,1 id" ORDINANCE NO. DISPOSED OF IN A HUMANE ~ffinner: Means adopted or euthanized by an overdose of sodium phenobarbital.

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1 ORDINANCE NO.,1 id" AN ORDINANCE, with reference to regulating the keeping, licensing and control of animals and the impounding, disposition and destruction thereof, providing penalties therefor, and repealing Ordinance No. 133 and Ordinance No Council NOW, THEREFORE, be it ordained by the City of the City of East Wenatchee as follows: SECTION I. East Wenatchee City Ordinance No. 133 and Ordinance No. 276 are hereby repealed in their entirety. SECTION II. DEFINITIONS. As used in this Ordinance, except where a different meaning is plainly apparent from the context, the following definitions apply. ADMINISTRATIVE FEE: Means the charge levied by the Wenatchee Valley Humane Society I s animal shelter for apprehending an animal and placing it in its custody. ALTER: Means to permanently render an animal incapable of reproduction for medical reasons, whether or not surgically altered. ANIMAL: CITY: Means the vertebrae except homosapiens. Means the City of East Wenatchee. DANGEROUS ANI~ffiL: Means any animal other than a cat or dog determined by the director, following a hearing, to be a risk to human health or safety or health or safety of other animals. Society. DIRECTOR: DEPARTMENT: Society and Animal Shelter. Means the director of the Humane Means the Department of the Humane DISPOSED OF IN A HUMANE ~ffinner: Means adopted or euthanized by an overdose of sodium phenobarbital. animal in custody. DETAINED: Means to apprehend and/or keep an GUARD DOG OR ATTACK DOG: ~1eans any member of a dog family canine not owned by a government agency which has been trained and is used for the purpose of protecting persons or property by exhibiting hostile and aggressive behavior or which will attack on signal or command. -1-

2 HARBORING: Means allowing any animal to remain, lodged, fed or sheltered on property one owns, occupies or controls for more than twenty-four (24) hours. HOLDING PERIOD: Means seventy-two (72) hours, commencing at 1:00 a.m. following the date of detainment of any animal excluding any day the Wenatchee Animal Shelter or other facility for detaining is not open to the public. Hm'1ANE SOCIETY: Means any organization, whether private or public, that the City of East Wenatchee may contract with for the control of animals within the city limits and for the enforcement of these Ordinances. HUMANE OFFICER: Means any employee of the Humane Society. OWNER: Means a person who harbors, keeps, causes or permits an animal to be harbored or kept, or who has an animal in his or her possession or custody, or who permits an animal to remain on or about his or her premises or who has legal title to the animal. PERMIT: Means human conduct in relation to an owned animal which is intentional, deliberate, careless, inadvertent or negligent. TRESPASSING: Means an animal which enters upon the property of another persons without the authorization of the lawful occupant. VICIOUS ANIMAL: Means an animal which has bitten, clawed or otherwise harmed a human being or another animal, or which demonstrates menacing behavior toward human beings or domestic animals, but does not include an animal that bites, attacks or menaces a person or another animal that tormented or hurt it before the retaliatory attack. SECTION III: ENFORCEMENT. The city shall contract with a qualified entity to perform the services of the Humane Society. Said Humane Society shall have exclusive authority to supervise and enforce the provisions of this Ordinance. Should the city fail to contract with a qualified entity to perform the services of the Humane Society, the East Wenatchee Police Department shall perform the services of supervision and enforcement of this Ordinance until such time as the city has secured the services of a qualified entity to perform said services. SECTION IV: ANIMAL SHELTER. There shall be an animal shelter for detaining animals and facilities for -2-

3 humane disposable of animals. No animal at this animal shelter shall be used, sold, loaned or given away for medical or research purposes whether the animal is dead or alive. It shall be the duty of the Humane Officer to seize and impound any and all animals constituting a public nuisance, as defined herein. Impounding any be upon the written complaint of any two persons, or upon actual observation by the Humane Officer of an animal creating a public nuisance, as defined herein. The Humane Officer shall, upon impounding any animal, make a complete registry thereof, entering the breed, color, sex, whether licensed or not, and the time and place of impoundment. If licensed, he shall enter the name and address of the owner and the number of the license tab. SECTION V: ANHlAL LICENSES GENERALLY. The following animal licenses shall be required: Dog licenses, pet kennel licenses, guard and attack dog licenses, and dangerous animal licenses. The licenses are not transferable. Applications for licenses and permits shall be made on forms approved by the director of the animal shelter and shall be accompanied by the fee set by the animal shelter or city ordinance along with proof of alteration if the animal is altered. Licenses shall be issued in the name of the owner and shall be numbered serially. An identification tag inscribed with "East ~'venatchee", a number corresponding to the license, and the license expiration date shall accompany each license issued. The licenses shall be issued for a twelve (12) month period. Any owner of a dog, which is four (4) months of age or older, must obtain a valid license for each such animal. Licenses shall be available on December 1 of each year for the following year and must be purchased on or before January 15th of each year. SECTION VI: PET KENNEL LICENSES. No person shall keep more than three (3) dogs which are over four (4) months of age on any premises in the city without having a pet kennel license for each of the premises at which the animals are kept. The director shall issue a pet kennel license only after it has been determined that the proposed use is consistent with the East Wenatchee zoning code as now existing and hereafter amended and the director of public health has determined that the premises proposed to be -3-

4 licensed are sanitary and that its use as a kennel is consistent with public health, safety, and welfare in and in conformity with other health department rules and regulations. SECTION VII: GUARD OR ATTACK DOG LICENSE. No person shall use a guard dog or attack dog without first obtaining a guard or attack dog license therefor. The applicant for the guard or attack dog license shall certify the following information to the director: 1. The name and address of the owner of the guard dog or attack dog, a description of the dog, and the address of and the business name, if any, of the premises the dog will guard. 2. The name and address of the trainer, and the name and address of the purveyor of the dog. 3. That the premises the dog will guard is adequately secured for safety of the public. 4. That signs are displayed on the premises at all entrances clearly warning that a guard or attack dog is on duty. 5. That the user of the guard or attack dog is aware of and understands the aggressive nature of the dog. SECTION VIII: OFFENSES RELATING TO LICENSING. It is unlawful for the owner of an animal to: (a) Fail to obtain the license required by the animal control fee ordinance; (b) Fail to display, conspicuously, a license identification tag on the licensed animal; (c) Fail to show the license upon request of any animal control officer or police officer; SECTION IX: OFFENSES RELATING TO SALE OF ANIMALS: For the purpose for consumer protection, it is unlawful to: (a) Sell any animal known to be sick or injured unless the buyer is given, at the time of sale, written notice of the condition of the animal; (b) Sell any animal known to be vicious; SECTION X: DETAINMENT AND DISPOSAL. (a) No detained animal shall be released to the owner until all applicable fees assessed by the Humane Society are paid; -4-

5 (b) The director shall ascertain whether any detained animal is currently licensed and if so shall notify the licensee by letter that such animal has been detained and may be redeemed upon payment of applicable fees; (c) Anyone claiming a detained animal must prove ownership to the satisfaction of the director before redeeming the animal; (d) Injured, diseased or wild animals need not be detained for the holding period but may be disposed of in a humane manner at any time at the discretion of the director; (e) Any animal which is detained by the director may be held at the Animal Shelter or other place appropriate for the animal. The director shall post a notice of detainment at the shelter and shall attempt to determine ownership of an animal. If at the end of the holding period, no owner has claimed the animal, the director shall dispose of the animal in a humane manner; (f) A boarding fee for every twenty-four (24) hour period or part thereof, for the care and feeding of the animal, shall be charged to the owner commencing at the close of business on the day that the animal is detained. (g) The director of public health may direct the detention of animals suspected of having rabies. These animals shall be held until their release is approved by the director of public health and all applicable fees are paid. (h) An administrative fee shall be paid by any person claiming an abstaining possession of an animal detained by the Humane Society. SECTION XI: ADOPTION. Strays and abandoned animals, following the holding period, and animals voluntarily surrendered to the director shall become the property of the Humane Society and Animal Shelter. (a) Any animal detained or surrendered to the department and not redeemed, shall be disposed of in a humane manner or at the discretion of the director may be held for a longer period to allow adoption; (b) No warranty, express or implied, shall be made with respect to any animal adopted; (c) All dogs adopted from the Wenatchee Valley Humane Society Animal Shelter regardless of age must be licensed; -5-

6 (d) Dog license fees may be refunded to any adopter providing the animal is returned to the Animal Shelter within eight (8) days of the day of adoption accompanied by a written request for the refund and documentation from a licensed veterinarian certifying that the animal was diseased or ill at the time of adoption. (e) The Humane Society and Animal Shelter or other agency with whom the city may contract to assume the responsibility for impounding of animals, shall assume all responsibility for and liability for animals held and/or adopted out as between the city and said contracting authority. SECTION XII: OFFENSES RELATING TO SAFETY AND SANITATION. It is unlawful for an owner to: (a) Allow the accumulation of cat or dog feces in any open area, run, cage, or yard, wherein dogs and/or cats are kept and fail to remove or dispose of feces at least once every twenty-four (24) hours; (b) Fail to remove from public property that fecal matter deposited by his or her animal on public property before the owner leaves the immediate area where the fecal matter was deposited; (c) Fail to have in his or her possession the equipment necessary to remove his or her animal fecal matter when accompanied by said animal on public property or on a public easement. (d) Have possession or control of any animal sick or afflicted with any infections or contagious diseases and fail to provide treatment for such infection or disease; or allow or permit such diseased or infected animal to run at large or come in contact with other animals or human beings or drink at any public or common watering trough or stream accessible to other animals. SECTION XIII: OFFENSES RELATING TO CRUELTY. It is unlawful for any person to: (a) Injure, kill, or physically mistreat any animal except as is specially permitted by law; (b) Layout to expose or leave exposed any kind of poison, poison food or drink where accessible to an animal, or place such poisonous materials in a stream or other body of water endangering fish or shellfish provided: that nothing shall prevent the reasonable use of rodent -6-

7 poison, insecticides, fungicides or slug bait for their intended purposes and, provided further: that nothing in this paragraph shall prohibit any government agency acting in the course of its governmental duties from performing any act allowed it by law. (c) Set or bait any trap without a valid permit issued by the director, provided however, no permit is required to trap rats or mice; (d) Confine without necessary ventilation any animal in any box, container, or vehicle; (e) Tease, tantalize or provoke any animal with the intent to cause fear, anger, or injury to said animal; (f) Tether or confine any animal in such a manner or in such a place as to cause injury or pain or to endanger an animal or to keep an animal in quarters that are injurious to the animal due to inadequate protection from heat or cold or that are of insufficient size to permit the animal to move about freely; (g) Keep an animal in unsanitary conditions or to provide insufficient food, water, shelter or ventilation necessary for the good health of that animal; (h) Fail to provide his or her animal with the medical care that is necessary for its health or to alleviate its pain; (i) Permit any animal to fight or injure another animal; or permit any animal to be fought with or injured by any other animal; or to train or keep for the purpose of training any animal for the exhibition of such animal in combat with any other animal whether for amusement or for financial gain; or permit such conduct on premises under his or her control or to be present as a spectator at such exhibitions. SECTION XIV: OFFENSES RELATING TO CONTROL. It is unlawful for any owner to: (a) Permit any domestic animal except cats or birds to be at large, provided that pets may be removed from the premises of the owner if restrained by a leash that is eight (8) feet or shorter and if in the physical control of a person; (b) Permit any dog to enter any public fountain or school ground; -7-

8 (c) Fail to confine any dog that is in heat in a secure enclosure so that the female dog cannot come in contact with a male dog unless the male dog is admitted by the owner of the female dog; (d) Permit any animal to (1) damage public property or the private property of another, or (2) habitually bark, whine, or howl, or (3) spread or spill garbage; (e) Permit any animal to trespass upon the property of another; (f) Have in his or her possession any animal not owned by him or her viithout the knoviledge of the rightful owner thereof unless he or she notifies the director of such possession within twenty-four (24) hours of acquiring possession of such animal or to fail to surrender such animal to the director upon demand; (g) Tether an animal in such manner as to permit the animal to enter any sidewalk, street, alley or a place open to the public or to enter any adj acent lot unless authorized by the occupant of the adjacent premises. SECTION XVI: DANGEROUS ANIMAL. It is unlawful for any person to procure or keep a dangerous animal without the prior approval of the director, granted following a hearing to determine that the animal will be adequately controlled to protect the health and safety of humans and of other animals, PROVIDED: this prohibition shall not apply to any facility processing or maintaining dangerous animals which is owned, operated or maintained by any city, county, state or federal agency, nor does it apply to a properly licensed veterinarian hospital where a dangerous animal may be confined temporarily for treatment. The director may authorize a special permit not to exceed thirty (30) days for the keeping of a dangerous animal for shows or special exhibits. SECTION XVII: NUISANCE. Any animal which, by its actions or condition, presents a clear and present threat to the public peace, health, or safety is a nuisance and may be summarily detained pending correction of the condition, or pending the owner's trial for violation of this ordinance. SECTION XVIII: RABIES CONTROL. (a) All dogs over the age of six (6) months or dogs with a full set of canine teeth shall have a current -8-

9 rabies vaccination administered by a licensed veterinarian. If obtained from the shelter, the dog shall be vaccinated within thirty (30) days of obtaining the dog. An owner or custodian acquiring a dog shall have such dog inoculated against rabies within thirty (30) days after the dog reaches six (6) months of age. Any person moving into the city from a location outside of the city shall comply with this section thirty (30) days after having moved into the city. (b) A current rabies vaccination means that a dog vaccinated between three (3) months and one year shall be re-vaccinated within one year of the vaccination and shall be re-vaccinated at least within every three (3) years thereafter. Any dog, cat or other animal that has bitten any person shall be immediately confined for a period of ten (10) days. No animal under confinement shall be released from confinement until such release has been approved by the animal control officer; (c) It shall be unlawful for the owner of any dog, cat or any other animal that has bitten any persons to destroy such animal before it can be properly confined by an animal control officer. The location of such confinement shall be determined by the animal control officer and shall be at the sole expense of the owner or custodian. The owner or custodian of any animal that has been reported as having inflicted a bite on any person shall on demand of the animal control officer produce such animal for examination and quarantine as prescribed in this section. If the owner or custodian of any such animal refuses to produce such animal, the owner or custodian shall be subject to immediate arrest by a city police officer if there exists probable cause to believe that the animal has inflicted a bite upon a person and the ovmer or custodian is keeping or harboring the animal and willfully refuses to produce the animal upon such demand. Such persons shall be taken before the judge of the Municipal Court, who may order immediate production of the animal. If the owner willful or knowingly secretes or refuses to produce the animal, each day of secretion or refusal to produce the animal shall constitute a separate and individual violation of this section; (d) When an animal under quarantine shall have been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately -9-

10 notify the County Public Health Officer officer of any reports of human contact animal. If any animal under quarantine observation, the animal control officer take action to obtain a pathological and advise such with such rabid dies while under shall immediately and inoculation examination of the animal. As soon as the diagnosis is made available, which shows the animal to be rabid, the animal control officer shall notify the 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; (e) Any veterinarian who diagnoses rabies in any animal shall report such fact to the animal control officer. The veterinarian shall determine, before any rabies inoculation is given, whether the subject animal is under quarantine or has inflicted a last ten (10) (f) days; bite on any person within the In case of an outbreak of rabies constituting an emergency situation, the mayor shall be authorized to impose city limits. strict regulations pertaining to animals within the SECTION XIX: LICENSE FEES. A. The fee for each new dog license and for each annual period of renewal shall be: 1. Dogs: Altered Seven Dollars ($7.00), unaltered Ten Dollars ($10.00). 2. Late fee for renewal of dog licenses more than three (3) days after its expiration will be Ten Dollars ($10.00) additional. 3. Dog owners with a senior citizens identification tag or card or handicapped persons identification card will pay fifty percent (50%) of the fee otherwise payable. affidavit 4. Lost dog tag, upon submission of attesting to the loss, shall be Three Dollars ($3.00). B. The fee for each pet kennel license shall be Twenty-Five Dollars ($25.00). C. The fee for each guard dog license shall be Fifty Dollars ($50.00). D. Other animal control fees shall be: 1. Administration fee: $ Board while at shelter: $3.00 per day. 3. Vaccination fee: $8.00 for distemper & parvo. -10-

11 Violations issuance, Infraction. SECTION XX: INITIATION OF VIOLATION. of this chapter shall service and filing of be initiated by the a notice of Humane SECTION XXI: AUTHORITY TO ISSUE HUMANE INFRACTION. Only those persons authorized by Section III may issue a notice of infraction. SECTION XXII: SERVICE OF NOTICE. Notice of a Humane Infraction may be served either by (1) servicing the notice of humane infraction on the person named on the notice of Humane Infraction at the time of issuance; (2 ) filing the notice of Humane Infraction with the court, in which case the court shall have a notice served either personally or by mail, postage prepaid, on the person named in the notice of Humane Infraction, at his last known address. If the notice of Humane Infraction served by mail is returned to the court as undeliverable, the court shall issue a warrant of arrest. SECTION XXIII: CONTENTS. The notice of Humane Infraction shall contain the following information on the copy given to the defendant. (1) Name, address and phone number of the court where the notice of infraction is to be filed; (2) The infraction which the defendant is alleged to have committed, the date, the time and place the infraction occurred, the date the notice of infraction was issued, and the name and number of the citing officer; (3) A statement that the defendant must respond to the notice of Humane Infraction within seven (7) days of issuance; (4) A space for defendant to sign a promise to respond to the notice of infraction in the time required; (5) A space for entry of the monetary penalty which defendant may forfeit in lieu of appearing in court; (6) A statement that a mailed response must be mailed no later than midnight on the date the response is due. SECTION XXV: RESPONSE TO NOTICE. A person may respond to a notice of humane infraction by (1) paying into the registry of the court the amount of the monetary penalty as indicated on the Humane Infraction; or (2) requesting a hearing in the East Wenatchee Municipal Court to admit the -11-

12 infraction and explain the circumstances or to contest the determination that the infraction occurred. SECTION XXVI: PENALTIES. Failure to comply with any provision of this chapter shall subject the violator to the following maximum penalties: (a) no dog license, first offense $30.00, subsequent offenses within twelve (12) months $50.00, (b) no kennel license $50.00, (c) failure to confine biting animal, first offense $50.00, each additional offense $200.00, (d) refusal or failure to produce rabid animal $500.00, (e) dogs running at large; first offense $30.00, second offense $50.00, each subsequent offense after the second $100.00, (f) keeping a vicious animal, first offense $50.00, second offense $100.00, (g) dog's prohibited acts, first offense $30.00; second offense $50.00, each subsequent offense $100.00, (h) failure to contain a female dog in heat, first offense $50.00, each offense thereafter $100.00, (i) interference with an animal control officer while performing his duties as specified in this ordinance $100.00, and (j) any violation not described in this section but which is made a violation by this ordinance shall be $ from the first violation and $ for each subsequent violation of the same provision. SECTION XXVII: SEVERABILITY: The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph or invalidity of the application thereof to any persons or circumstances shall not affect the validity of the remainder of this Ordinance or the validity of its application to other persons or circumstances. PASSED BY THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE this 20~ day of December, CITY OF EAST WENATCHEE, A Municipal Corporation ATTEST: -12-

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