoffenseEachsubsequentoffenseZ.Failuretoobtainanexoticanimallicense(6.16.090)March10,2015C-4($500)C-1($1,000)C-7($200)C-7($200)C-5($400)C-4($500)C-17($50)C-13($100)C-4($500)C-7($200)C-4($500)C-4($500)Section10.Thisordinanceshalltakeeffectandbe inforce five (5)daysafteritspassageand publicationof itssummaryasprovidedby law.AdoptedbytheCityCouncilandsignedby its Mayor onMarch24,2015ATTEST:aylor,FinancepirectorC)APPROVEDASTOFORM:UUlmLKatheriheL.Kenison,CityJfttomeyDickDeane,Mayor