CITY OF OCEAN SHORES, WASHINGTON ORDINANCE NO. 536 AN ORDINANCE REPEALING CHAPTER 6.04 OF THE OCEAN SHORES MUNICIPAL CODE AND CREATING A NEW CHAPTER 6.04 CONTAINING PROVISIONS FOR THE CONTROL OF ANIMALS WITHIN THE CORPORATE LIMITS OF THE CITY OF OCEAN SHORES. WHEREAS, it is in the best interest of the City of Ocean Shores to secure and maintain such level of animal control laws as to protect the public health and safety and to the greatest degree practicable to prevent injury to persons and property; and WHEREAS, the existing code provisions applicable to animal control and enforcement require expansion and clarification; now, therefore, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES DO ORDAIN AS FOLLOWS; Section 1. Chapter 6.04 of the Ocean Shores Municipal Code is hereby repealed in its entirety. Section 2_._ There is hereby added to the municipal Code of the City of Ocean Shores a new Chapter 6.04, which reads as follows: OCEAN SHORES CITY CODE CHAPTER 6.04 ANIMALS SECTION: 010 020 Definitions. Licensing. 030 Running at large prohibited. 031 Nuisance animals. 040 Exotic animals. 050 Rabies. 055 Impoundment. 060 Impound procedures 070 Confining dogs and cats in season 080 Maximum number of dogs and/or cats permitted. 090 Dangerous and/or potentially dangerous dogs. 100 Wild animals and/or birds 105 Livestock and/or poultry prohibited.
6.-04.110 Animal care. 120 Kennel 130 Violation Penalty 6,04.140 Nonliability 150 Severability 010 DEFINITIONS, terms mean: As used in this chapter the following A. "ANIMAL CONTROL AUTHORITY" means any police officer and the person, association or corporation appointed or authorized by the city manager to enforce the provisions of this chapter. B. "AT LARGE" means off the premises of the owner and not under the immediate control of the owner, member of his immediate family or person authorized by him, by means of a leash, cord or chain no longer than eight feet. C. "EXOTIC ANIMALS" means which is not native to or usually found in the United States and/or any animal that is not usually tamed and bred for the uses of humans. D. "IMPOUNDMENT" means taking physical control of an animal by the animal control authority. The moment the animal control authority is in physical control of an animal, such animal is considered impounded and subject to the impoundment fee. For statutory provisions authorizing the regulation of animals running at large within the city limits, see RCW 35.24.290 (2) (6). E. "NUISANCE" means excessive or untimely barking, chasing vehicles, depositing excretory matter on property other than that of the owners, damaging property and running at large, any animal which has not been licensed and does not bare a license tag, and any potentially dangerous dog. F. "OWNER" means any person who keeps, has custody of, possesses, harbors, or exercises control over an animal, with the ex.ception of veterinary hospitals. G. "ANIMAL" means any live vertebrate creature, domestic or wild, whether spayed, neutered or whole. H. "ANIMAL SHELTER" means any facility operated by a humane society, or municipal agency, or its authorized contractors or agents for the purpose of impounding or caring for animals held under the authority of this ordinance or State law. "DANGEROUS DOG" means any dog that: 1. has inflicted severe injury on a human being without provocation on public or private property, or 2. has killed a domestic animal without provocation while off the owners property, or
3, has been previously found to be potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. J- "KENNEL" means an establishment wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for free, or selling dogs or cats; or premises where four or more dogs and cats over six months of age are harbored. K. "POTENTIALLY DANGEROUS DOG" means any dog that without provocation : 1. inflicts bites on a human or domestic animal, either on Public or private property, or 2. chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or 3. causes injury or otherwise threatens the safety of humans or domestic animals. L. "PROPER ENCLOSURE OF A DANGEROUS DOG" means a dangerous dog while on the owners property shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children or their being able to place any portion of their anatomy so as to expose it to risk of attack by the dog and designed to prevent the animal from escaping. Such pen or structure shall have secure sides, secure top, cement or brick floor, and shall also provide protection from the elements for the dog. M. "SEVERE INJURY" means any physical injury that results in broken bones or lacerations requiring sutures or cosmetic surgery. N. "STRAY ANIMAL" means any animal found at large without any apparent owner or home. 0. "VETERINARIAN" means one qualified and authorized to treat diseases and injuries of animals. P. "RABIES" means an acute virus disease of the nervous system of warm blooded animals usually transmitted by the bite of a rabid animal. Q, "LIVESTOCK" means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules, and other farm type animals R. "POULTRY" means domesticated birds kept and raised for eggs or meat. S- "WILD ANIMAL" means those species of the class mammalia whose members exist in Washington in a wild state, T. "WILD BIRD" means those species of the class Aves whose
members ekiet in Washington in a wild state, 6,04,020 LICENSING A. "LICENSE REQUIRED". It is unlawful for any person to own any dog or cat over the age of six months within the city unless the owner has first obtained a license therefor or unless no license is required by this chapter. B. "DOGS AND CATS EXCLUDED FROM LICENSE REQUIREMENTS". The license provisions of this chapter shall not apply to the following dogs and cats: 1. Dogs and cats whose owners are nonresidents temporarily within the city. 2. Dogs and cats brought into the city for the purpose of participating in any show. 3. Seeing-eye dogs properly trained to assist blind persons, when such dogs are actually being used by blind persons, for the purpose of aiding them in going from place to place; and 4. Licensed pet stores harboring dogs and cats for the purpose of sale. C, "LICENSE TAGS ISSUED FEES. The animal control authority shall issue an animal license and tag to the applicant. The applicant shall cause the same to be worn by the animal. Tags shall not be transferable from one animal to another. Licenses shall be valid for a period of up to two (2) years. At the time of application the owner must present a veterinarian certificate confirming the animal has been inoculated against rabies for the entire period for which the license is issued. The following fees shall be paid for licenses required by this chapter. 1. Neutered male and spayed female dogs: Five (5) dollars for one-year license and eight (8) dollars for a two-year license; 2. Unneutered male and unspayed female dogs: ten (10) dollars for a one-year license and fifteen (15) dollars for a two-year license; 3. Neutered male and spayed female cats: five (5) dollars for a one-year license and eight (8) dollars for a two-year license. 4. Unneutered male and unspayed female cat; ten (10) dollars for a one-year license and fifteen (15) dollars for a two-year license. D. BEFORE A LICENSE IS ISSUED FOR ANY DANGEROUS DOG THE OWNER SHALL PRESENT SUFFICIENT EVIDENCE OF: 1. A proper enclosure to confine a dangerous dog and the posting of premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;
6.04, 2. A surety bond issued by a surety insurer qualified under chapter 48.28.RCW, in a form acceptable to the animal control authority in the sum of at least fifty thousand (50,000.00) dollars, payable to any person injured by the dangerous dog: or 3. A policy of liability insurance, such as home-owner insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least fifty thousand (50,000.00) dollars, insuring the owner against any personal injuries inflicted upon another person by the dangerous dog. 030 RUNNING AT LARGE PROHIBITED. No animal of any kind shall be permitted to run at large during any hours of the day or night except in those areas designated by the animal control authority as dog training areas and so long as dogs in such training area are under the custody and control of their owner. Certified police department dogs (K-9) shall be exempted from this provision when under the control and supervision of the their handlers. 031 NUISANCE ANIMALS. No owner or person having the care, custody or control of an animal shall fail to exercise, proper care and control of his/her animal to prevent it from becoming a nuisance as defined in subsection E of section 010. 040 EXOTIC ANIMALS. The owner of any exotic animal must keep the animal, at all times, contained within a fence, cage or aquarium constructed in such a manner as to insure the animal will not escape and that area will be locked to prevent persons from entering such areas without the owners permission. All exotic animals will be registered with animal control and the owners will provide a current address and phone number. 050 RABIES. 1. In addition to and not withstanding any other provisions of this chapter, whenever any person has been bitten by any animal and there is no reason to suspect that the animal is rabid, at the discretion of the local health officer or an animal control officer, the animal involved may be restricted for ten days observation in such manner as to prevent contact with other animals or persons except for the caretaker. 2. The Department of Health or Police Department may, if there is reason to believe the animal may be rabid, order the animal surrendered to an animal shelter or veterinary hospital to be confined at the owners expense. The cost of confinement shall be paid by the owner or person having custody of that animal. 3. No person shall knowingly allow an animal confined under provisions of this chapter to escape; or sell.
f>. 6. give away, or otherwise dispose of such animal before the expiration of the quarantine period. 055 IMPOUNDMENT Animals running at large, animals not licensed and animals not exhibiting a license tag are declared to be a public nuisance, and the animal control authority shall be authorized to impound and restrain the animal until properly redeemed by the owner. If not redeemed within three (3) days (excluding Saturday, Sunday and holidays) the animal control authority may sell the animal or destroy it in a humane manner. 060 IMPOUND PROCEDURES. A. NOTICE OF IMPOUNDING. When any animal possessing a license tag or other identification giving name, address and phone number of its owner is impounded, the animal control authority shall attempt to give notice at the address contained in the license application or by telephone to the owner, informing him or her of the impounding of such animal and the reason therefor. It shall, however, be the entire responsibility of the owner to ascertain that the animal has been impounded and to take measures as he deems fit for redeeming such animal. Neither the city nor the officer or agent of the city shall be responsible for failing to notify an owner under this chapter. B. REDEMPTION OP ANIMALS. If any time before sale or disposal by the city, the owner of the animal so impounded shall claim the same, he shall be entitled to possession thereof upon compliance with the following conditions: 1. Payment of board and room at the rate of five (5) dollars per day; 2. Application for issuance of a valid license for the animal; 3. Acceptance of any citation issued for violation of the provisions of this chapter; provided, acceptance of the citation shall not be deemed admission of guilt by the party cited. 070 CONFINING DOGS AND CATS IN SEASON. The owner or person having charge of any unspayed female dog or cat shall confine such animal in a building or enclosed area during the period such dog or cat is in heat. 060 Maximum number of doge and/or oats permitted. No more than three cats or three dogs, or any combination of cats or dogs exceeding three in number that are over six months of age shall be kept on any premises in the city; provided, this provision shall not apply to licensed kennels or licensed pet stores possessing such animals for hte purpose of sale.
6.04,090 DANGEROUS AND/OR POTENTIALLY DANGEROUS DOGS. 1. It io unlawful for an owner of a dangerous dog to permit the dog to be outaide a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. 2. Any dangerous dog shall be immediately confiscated by an animal control officer if: A. the dog is not validly licensed under 6,04.020 (A) of this chapter; B. the owner fails to maintain the liability insurance coverage required under 6.06.020 (D) C. the dog is not maintained in the proper enclosure; D. the dog is outside of the proper enclosure and not under physical restraint as required by (1) above. 3. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime. 4. The owner of a dangerous dog shall be served with a dangerous dog declaration by the animal control authority. Any violations of this provision will result in the animal being immediately confiscated by the animal control officer and the dog's owner will be subject to prosecution. 5. Dogs shall be declared potentially dangerous if they: A. inflict bites on a human or a domestic animal, either on public or private property, or B. chases or approaches a person on the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude or attack, or C. causes injury or otherwise threatens the safety of humans or domestic animals. 6. The owner of any potentially dangerous dog shall be served with a potentially dangerous dog declaration by the animal control authority. Any further incidents involving that dog biting or attacking persons or animals will result in that dog being declared a DANGEROUS DOG requiring full compliance with the terms and conditions of the dangerous dog ordinance. 100 WILD ANIMALS AND/OR BIRDS. 1. No person shall keep or maintain or have in his or her possession or under his control, within any area
of the city, any wild animal and/or bird that exists in Washington in a wild state. 2. Subsection (1) of this section shall not apply to any person keeping or maintaining or having in his possession or under his control any wild animal and /or bird that is in connection with an educational program. Zoo, or Circus, provided such person has taken adequate measures to safe-guard persons and property. 105 LIVESTOCK AND/OR POULTRY PROHIBITED. No livestock or poultry of any kind shall be raised, bred or kept within the corporate limits of the city. 1. Livestock means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules, and other farm type animals. 2. Poultry means domesticated birds kept and raised for eggs and meat. 110 ANIMAL CARE. 1. Dogs or cats kept outdoors for more than six (6) hours at one time must be provided with a moisture-proof and wind-proof shelter of a size which allows the animal to turn around freely and to easily sit, stand and lie in a normal position and to keep the animal clean, dry and comfortable. 2. Every owner shall provide his or her animal with sufficient good and wholesome food and water, and veterinary care when needed to prevent suffering, and with humane care and treatment. 3. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner, animal control officer, or police department, 4. No person shall allow any animal to ride in the back of any moving (open-bed) vehicle unless that animal is properly secured in a crate or tied in a manner that it can not jump or fall out of that vehicle. 5. No person shall abandon any domestic animal by dropping off or leaving such animal in the street, road or highway, or in any other public place, or on the private property of another. 6. No person shall willfully provoke, tease, molest or mistreat any animal while confined on it owner's premises. 7. No owner of any animal shall keep the same on any undeveloped lot within the corporate limits of the city, even if that lot belongs to the owner of that animal. 8. Any unwanted dogs or cats may be taken to animal control by the owner. The owner will sign a release form giving animal control full custody of that animal. Animal control will then place the animal for 8
adoption or may transfer it to P.A.W.S. for adoption. If the animal can not be adopted, it will be humanely euthanized. The owner of the animal will pay a five (5) dollar fee to help with its feeding and care. 120 KENNEL. As stated in city ordinance 17.50.070. no animals, livestock or poultry of any kind shall be raised, bred, or kept within the corporate limits of the city, except dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purpose. 130 VIOLATION PENALTY. Any person violating any provisions of this chapter shall be guilty of a misdemeanor and fined as follows: 1. First offense, twenty-five (25) dollars; 2. Second offense, fifty (50) dollars; 3. Three and more offenses, one hundred (100) dollars. 140 NONLIABILTY. Nothing in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting form the failure of any person to comply with the terms of this chapter, or by reason or in consequence of any omission in connection with the implementation or enforcement of this chapter on the part of the city by its officers, employees or agents. The provisions of this chapter are intended for the benefit of the public in general and not for any particular individual or individuals. 150 9EVERABILITY. If any provisions of this chapter or it application to any person or legal entity or circumstances, is held invalid, the remainder of this chapter, or the application of the provisions to other persons or legal entities or circumstances shall not be affected. PASSED AND APPROVED This of July 1992 ATTEST: Gregory A Ron Thomasson, Mayor