1021_00001ORDINANCENO.1021
AN ORDINANCEREPEALINGCHAPTER6.04 OF THEMOSESLAKEMUNICI-PALCODEENTITLED"DDGSANDCATS"ANDENACTINGA NEWCHAPTER6.05 OF THEMOSESLAKEMUNICIPALCODEENTITLED"ANIMALCON-TROL."
THECITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS:
Section 1:Specific Repeal:Chapter 6.04 of the Moses Lake Municipal Code entitledi"Dogs and Cats"is hereby repealed in its entirety.
Section 2.New Chapter Enacted:Chapter 6.05 of the Moses Lake Municipal Codeshallreadasfollows:
6.05.010 Preamble:The City Council of the City of Moses Lake in accordancewithitsdutytosafeguardthesafetyofthecitizensoftheCityofMosesLake,finds and declares that it is in the best interests of thecitizensoftheCit.y of Moses Lake that the following ordinance regard-ing Animal Control be enacted.
6.05.020 Definitions:When used in this chapter,the following words shall havethefollowingmeanings:
A.Abandonment:Leaving of an animal by its owner or owners or otherpersonorpersonsresponsibleforitscareorcustodywithoutmakingeffectiveprovisionsforitspropercare.
B.Animal:Any animal other than humans.
C.Animal Control Officer:Any person or persons empowered by thecitytoenforcetheprovisionsofthischapter.
D.Animal Shelter:The facility designed by the city for the boardingiandcaringofanyanimalimpoundedundertheprovisionsofthischapteroranyotherordinanceorlawoftheStateofWashington.
E.Cats:Any animal of the species Felidae,regardless of sex.
F.CommonAreas of a Condominium,Town House,or Apartment Buildings:Includes but is not limited to the yards,grounds,patios,gardenareas,play areas,clubhouses,swimmingpools,sidewalks,walkways,
commongarage areas,entry ways,hallways,and driveways.
G.Dogs:Any animal of the species Canidae,regardless of sex.
H.Dog Owner:Any person,firm,partnership,corporation,trustarrangement,or the like who owns,keeps,or harbors a dog or dogs.
I.Guard Dog:A dog trained to protect persons or property by attack-ing or threatening to attack any person found within the areapatrolledbythedog.These dogs must be registered with the cityasaguarddog.
J.Mistreatment:Every act or omission which causes or unreasonablypermitsthecontinuationofunnecessaryorunjustifiablepainorsuffering.
I K.Neglect:Failure to provide food,water,protection from the ele-ments,opportunity for exercise,or other care normal,usual andproperforananimal's health and well-being.
L.Owner or custodian: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 foranyanimal.
M.Running at Large:Off the premises of the owner and not under theeffectivecontrolofthatowner,his agent,servant,or competentmemberofhisfamilybymeansofaleash,cord,or chain reasonableinlength;except that,for the purpose of this definition,the"premisesof the owner"shall not include commonareas of a condo-minium complex,town houses,and apartment buildings,and anyanimalnotintheeffectivecontrolofitsowneruponthecommonareaofacondominium,townhouse or apartment building,or thegroundsthereof,shall be deemed to be running at large.
ORD.1021/Pg.2
N.Vicious Animal:Any animal that constitutes a physical threat tohumansorotherdomesticanimals.
6.05.030 License Required:It is unlawful for any person or persons to own orharboranydogovertheageofsixmonthswithinthecorporatelimitsofthecity,unless such person or persons first procures a licensethereforasprovidedinthischapter.
6.05.040 License Fee and Taq:The license fee shall be in the sum of threedollarsperyearforneuteredmaledogsandspayedfemaledogs,and tendollarsperyearfornon-neutered male and unspayed female dogs.Upon
the payment of such license fee to the City Clerk or his designee,and
upon being shown proof of a current rabies vaccination,it shall be thedutyoftheCityClerkorhisdesigneetoissuealicensetothepartymakingapplicationtherefor.
A.The license shall expire on the first day of January next succeed-ing the date of the issuance thereof and the time fixed for theissuingofalicenseshallcommenceonthefirstdayofJanuary 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 anyyearorpartthereof.
B.The City or his designee Clerk shall,together with the license,
furnish a suitable tag which shall be worn by the dog for whichsuchlicenseisissuedandshallbefastenedtosuchdoginsuch
manner that it can easily be inspected at all times by city author-
ities.Lost tags will be replaced by the City Clerk or his desig-
nee upon a payment of an additional fee of one dollar.
C.All persons must present a current rabies vaccination receipt
before a city dog license can be obtained.
6.05.050 Kennel License Required:No person,group of persons,or business
entit.y shall own,keep,or harbor more than three dogs or four cats or
any combination thereof of more than four animals,of six 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 city Clerk orhisdesignee.
A.The kennel license shall expire on the first day of January nextsucceedingthedateoftheissuancethereof.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 anyyearorpartthereof.
B.The yearly fee for licensing a kennel shall be fifty dollars whichshallbetheonlybusinesslicensefeethecityrequiresofkennel
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 apply to and will not be construed to require
a kennel license for any pet shop which sells animals of less than
six months of age.
E.Kennel licenses shall not be issued for use in areas zoned R-1 and
R-2.
6.05.060 Rabies Control:
A.All cats and dogs over the age of four months or dogs with a full
set of canine teeth shall have a current rabies vaccination admin-
istered by a licensed veterinarian.If a dog or cat is obtained
from the Animal Control Shelter,the dog or cat shall be vaccinated
within thirty (30)days of obtaining the dog or cat.An owneracquiringadogorcatshallhavesuchdogorcatinoculatedagainst
rabies within thirty (30)days after the dog or cat reaches four
ORD.1021/Pg.3
months of age.Any person moving into the city from a locationoutsideofthecit.y shall comply with this section thirty (30)daysafterhavingmovedintothecity.A current rabies vaccination
means that a dog vaccinated between three months to one year shallberevaccinatedwithinoneyearandthenrevaccinatedatleastwithineverythreeyearsthereafterandthatacatshallbere-vaccinated annually.
B.Any dog,cat,or other animal that has bitten any person shall beimmediatelyconfinedforaperiodoftendays.No animal underconfinementshallbereleasedfromconfinementuntilsuchreleaseihasbeenapprovedbytheAnimalControlOfficer.
C.It shall be unlawful for the owner of any dog,cat,or other animalthathasbittenanypersontodestroysuchanimalbeforeitcanbeproperlyconfinedbytheAnimalControlOfficer.The location ofsuchconfinementshallbedeterminedbytheAnimalControlOfficerandshallbeattheexpenseoftheowner.
D.The owner of any animal that has been reported as having inflictec
a bite on any person shall,on demand of an Animal Control Officer,produce such animal for examination and quarantine as prescribed inthissection.If the owner,his agent,servant or competentmemberofhisfamily,or any custodian of any such animal refusestoproducesuchanimal,the owner,his agent,servant or competentmemberofhisfamily,or any custodian shall be subject to immediatearrestifthereshallbeprobablecausetobelievethattheanimalhasinflictedabiteuponapersonandtheowner,his agent,servantorcompetentmemberofhisfamily,or any custodian is keeping orharboringtheanimalandwillfullyrefusestoproducetheanimaluponsuchdemand.Such persons shall be taken before a judge oftheMunicipalCourt,who may order the immediate production of theanimal.If the owner,his agent,servant or competent member ofhisfamily,or any custodian of such animal shall willfully orknowinglysecreteorrefusetoproducetheanimal,each day ofIsecretionorrefusaltoproducetheanimalshallconstituteaseparateandindividualviolationofthissection.
E.When an animal under quarantine has been diagnosed as being rabidbyalicensedveterinarian,the veterinarian making such diagnosisshallimmediatelynotifytheCountyPublicHealthOfficerandadvisehimofanyreportsofhumancontactwithsuchrabiddog.Ifanyanimalunderquarantinedieswhileunderobservation,theAnimalControlOfficerorhisagentsshallimmediatelytakeactiontoobtainapathologicalandinoculationexaminationoftheanimal.As soon as a diagnosis is made available,the Animal Control OfficershallnotifytheCountyPublicHealthOfficerofanyreportsofhumancontactwiththeanimal.Any animal which has not beeninoculatedagainstrabiesandknowntohavebeenbittenbyarabidanimalshallbehumanelydestroyedimmediately.
F.Every physician or other medical practitioner who treats a personorpersonsforbitesinflictedbyanimalsshallreportsuchtreat-ment to the Animal Control Officer,giving the names and addressesofsuchpersons.
G.Any veterinarian who diagnoses rabies in any animal shall reportsuchfacttotheAnimalControlOfficer.The veterinarian shalldetermine,before any rabies inoculation is given,whether theisubjectanimalisunderquarantineorhasinflictedabiteonanypersonwithinthelasttendays.
H.In case of an outbreak of rabies,constituting an emergency situa-tion,the City Manager shall be authorized to impose strict regula-tions pertaining to animals within the city limits.
ORD.1021/Pg.4
6.05.070 Running At Larqe:It is unlawful for any owner or custodian of any dog
to permit any such dog to run loose or be at large upon any public
street,highway,or public place,or upon private property owned b.y apersonorpersonsotherthantheownerorcustodianofthedog,within
the corporate limits of the city.
A.Animals injured or killed in the street shall be considered as run-ning at large;the Animal Control Officer shall remove all suchanimalsand,at his discretion,take those needing medical atten-tion to a veterinarian or to the animal control shelter.The ownerofanysuchanimalshallberesponsibleforallexpensesofthetreatmentandoftheimpoundment.All reasonable efforts will bemadetonotifytheownerorcustodianofanysuchanimalpriortotheanimalbeingtreatedandimpounded.Injured animals may be
destroyed humanely,if it is determined by the Animal controlOfficeroraveterinarianthattheanimalhassustainedcritical
injuries,suffering is extreme,and/or the prognosis for recoveryispoor.The Animal Control Officer shall consult with a veterin-arian as to the disposition of injured animals,when the animals'
prognosis cannot be ascertained with reasonable certainty.
6.05.080 Vicious Animals:No one shall keep,possess or harbor a vicious animal
within the city.It shall be the duty of the Animal Control Officer orhisagentstoimpoundsuchanimaluponthecomplaintofthreeindividu-
als residing in separate households and may do so in all other instances
where the Animal Control Officer or his agents determine,in theiropinion,that the animal is vicious,and if impoundmentcannot be madewithsafetytotheAnimalControlOfficerorothercitizens,the animal
may be destroyed without notice to the owner,keeper or possessor.Dogs maintained as guard dogs or placed in an enclosed area,chained orundercontrolwithaleash,cord,reasonable in length,for protection
of persons or property shall not be included under this section so long
as they remain confined to a specific area under complete and absolutecontroloftheirownerorcustodian.If an animal is impounded because
it is vicious,a mandatory court appearance is necessary and the animal
shall not be released to the owner or custodian until after the courtappearanceunlesstheowneragreeswiththeCityAttorneytohavetheanimalplacedoutsidethecorporatelimitsofthecityoragreestohavetheanimaleuthanized.Having a vicious animal is declared to be
a nuisance and may be abated as such as prescribed by law.
6.05.090 Impoundment Procedure -Disposition:
A.Any dog found running at large contrar.y to the provisions of this
chapter within the corporate limits of the city shall be subject toseizurebyaPoliceOfficer,Animal Control Officer,or any other
city authority designated by the City Manager for the purpose ofseizingsuchdogs.Any private person shall have the right toseizeanysuchdogandtoimmediatelynotifythecitypoliceauthor-
ities.
B.Any other animal which may be impounded under the provisions of
this chapter shall also be subject to seizure by a Police Officer,
Animal Control Officer,or any other city authority designated by
the City Manager for the purpose of seizing such animal.
C.After any such seizure,a written record thereof shall be kept in arecordbookforthatpurposeatthecityPoliceDepartment,which
record shall give a general discription of such dog,and such dog
so seized shall be held for a period of forty-eight hours from thetimeofimpounding,exclusive of holidays and Sundays,during which
time the owner or custodian of such dog,upon establishing owner-ship or control of such dog,may recover the same by procuring alicenseforsuchdogifnonehasbeenissuedandpayinganimpound-
ing and/or redemption fee,together with a boarding fee in the sumoffivedollarsperdayoranypartthereof,which shall be paid tothekeeperofsuchdog.The impounding and/or redemption fee for
the first time a dog is seized shall be ten dollars which shall be
waived if the dog is redeemed by the owner or the agent of the
owner.For the second time a dog is seized shall be twenty dol-
lars,and for a third or further time a dog is seized shall be
thirty-five dollars.The owner,by paying such impounding and/or
redemption fee and boarding fee,shall not thereafter be immune
from other liabilities imposed by this chapter.The impound fee
can be waived by the Animal Control Officer in his discretion.
ORD.1021/Pg.5
0.If such dog is not claimed within forty-eight hours,exclusive ofholidaysandSundays,from the time of impounding,the dog may beputtodeath,or otherwise disposed of as directed by the PoliceChief.Any funds received from the sale of the dogs,in additiontothecostofboardingthedogs,shall be placed in the currentexpensefundofthecity.
6.05.100 Cats -Impoundment and Disposition:Any person residing within thecorporatelimitsofthecityandowningacatmaydeliversuchcattothePoliceDepartment,upon the execution of the necessary releases andwaiversonformsprovidedforbythePoliceDepartmentanduponpaymentiofthenecessaryimpounding,boarding,and euthanizing fees,for disp-osition.The owner of a cat brought in for disposition may requestthatsuchcatbeeuthanizedimmediately.Alternately,such cat broughtinfordispositionmaybeheld,upon request of the owner,for a periodofforty-eight hours from the time of impounding,exclusive of holidaysandSundays,for the purpose of attempting to locate an adoptive homeforsuchcat.If such cat remains impounded after the aforesaid forty-eight hour period,such cat may be euthanized,or otherwise disposed ofasdirectedbythePoliceChief.Any funds received from the sale ofanycats,in addition to the cost of boarding such cats,shall beplacedinthecurrentexpensefundofthecity.
6.05.110 Dogs Barking:It shall be the duty of city Police Officers or AnimalControlOfficerstorespondtoandinvestigatecomplaintsofanydogwhichbyfrequentorhabitualhowling,yelping,or barking annoys ordisturbsaneighborhoodorthequietandreposeofacomplainant,andshallhavetheauthoritytoissueacitationifwarranted.
6.05.120 Large Livestock Running at Larqa:It shall be unlawful for the ownerorcustodianoranyhorse,livestock,or other animals generally regardedasfarmorranchanimalstopermitthesametorunatlargewithinthecorporatelimitsofthecity.
6.05.130 Guard Dogs:It shall be unlawful to place or maintain guard dogs in
i any area for the protection of persons or property unless the followingconditionsaremet:
A.The dogs shall be confined to an enclosed area adequate to insurethattheywillnotescape;or
B.They shall be under the absolute control of a handler at all times;and
C.Warning signs shall be conspicuously posted indicating the presenceofguarddogs,and such signs shall plainly show a telephone numberwheresomepersonresponsibleforcontrollingsuchdogscanbereachedatalltimes;and
D.Prior to the posting of guard dogs on any property,the person orpersonsresponsibleforthepostingshallinformthesupervisingAnimalControlOfficerinwritingoftheirintentiontopostsuchdogs,the number of dogs to be posted,the location where such dogordogswillbepostedandtheapproximatelengthoftimesuchdogordogswillbepatrollingthearea.
6.05.140 Confinement of Females in Heat:Any unspayed female dog in the stageofestrus(heat)shall be confined during such period of time in ahouse,building,or secure enclosure,and such area of enclosure shallibesoconstructedthatnootherdogordogsmaygainaccesstotheconfinedanimal.The Animal Control Officer shall order any unspayedfemalethatisinthestageofestrus(heat)and that is not properlyconfinedoranysuchdogthatiscreatinganeighborhoodnuisanceto beremovedtoaboardingkennelortoaveterinaryhospital.All expensesincurredasaresultoftheconfinementshallbepaidbytheowner.Failure to comply with the order of the Animal Control Officer shall beaviolationofthisprovision,and the animal shall then be impoundedasprescribedinthischapter,subject to monetar.y penalties and chargesasdirected.
ORD.1021/Pg.6
6.05.150 Responsibility of Owner or Custodian:It shall be the responsibility
of the owner or custodian of any animal within the corporate limits of
the city to so control and care for their animal so as to prevent and
keep that animal from being in violation of this chapter.In anyproceedingtoenforcetheprovisionsofthischapter,it shall beconclusivelypresumedthattheownerorcustodianofanyanimalwithin
the corporate limits of the city is aware of the animals whereabouts,
condition,or method of being treated and/or maintained.
6.05.160 Interference With Animal Control Officer:It shall be unlawful for any
person to interfere with,molest,hinder or obstruct an Animal Control
Officer or any city employee or official in the discharge of his offi-cial duties under this chapter.
6.05.170 Fjes_:Any dog impounded under the provisions of this chapter shall not
be released until the owner of such dog shall have paid all fees andchargesdue.
6.05.180 Records:
A.It shall be the duty of the Animal Control Officer to keep,or
cause to be kept,accurate and detailed records of the impoundment
and disposition of all dogs coming into his custody and of all
reports of animal bites reported to him.
B.It shall be the duty of the City Clerk or his designee to keep arecordofthenamesofallpersonstowhomlicensesareissuedwith
the number of each license and whether for a male or female dog orwhetherthemaledoghasbeenneuteredorthefemaledogspayed.
6.05.190 Penalty:Failure to comply with any provisions of this chapter shallsubjecttheviolatortothefollowingpenaltiesastheyaredefinedin
Chapter 1.08 of this code:
Violation Penalty
A.No license on Dog (6.05.030)1.First offense C-18
2.Subsequent offense within 12 months,each C-14
B.No kennel license (6.05.050)C-15
C.Failure to renew license (6.05.060)C-12
D.Failure to confine biting animal (6.05.060)1.First offense C-7
2.Each subsequent offense C-4
E.Refusal or failure to produce rabid animal C-1(6.05.060)
F.Dog running at large (6.05.070)1.First offense C-18
2.Second offense C-12
3.Each subsequent offense C-7
G.Keeping vicious animal (6.05.080)1.First offense C-7
2.Each subsequent offense C-4
H.Dogs barking (6.05.110)1.First offense C-18
2.Second offense C-12
3.Each subsequent offense C-7
I.Livestock at large (6.05.120)1.First offense C-18
2.Each subsequent offense C-12
ORD.1021/Pg.7
J.Guard dog in violation of conditions (6.05.140)1.First offense C-122.Each subsequent offense C-4
K.Failure to contain female dog in estrus (heat)(6.05.140)1.First offense C-152.Each subsequent offense C-12
L.Obstructing Animal control or Police OfficerenforcingChapter6.05 (6.04.160)C-4i6.05.200 Severability:If any section,subsection,sentence,clause,or phraseofthischapterisforanyreasonheldtobeunconstitutionalorinvalid,such decision shall not affect the remaining portions of thischapter.
Section 3.This ordinance sha11.take effect and be in force five (5)days afteritspassageandpublicationasprovidedbylaw.
PASSEDby the City Council of the City of Moses Lake,Washington,and APPROVEDbyitsMayorthis14thdayofJuly,1981.
'-'MayorATTEST:
City Clerk
AS
i y/City Attorney
Publish:July 24,1981
i