1293_00001ORDINANCENO.1293
AN ORDINANCEAMENDINGMOSESLAKEMUNICIPALCODECHAPTER6.05 ENTITLED"ANIMALCONTROL"
THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS:
Section 1.Moses Lake Municipal Code Chapter 6.05.020 is amended to provide asfollows:
i 6.05.020 Definitions:When used in this chapter;the following words shall have thefollowingmeanings:
A."Abandonment"means leaving of an animal by its owner or owners orotherpersonorpersonsresponsibleforitscareorcustodywithoutmakingeffectiveprovisionsforitspropercare.
B."Animal"means any animal other than humans.
C."Animal Control Officer"meansany person or persons empowered by thecitytoenforcetheprovisionsofthischapter.
D."Animal Shelter"means the facility designed by the city for the board-ing and caring of any animal impounded under the provisions of thischapteroranyotherordinanceorlawoftheStateofWashington.
E."Cats"means any animal of the species Felidae;regardless of sex.
F."CommonAreas of a condominium;Town House,or Apartment Buildings"
neans and includes but is not limited to the yards;grounds;patios,garden areas;play areas;clubhouses;swimmingpools;sidewalks,walk-ways;commongarage areas;entry ways;ha11ways,and driveways.
G."Dogs"means any animal of the species Canidae;regardless of sex.
I H."Dog Owner"means any person;firm;partnership;corporation;trustarrangement,or the like who owns;keeps;or harbors a dog or dogs.
I."Guard Dog"means a dog trained to protect persons or property by at-tacking or threatening to attack any person found within the area pa-trolled by the dog.These dogs must be registered with the city as aguarddog.
J."Mistreatment"means every act or omission which cause or unreasonablypermitsthecontinuationofunnecessaryorunjustifiablepainorsuffering.
K."Neglect"means failure to provide food;water;protection from theelements;opportunity for exercise;or other care normal usual and
proper for an animal's health and well-being.
L."Dwner or custodian"means any person;firm;partnership corporation;trust arrangement or the like who shall keep;maintain;control;carefor;or be responsible for keeping;maintaining;or caring for anyanimal.
M."Running at Large"means off the premises of the owner and not undertheeffectivecontroloftheowner;his agent;servant;or competentmemberofhisfamilybymeansofaleash;cord;or chain reasonable inlength;except that;for the purpose of this definition;the "premisesoftheowner"shall not include commonareas of a condominium complex;town houses;and apartment buildings;and any animal not in the effec-tive control of its owner upon the commonarea of a condominium;townhouseorapartmentbuilding;or the grounds thereof;shall be deemed toberunningatlarge.
N."Vicious Animal"means any animal that constitutes a physical threat tohumansorotherdomesticanimalswhetherornotsuchanimalhaseverdisplayedanyvicioustendencies;bitten;attacked;or threatened anypersonordomesticanimalbeforethattime.This is a specific aban-donment of the common law concept that every dog was allowed one vi-cious act before being declared vicious.
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0."Potentially Dangerous Dog"and "Dangerous Dog"have the meaning given
them in RCWChapter 16.08.
P.All other words and phrases used herein will have their commonly ac-cepted meanings.
6.05.025 Chapter Supplementary:The provisions of this chapter shall be supplemen-
tary to the provisions of RCWChapter 16.08 relating to dangerous dogs.
6.05.040 License Fee and Tag:The license fee shall be in the sum of three dollars
per year for neutered male dogs and spayed female dogs;and ten dollars per
year for non-neutered male and unspayed female dogs.Upon the payment of
such license fee to the Cit.y Clerk or his designee,and upon being shown
proof of a current rabies vaccination;it shall be the duty of the City
Clerk or his designee to issue a license to the party making application
therefor.
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 commenceon 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 city or his designee clerk shall;together with the license;fur-
nish a suitable tag which shall be worn by the dog for which such
license is issued and shall be fastened to such dog in such manner that
it can easily be inspected at all times by city authorities.Lost tagswillbereplacedbytheCityClerkorhisdesigneeuponapaymentofan
additional fee of one dollar.
C.All persons must present a current rabies vaccination receipt before a
city dog license can be obtained.
D.Pursuant to RCWChapter 16.08;the city is required to regulate and
issue certificates of registration for dangerous dogs.Such certifi-
cate shall be issued on an annual basis with no proration of the fee
provided for herein for less than a full year's registration of a dan-
gerous dog.The annual license period shall extend from January 1
through December 31 of each calendar year.It shall be the duty of
each owner to obtain a current registration for a dangerous dog prior
to January 1 of each licensing period or the cost of registration shall
be doubled.The annual fee for registration of a dangerous dog shall
be two hundred dollars ($200).
6.05.075 Habitual Violations -Animals Running at Large:
A.In addition to any other penalty provided for in this chapter;any
person responding to a notice of infraction for a dog or dogs running
at large (herein referred to as the current infraction)who has pre-
viously been found to have committed the same violation with the same
or different dogs on two or more separate dates within twelve (12)
months of the date of the current infraction;or who has been found to
have committed the same violation with the same or different dogs on
one prior date within twelve (12)months of the date of the current
infraction;and who has pending one or more infractions for the same
violation on dates within twelve (12)months of the current infraction
shall be placed on notice of enhanced relief being sought by the city
as provided for in this section.The violator shall be informed
within five (5)business days of the issuance of the current infrac-
tion that the city alleges the violator is an habitual violator of the
dog running at large sections of this chapter and of the enhanced pen
alt.y possible pursuant to this section.As an alleged habitual viola
tor;the respondent shall be liable for all monetary penalties pro-
vided for in this chapter.
B.Any dogs running at large whose owner is alleged to have violated this
section as an habitual violator of Moses Lake Municipal Code 6.05.070
may be impounded and held at the owner's expense;not to be released
except upon court order.If the dog owner is found to be an habitual
violator of Moses Lake Municipal Code 6.05.070 the court shall issue
an order directing the Animal Control Officer to seize and destroy all
dogs in the dog owner's possession which dogs are identified as having
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been running at large previously within twelve (12)months of the cur-rent infraction and ordering payment to the city of any costs incurred
by the city as a result of the impound of any animals.
6.05.150 Responsibility of Dwner or Custodian:
A.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 viola-
tion of this chapter.In any proceeding to enforce the provisions of
this chapter;it shall be conclusively presumed that the OWner or cus-I todian of any animal within the corporate limits of the city is awareoftheanimalswhereabouts;condition;or method of being treated and/
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 anynatureincurredbythecityincapturing;controlling;caring for;ordestroyinganyanimalinviolationofthischapter.Without limitation
but by way of illustration the following are examples of costs;charg-
es fees;and expenses which the owner or custodian shall be respon-sible to pay to the city:board charges;tranquilizer costs;euthana-
sia costs;veterinary expenses.
6.05.175 License and Permit Issuance and Revocation:
A.The City of Moses Lake may revoke any animal permit or license if the
person holding the permit or license refuses or fails to comply with
this chapter;the regulations promulgated by the City of Moses Lake;or
any law governing the protection and keeping of animals.
B.Any person whose animal permit or license is revoked shall;within ten(10)days thereafter;humanely dispose of all animals owned;kept;orharboredbysuchpersonandnopartofthepermitorlicensefeeshall
be refunded,
i C.It shall be a condition of the issuance of any permit or license thattheCityofMosesLakeshallbepermittedtoinspectallanimalsand
the premises where animals are kept at any time and shall;if permis-
sion for such inspection is refused;revoke the permit or license of
the refusing owner.
D.If the applicant has withheld or falsified any information on the ap-plication;the City of Moses Lake shall refuse to issue or may revoke apermitorlicense.
E.No person who has been convicted of cruelty to animals shall be issued
a permit or license to operate a commercial animal establishment.
F.Any person having been denied a license or permit may not reapply for aperiodofthirty(30)days.Each re-application shall be accompaniedb.y a ten dollar ($10)fee.
G.Any dog impounded under the provisions of this chapter shall not bereleaseduntiltheownerofsuchdogshallhavepaidallfeesandchargesdue.
6.05.190 Penalty:Failure to comply with any provisions of this chapter shall sub-
Ject the violator to the following penalties as they are defined in Chapter1Vi
a
othis code:
Penalty
A.No license on Dog (6.05.030)1.First offense C-182.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-72.Each subsequent offense C-4
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E.Refusal or failure to produce rabid animal C-1
(6.05.060)
F.Dog running at large (6.05.0701.First offense C-18
2.Second offense C-12
3.Each subsequent offense C-7
4.Failure to control dog by leash ordevice C-17 '
G.Keeping vicious animal (6.06.080)
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
0,Guard dog in violation of conditions (6.05.140)1.First offense C-12
2.Each subsequent offense C-4
K.Failure to contain female dog in estrus (heat)(6.05.140)1.First offense C-15
2.Each subsequent offense C-12
L.Obstructing Animal Control or Police Officer C-4
enforcing Chapter 6.05 (6.04.160
M.Failure to provide evidence of rabies
vaccination (6.05.060)C-17
N.Failure to pay annual dangerous dog C-2
registration fee
Section 2:This ordinance shall take effect and be in force five (5)days after its
passage and publication as provided by law.
Adopted by the City Council and signed by its Mayor on September 8,1987.
APPRO D AS TO FORM:
ty Attorn
SUMMARYPUBLISHED:9/16/87
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