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ORDINANCE NO. 2472
AN ORDINANCE AMENDING CHAPTER 6.05 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "ANIMAL CONTROL"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 6.05 of the Moses Lake Municipal Code entitled "Animal Control" is amended as follows:
6.05.020 Definitions: When used in this chapter, the following words shall have the following meanings:
A."Abandonment" means leaving of an animal by its owner or owners or other person 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" means any person or persons empowered by the city to
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.
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 danger or potential danger to 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
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domesticated by man, or any hybrids thereof, including wolf hybrids which are a cross
between a wolf and domestic dog, but not including domestic dogs (Canis familiaris).
Common names include wolf, coyote, jackal, hyena, fox, and all their hybrids,
b.Felidae, including any member of the cat (felis) family weighing over fifteen pounds
(15 lbs.) not customarily domesticated by man, or any hybrids thereof, but not
including domestic cats (Felis catus).
c.Ursidae, including any member of the bear family, or any hybrids thereof.
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ORDINANCE NO. 2472
PAGE 2 May 12, 2009
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 (Pit Vipers); 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.
J."Guard Dog" means a dog trained to protect persons or property by attacking or threatening
to attack any person found within the area patrolled by the dog. These dogs must be
registered with the city as a guard dog.
K."Household pets" means dogs, cats, rabbits, mice, hamsters, gerbils, parakeets, canaries,
finches, and other similar exotic fowl and songbirds, reptiles, amphibians, fish and similar
small 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. All other animals are prohibited
within the city unless otherwise provided herein.
L."Mistreatment" means every act or omission which cause or unreasonably permits the
continuation of unnecessary or unjustifiable pain or suffering.
M."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.
N."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.
0. "Running at Large" means off the premises of the owner and not under the effective control
of the owner, his agent, servant, or competent member of his family by means of a leash,
cord, or chain reasonable in length; except that, for the purpose of this definition, the
I not include common areas of a condominium complex, town
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bitten, attacked, or threatened any person or domestic animal before that time. I nis is a
specific abandonment of the common law concept that every dog was allowed one vicious
act before being declared vicious. It is not a vicious act for such dog to be in lawful defense
of its owner, keeper or custodian, the owner, keeper or custodian's real property or other
humans or domestic animals."
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Q. "Potentially Dangerous Dog" and "Dangerous Dog" have the meaning given them in RCW
Chapter 16.08.
Adopted by the City Council and signed by its Mayor on - •
Ronald C. Covey, May
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ORDINANCE NO. 2472
PAGE 3 May 12, 2009
R. All other words and phrases used herein will have their commonly accepted meanings.
6.05.080 Vicious Animals: No one shall keep, possess or harbor an animal within the city which acts in a
vicious manner. Dogs maintained as guard dogs or placed in an enclosed area, chained or
under control with a leash, 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 absolute control of their owner or custodian. A violation of this section shall be
punished as provided in section .190 of this chapter.
6.05.085 Notice and Order to Correct: It shall be the duty of the Community Services Officer or his or her
agents to impound such animal upon the complaint of three (3) individuals residing in separate
households and may do so in all other instances where the Community Services Officer or his
or her agents determine, in their opinion, that the animal is vicious, and if impoundment cannot
be made with safety to the Community Services Officer or other citizens, the animal may be
destroyed without notice to the owner, keeper or possessor. If an animal is impounded because
it is vicious or if an animal is determined by the Community Services Officer to be vicious, the
Community Services Officer shall cause a Notice and Order to Correct to be issued to the
custodian and/or owner of the dog in question as such can be determined from the city's dog
licensing records or other means. During the period provided in that Notice and Order and during
any period of appeal from that Notice and Order the dog in question shall remain impounded at
the expense of the owner or custodian or shall be required to be maintained in a controlled area
under the owner or custodian's control. The animal shall not be released to the owner or
custodian until after compliance with the Notice and Order to Correct unless the owner agrees
with the City Attorney to have the animal placed outside the corporate limits of the city or agrees
to have the animal euthanized. Having a vicious animal is declared to be a nuisance and may
be abated as such as prescribed by law.
Section 2. This ordinance shall be in full force and effect five days after its passage and publication of its
summary as provided by law.
ATTEST:
onald C. Cone, Finance Director
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ORDINANCE NO. 2472
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R. All other words and phrases used herein will have their commonly accepted meanings.
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