Title 17
ANIMALS
Chapters:
17.01
General Provisions
17.02
Dogs and Cats
17.03
Potentially Dangerous and Dangerous Dogs
17.04
Livestock
17.05
Rabies and Quarantine
17.06
Impound Procedures
17.07
Enforcement and Penalties
17.08
Leash Control Area
17.09
Kennels and Catteries
17.10
Animal Cruelty
17.11
Inherently Dangerous Animals
17.12
Repealed
Chapter 17.01
GENERAL PROVISIONS
Sections:
17.01.010
Purpose.
17.01.015
Definitions.
17.01.020
Liability for damages.
17.01.030
Responsibility for payment of costs and fees.
17.01.040
Animal shelter.
17.01.045
Disposal of animal carcasses.
17.01.050
Agreements and authority.
17.01.060
Severability.
17.01.070
Effective date.
SOURCE:
ADOPTED:
Ord.
No. 635, 1998 05/05/98
AMENDED
SOURCE: ADOPTED:
Ord.
No. 679, 1999 11/23/99
Ord.
No. 753, 2004 07/13/04
Ord.
No. 775, 2005 06/21/05
17.01.010 Purpose.
It
is the public policy of Clallam County to secure and maintain
such levels of animal control within the unincorporated areas of
Clallam County as will protect human health and safety, and to
the greatest degree practicable to prevent injury to property.
To this end, it is the purpose of this title to provide a means
of controlling errant animal behavior so that it shall not
become a public nuisance.
It
is also the policy of Clallam County to prevent the inhumane
treatment of animals. Therefore, it is also the purpose of this
title to provide for the humane use, care, and treatment of
animals to the end that cruelty to such animals will be reduced
or eliminated.
17.01.015
Definitions.
In
construing the provisions of this title, except where otherwise
plainly declared or clearly apparent from the context, words
used herein shall be given their common and ordinary meaning; in
addition, the following definitions shall apply:
(1) “Abandon”
means to desert, leave behind, or quit providing for an animal.
(2) “Abatement”
means the termination of any violation by reasonable and lawful
means determined by the Animal Control Officer in order that a
person or persons presumed to be the owner shall comply with
this chapter.
(3) “Abuse”
means to mistreat or wrongfully use an animal.
(4) “Adult
dog or cat” means any dog or cat over the age of six (6)
months.
(5) “Agent
of the owner of livestock” means any person who rents pasture
to the owner of livestock, or any tenant of any person who rents
pasture to the owner of livestock, or any person who is the
caretaker of the pasture or livestock.
(6) “Ameliorate”
means to make or become better; improve.
(7) “Animal”
means any domestic animal as defined in subsection (19) of this
section, any inherently dangerous animal kept by any person as
defined in subsections (30) and (31) of this section, and all
livestock as defined in subsection (36) of this section.
(8) “Animal
Control Authority” means Clallam County, acting alone or in
concert with other local governmental units for enforcement of
the animal control laws of the County and State and the shelter
and welfare of animals.
(9) “Animal
Control Officer” means any individual employed, contracted or
appointed by the Animal Control Authority for the purpose of
aiding in the enforcement of this title or any other law or
ordinance relating to the licensing of animals, control of
animals or seizure and impoundment of animals. “Animal Control
Officer” includes any State or local law enforcement officer,
Deputy Sheriff, or other employee whose duties in whole or in
part include assignments which involve the enforcement of animal
control laws. “Animal Control Officer” also includes those
Humane Society employees authorized by the court, pursuant to
RCW 16.52.011,
to enforce animal control laws.
(10) “Animal
shelter” means a facility which is used to house or contain
stray, homeless, abandoned or unwanted animals and which is
owned, operated or maintained by a public body, an established
humane society, animal welfare society, society for the
prevention of cruelty to animals or other nonprofit organization
or person devoted to the welfare, protection and humane
treatment of animals.
(11) “Animal
welfare agency” means a public or private agency, including an
established humane society, organized primarily for the purpose
of promoting animal welfare; accepting and/or housing unwanted,
stray, or abandoned animals; promoting or conducting animal
adoption; promoting or conducting spay/neuter; and/or other
animal welfare activities. This definition does not include
veterinary services.
(12) “Bite”
means the act of the animal’s teeth seizing or penetrating
human or animal skin or clothing.
(13) “Canine”
means a Canis familiaris, bred in a great many varieties, and
includes both male and female, and hereafter referred to as dog.
(14) “Commercial
kennel or cattery” means:
(a) Any
establishment, person, or business that takes in, for resale or
boarding, another person’s dogs or cats.
(b) Any
establishment, person, or business that produces for sale more
than two (2) litters of cats or dogs per year.
(15) “Committed”
means a notice of civil infraction was issued, and the
infraction was not dismissed by the court, and the court entered
a default judgment for the infraction or determined that the
infraction was committed, regardless of the filing of any appeal
by the violator, or the violator fails to respond to a notice of
civil infraction.
(16) “Cruelty”
means every act or failure to act which results in unnecessary
physical pain or suffering to an animal.
(17) “Dangerous
dog” means any dog that inflicts severe injury or death on a
human being without provocation; or kills a domestic animal
without provocation while the dog is off the owner’s property;
or has been previously found to be potentially dangerous because
of injury inflicted on a human, the owner having received notice
of such and the dog again aggressively bites, attacks, or
endangers the safety of humans.
(18) “Director”
means the Sheriff of Clallam County or his/her designee.
(19) “Domestic
animal” means those domestic animals such as any dog, cat,
rabbit, bird, or other such animal normally kept as a pet.
(20) “Equestrian”
means a person who is riding or leading any horse.
(21) “Euthanasia”
means the humane destruction of an animal accomplished by a
method that involves loss of consciousness and which is
performed according to the current American Veterinary Medical
Association guidelines.
(22) “Feline”
means a Felis catus, bred in a great many varieties, and
includes both male and female, and hereafter referred to as cat.
(23) “Feral”
means any wild animal or any animal having escaped from
domestication and becoming wild.
(24) “Harboring”
means allowing any animal to remain, be lodged, fed, or
sheltered on the property one owns, occupies or controls, for
more than twenty-four (24) hours.
(25) “Harboring
of an inherently dangerous mammal and/or inherently dangerous
reptile” means to allow an inherently dangerous mammal or
inherently dangerous reptile to remain, lodge, be fed, or to be
given shelter or refuge within the person’s home, store, yard,
enclosure, outbuilding, abandoned vehicle or building, place of
business, or any other premises in which the person resides or
over which the person has control.
(26) “Horse”
means a domesticated equine, bred in a great many varieties, and
includes other animals such as mules and jackasses.
(27) “Hours
of darkness” means the hours from one-half hour after sunset
to one-half hour before sunrise, and any other time when persons
or objects may not be clearly discernible at a distance of 200
feet.
(28) “Humane
trapping” means capturing any animal without causing
intentional injury or death to the animal, and providing
reasonable protection and care for the animal until it is
delivered to a shelter or turned over to the Animal Control
Officer or owner.
(29) “Infraction”
means an offense that is not a crime and is subject to the
provisions of this chapter.
(30) “Inherently
dangerous mammal” means any live member of the Canidae,
Felidae, or Ursidae families, including hybrids thereof, which,
due to their inherent nature, may be considered dangerous to
humans, and which includes:
(a) Canidae,
including any member of the dog (Canid) family not customarily
domesticated by man, or any hybrids thereof, such as wolf
hybrids, but not including domestic dogs (Canis familiaris).
(b) Felidae,
including any member of the cat family 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.
(d) Bats,
raccoons, skunks, or foxes.
(31) “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 – Gila
monster, Mexican beaded lizard), Viperidae (vipers and adders),
Crotalidae (pit vipers), Altractaspididae (mole vipers),
Hydrophilidae (sea snakes), and Elapidae (cobras); or
(b) Is
a “rear-fanged” snake of the family Colobridae (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 (boomslang snake), Thebtornis
kirtlandii (twig snake), and Rhabdophis spp. (speckled belly
keelback and red necked keelback); or
(c) Is
a member of the order Crocodilia (crocodiles, alligators and
caimans).
(32) “Lawful
fence,” in addition to the description of lawful fence
described in the Revised Code of Washington, shall mean any
fence or physical barrier with the capability of safely
holding/restraining the animal(s) being secured within.
(33) “Leash”
means a chain, rope, leather strip, nylon strip, or other device
no longer than twenty (20) feet that is in good condition and
capable of holding/restraining the animal to which it is
attached.
(34) “Leash
control” means a dog is on a leash and under responsible human
control.
(35) “Leash
control area” means an area designated by the County
Commissioners in which all dogs off the owners’ property must
be leash controlled.
(36) “Livestock”
means horses, mules, jackasses, cattle, sheep, llamas, alpacas,
goats, swine, poultry and rabbits, or other domestic animals
kept or raised for use or pleasure.
(37) “Microchip”
means a commercially sold and nationally recognized and
registered with Clallam County, small, magnetic device commonly
inserted under the skin of an animal and which contains a
magnetic or electronic animal identification number.
(38) “Neglect”
means the act of leaving an animal without food, water, or care
in a situation where the conditions present an immediate,
direct, and serious threat to the life, safety, or health of the
animal.
(39) “Notice
of violation” means a verbal warning, or a written warning, or
a civil notice of infraction.
(40) “Notification”
means the service of a notice on the animal’s owner, any
resident of the owner’s residence, or the mailing of the
notice by certified and regular mail.
(41) “Owner”
means any person, firm, corporation, organization, or department
possessing, harboring, keeping, having an interest in, or having
control or custody of an animal. “Owner” also means any
person, firm, corporation, organization or department having
interest in or having control or custody of property.
(42) “Potentially
dangerous dog” means any dog, when unprovoked, inflicts a
bite(s) on a human or domestic animal, either on public or
private property; or chases or approaches a person upon the
street, sidewalk, or any public grounds in a menacing fashion or
apparent attitude of attack; or any dog with a known propensity,
tendency, or disposition to attack unprovoked, to cause injury,
or to otherwise threaten the safety of humans or domestic
animals.
(43) “Poultry”
means chickens, turkeys, ratites, and other domesticated fowl.
(44) “Premises”
means any house, dwelling unit, or building and the curtelage
surrounding it.
(45) “Private
kennel or cattery” means any establishment, person, or
business having more than ten (10) adult dogs, ten (10) adult
cats, or a combination thereof, and producing no more than one
litter of dogs or cats per year.
(46) “Proper
enclosure of a dangerous dog” means while on the owner’s
property a dangerous dog shall be securely confined indoors or
in a securely enclosed and locked pen or structure, suitable to
prevent the entry of young children and designed to prevent the
animal from escaping. Such pen or structure shall have secure
sides, a secure top, and an escape-proof floor and shall provide
protection from the elements for the dog.
(47) “Public
roadway” means that portion of a highway improved, designed,
or ordinarily used for vehicular traffic.
(48) “Quarantine”
means the placing and restraining of any animal by agents in
charge thereof, within a certain described and designated
enclosure or area within the County, as may be directed by the
Animal Control Officer.
(49) “Rabies
titer” means an antibody titer test substituted for rabies
vaccination when a veterinarian has determined the animal
experienced an allergic reaction to previous rabies vaccination,
or that the vaccination would be inappropriate because of
existing disease or potential for disease. The blood for this
test shall be collected by a licensed veterinarian and processed
by an accredited veterinary laboratory. The antibody titer level
shall be adequate to indicate protection of the animal against
rabies infection. This rabies titer test shall be valid for
three (3) years from the day the blood was drawn.
(50) “Rabies
vaccination certificate” means a rabies vaccination
certificate issued by a licensed veterinarian. The certificate
shall be signed by the veterinarian and shall indicate the
expiration date of the vaccination, the type of vaccine used and
an identifying description of the animal vaccinated.
(51) “Ratite”
means ostrich, emu, rhea, or other flightless bird.
(52) “RCW”
means Revised Code of Washington.
(53) “Responsive
to voice control” means immediately responsive to the owner by
voice or other signal.
(54) “Right-of-way”
means the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of
the public for purposes of vehicular travel.
(55) “Running
at large” means to be off the premises of the owner and not
under the control of the owner or competent person authorized by
the owner.
(56) “Running
in packs” means a group of two (2) or more dogs running upon
either public or private property not that of its owner in a
state in which either its control or ownership is in doubt or
cannot readily be ascertained, and when such dogs are not
restrained or controlled.
(57) “Severe
injury” means any physical injury that results in broken bones
or disfiguring lacerations requiring multiple sutures or
cosmetic surgery; or multiple bites to a human.
(58) “Shelter
officer” means any individual employed by a shelter for the
purpose of controlling and providing care for impounded and
surrendered animals or destroying animals by euthanasia.
(59) “Under
control” means the animal is under and immediately responsive
to competent voice and/or signal control and/or leash control so
as to be thereby restrained from approaching any other person,
other animal, or entering upon the property of another and from
causing or being the cause of physical injury or property
damage; provided, that dogs under proper supervision used to
lawfully hunt predatory animals or game birds; or dogs under
proper supervision engaged in agricultural activities, or dogs
used by law enforcement agencies; or any animal when otherwise
safely and securely confined or completely controlled within or
upon any vehicle are considered under control.
(60) “Vehicle”
means every device, including bicycles, capable of being moved
upon a public or private roadway and in, upon, or by which any
person may be transported.
(61) “Working
dog” means any dog which is trained to be used for the
control, protection or herding of livestock for farming purposes
and which is so engaged and behaving according to its training.
(62) “Zoonotic”
means a disease communicable under natural conditions from
animals to humans.
17.01.020
Liability for damages.
The
owner of any animal in violation of this title shall be liable
to the owner of any animal killed or injured, any property
damaged, or to any person or that person’s estate, injured by
such animal for the amount of damages sustained and costs of
collection, or any other recovery provided by State law; except
that this section is not intended to place liability on the
owner of any animal if the injury or damages were sustained by a
person who, at the time, was committing a willful trespass or
other tort upon the premises occupied by the owner of the
animal, or was tormenting, abusing, or assaulting the animal, or
was committing or attempting to commit a crime.
17.01.030
Responsibility for payment of costs and fees.
It
is the responsibility of the owner of every animal treated,
impounded, and/or destroyed under this title to pay the costs of
treatment, transportation, housing, impoundment, euthanasia and
fees for such animal. Abandonment of the animal does not relieve
the owner of such responsibility.
It
is unlawful for the owner of animals treated, impounded, and/or
adopted pursuant to the provisions of this title to fail to or
refuse to pay the impound fees, transportation, boarding,
veterinary care, licensing, adoption, euthanasia costs, fines,
restitution or other required fees or costs as set forth in this
title. A violation shall be a misdemeanor.
Any
provider, other than Clallam County, of services under this
title, including but not limited to transportation, medical
veterinary services, boarding, or euthanasia, shall seek payment
directly from the owner of the animal and shall not seek or be
entitled to payment from Clallam County; except that the
provider may seek payment from Clallam County when the animal is
referred to the provider by the County and the owner is unknown.
In cases where the animal is referred to the provider by the
County and the animal is not wearing a license tag, scanning for
microchip is unsuccessful, and no owner is known, medical care
may be limited by the County to providing humane euthanasia of
the animal.
17.01.040 Animal
shelter.
(1) There
may be at least one animal shelter within the County for
detaining animals surrendered to or apprehended by the Animal
Control Officer.
(2) If
so designated, the animal shelter shall have facilities for
housing animals that are injured or ill, or possibly contagious
with infectious disease; facilities for housing dogs and cats
under quarantine; and facilities for the humane destruction of
animals by euthanasia.
(3) If
so designated, the Animal Control Authority may operate said
County shelter(s), or contract with a public, private, or
nonprofit organization for shelter services.
(4) Shelter
officers employed by the animal shelter shall have the authority
to collect license fees and impound fees and costs as set forth
in Chapter 5.100
CCC.
(5) No
animal at any shelter shall be used, sold, loaned or given away
for medical or research purposes whether the animal is dead or
alive.
17.01.045 Disposal
of animal carcasses.
It
shall be unlawful to dispose of or dump dead animals, animal
carcasses, or animal parts on public property or private
property, other than one’s own, without the permission of the
owner. It shall be unlawful for a commercial establishment
charging for the disposal of animals to dispose of animals by
dumping or burying without proper permits. Violation of this
section shall be a misdemeanor.
17.01.050
Agreements and authority.
The
Board of Clallam County Commissioners may enter into agreements
with any veterinarian, governmental agency, city, corporation,
animal care and control agency (as defined in RCW 16.41.011),
or individual it deems necessary to carry out the provisions of
this title.
Animal
Control Officers enforcing this title shall comply with the same
constitutional and statutory restrictions concerning the
execution of police powers imposed on law enforcement officers
who enforce other criminal laws of the State of Washington.
Animal
Control Officers carrying out the provisions of this title have
the enforcement powers listed in RCW 16.52.015(3)
now or as hereinafter amended. If the County seeks to enter into
an agreement with any animal care and control agency, such
agreement shall be subject to the provisions and limitations
contained in RCW 16.52.025
now or as hereinafter amended.
17.01.060
Severability.
If
any portion of this title is held invalid, it is the intent of
the Board of County Commissioners that such part shall be deemed
severable and the invalidity thereof shall not affect the
remaining parts of this title.
17.01.070
Effective date.
This
title shall take effect ten (10) days after adoption.
Chapter 17.02
DOGS AND CATS
Sections:
17.02.010
Dog control zone.
17.02.015
Dog licensing – Regulations.
17.02.020
Dog licensing – Civil violations.
17.02.025
Dog(s) kept outside.
17.02.030
Control of dogs – Civil violations.
17.02.035
Unlawful release.
17.02.040
Animal waste – Owner responsibility.
17.02.045
Cat licensing – Regulations.
17.02.050
Cat licensing – Civil violations.
17.02.060
Control of cats – Civil violations.
17.02.070
Adopted dogs and cats.
17.02.075
Humane trapping or catching of dogs and cats – Procedure.
SOURCE:
ADOPTED:
Ord.
No. 635, 1998 05/05/98
AMENDED
SOURCE: ADOPTED:
Ord.
No. 679, 1999 11/23/99
Ord.
No. 753, 2004 07/13/04
Ord.
No. 775, 2005 06/21/05
17.02.010 Dog
control zone.
All
of unincorporated Clallam County, except national parks and
tribal lands, shall be designated a dog control zone in
accordance with Chapter 16.10
RCW.
17.02.015 Dog
licensing – Regulations.
(1) All
dogs over the age of six (6) months shall be licensed. A rabies
vaccination certificate or certification by a veterinarian of
rabies immunity determined by rabies antibody titer must be
presented when purchasing a dog license. A license is valid for
one year from the date of purchase, except that the County may
establish a license for microchipped and spayed or neutered dogs
that is valid for the life of the dog. A late penalty may be
added if the owner fails to renew an expired license within
thirty (30) days of license expiration. There shall be a fee for
replacement of any lost license tag. License fees may be paid to
the Humane Society, a contractor, a “private” licensing
outlet, or other outlet as designated by the Director. A service
charge in addition to the regularly set fees may be collected
and retained by all “private” licensing outlets designated
by the Director for each dog license issued. Upon payment of the
license fee, the licensing outlet shall give to the owner of
such dog a license and metallic tag for each dog licensed and
shall transmit the license form to the Animal Control Authority
who shall maintain records of all licenses.
(2) All
licenses issued pursuant to this chapter shall be dated and
numbered, and shall bear the name of Clallam County, the name
and address of the owner of the dog, and a description of the
dog. A metallic tag bearing a serial number corresponding to the
number of the license and the County or part thereof will be
issued to the owner. If the owner presents proof that the dog is
microchipped, the microchip number will be recorded on the
license.
(3) It
shall be the duty of every owner to attach the valid metallic
license tag to the collar worn by his/her dog when the dog is
off the owner’s property. A dog with permanent, readily
scannable microchip identification shall not be required to wear
a collar with the metallic license tag attached. Except that
neither the County nor the animal shelter shall be liable for
the failure of a scanner to detect the presence of a microchip.
(4) Upon
the sale or other transfer of ownership of any dog, the dog
shall be relicensed by the new owner.
(5) All
license fees, late penalties, and service charges collected
under the provisions of this section, other than civil penalties
and criminal fines, are set forth in Chapter 5.100
CCC. The Animal Control Authority may, at its discretion,
temporarily reduce license or other fees at special events or
clinics held to encourage compliance with this chapter.
(6) Exceptions.
Licenses are not required in the following circumstances:
(a) Nonresidents
temporarily residing in Clallam County for a period less than
sixty (60) days.
(b) Dogs
held for rehabilitation by a recognized rescue organization
except that such dogs cannot be bred or held for longer than
ninety (90) days without licensing.
17.02.020 Dog
licensing – Civil violations.
The
following dog licensing regulations are designed to protect
public health and safety and welfare of dogs. The owner of a dog
shall license his/her dog as required in CCC 17.02.015.
The violation of this section is a Class 1 civil infraction. It
is unlawful for any person to violate any of the following
regulations:
(1) Owning
an unlicensed dog over the age of six (6) months;
(2) Owning
a dog over the age of six (6) months that is off its owner’s
property while not wearing a collar with a current valid
metallic license tag attached, or is not otherwise permanently
identified with a microchip that can be correlated with a
license number, as provided for in CCC 17.02.015(3);
(3) Owning
a dog wearing a license tag registered to another dog;
(4) Removing
a license tag from any dog without the authorization of the
owner of the dog;
(5) Falsely
representing whether any dog is neutered, nonneutered, spayed,
nonspayed, or microchipped for the purpose of securing a dog
license.
17.02.025 Dog(s)
kept outside.
Every
dog kept or left outdoors shall have fresh, clean food; fresh,
clean water; and shelter available.
(1) Fresh,
clean food and fresh, clean water shall be available at all
times.
(2) Adequate
food shall be available daily.
(3) Shelter
shall be available at all times and shall consist of a structure
which has a watertight roof and is capable of protecting the dog
from the elements. The structure must be large enough for the
dog to enter, be able to stand up, turn around, and lay inside.
17.02.030 Control
of dogs – Civil violations.
The
following dog control regulations are designed to protect public
health and safety and welfare of dogs. The owner of a dog is
strictly liable to control his/her dog as required herein. This
means that the penalty for violation of these regulations is
imposed without regard to any wrongful intention of the
violator. The violation of subsection (1) of this section is a
Class 1 civil infraction. It is unlawful for the owner of a dog
to fail to prevent said dog from:
(1) Inflicting
a bite on a human or animal (except poultry, rabbits, and cats
that are allowed to roam off their owner’s property). Any such
bite may result in a declaration of the dog being potentially
dangerous pursuant to Chapter 17.03 CCC;
(2) Running
at large;
(3) Not
being under control while off the owner’s property;
(4) Entering
any place where food is stored, prepared, served or sold to the
public, or any public building or hall. This section shall not
apply to any dog serving the blind or deaf; or to dogs used by
armored car services, private security companies, or law
enforcement agencies;
(5) Being
accessible to other dogs, while in heat, for purposes other than
controlled or planned breeding;
(6) Chasing,
running after or jumping at vehicles using public roadways;
(7) Snapping,
growling, snarling, barking in a threatening manner, or jumping
upon, chasing or otherwise threatening persons while the dog is
not restrained and is off the property of the owner;
(8) Howling,
yelping, whining, barking, or making other noises in such a
manner as to disturb any person or groups of persons to an
unreasonable degree except that working dogs as defined in CCC 17.01.015
are exempted. The following examples constitute prima facia
evidence of disturbing a person or group to an unreasonable
degree; provided, however, these examples are not exclusive:
(a) Two
(2) or more complaints from different complainants within a
twenty-four (24) hour period;
(b) Barking,
howling, yelping, or whining for more than one hour;
(c) Prolonged
barking between the hours of 10:00 p.m. and 7:00 a.m.;
(9) Entering
upon another person’s property without the authorization of
that person;
(10) Being
kept, harbored or maintained and known to have a contagious
disease unless under the treatment of a licensed veterinarian;
(11) Running
in packs while off the owner’s property;
(12) Damaging
or destroying the property of another person, including
destroying wildlife that has purposefully been attracted to the
person’s property;
(13) Being
staked, tethered or kept on public property;
(14) Entering
another’s property and injuring or killing any poultry or
rabbits that are housed in an adequate enclosure, or cats that
are on their owner’s property.
17.02.035 Unlawful
release.
It
is unlawful for a person to release any animal not belonging to
them from a tether line, run, chain, fenced area, or any other
means used to restrain/secure the animal. The only exception
would be if failure to release the animal would result in injury
or death to the animal.
17.02.040 Animal
waste – Owner responsibility.
The
owner of any dog which defecates while off its owner’s
property shall pick up, bag, and properly dispose of the waste.
17.02.045 Cat
licensing – Regulations.
(1) All
cats over six (6) months of age are required to be licensed by
their owner. A rabies vaccination certificate or certification
by a veterinarian of rabies immunity determined by rabies
antibody titer shall be presented when purchasing a cat license.
A license is valid for one year from the date of purchase,
except that the County may establish a license for microchipped
and spayed or neutered cats that is valid for the life of the
cat. A late penalty may be added if the owner fails to renew an
expired license within thirty (30) days of license expiration.
There shall be a fee for replacement of any lost license tag.
License fees may be paid to the Humane Society, a contractor, a
“private” licensing outlet, or other outlet as designated by
the Director. A service charge in addition to the regularly set
fees may be collected and retained by all “private”
licensing outlets designated by the Director for each cat
license issued. Upon payment of the license fee, the licensing
outlet shall give the owner of such cat a license and metallic
tag for each cat licensed.
(2) All
license fees and service charges collected under the provisions
of this section are set forth in Chapter 5.100
CCC.
(3) It
shall be the duty of every owner to attach the valid metallic
license tag to the collar worn by his/her cat when the cat is
off the owner’s property. A cat with permanent, readily
scannable microchip identification shall not be required to wear
a collar with the metallic license tag attached. Except that
neither the County nor the animal shelter shall be liable for
the failure of a scanner to detect the presence of a microchip.
(4) Upon
the sale or other transfer of ownership of any cat, the cat
shall be relicensed by the new owner.
(5) All
license fees, late penalties, and service charges collected
under the provisions of this section, other than civil penalties
and criminal fines, are set forth in Chapter 5.100
CCC. The Animal Control Authority may, at its discretion,
temporarily reduce license or other fees at special events or
clinics held to encourage compliance with this chapter.
(6) Exceptions.
Licenses are not required in the following circumstances:
(a) Nonresidents
temporarily residing in Clallam County for a period less than
sixty (60) days.
(b) Cats
held for rehabilitation by a recognized rescue organization,
except that such cats cannot be bred or held for longer than
ninety (90) days without licensing.
17.02.050 Cat
licensing – Civil violations.
The
following cat licensing regulations are designed to protect
public health and safety, and the welfare of cats. The owner of
a cat shall license his/her cat as required in CCC 17.02.045.
The violation of this section is a Class 1 civil infraction. It
is unlawful for any person to violate any of the following
regulations:
(1) Owning
an unlicensed cat over the age of six (6) months;
(2) Owning
a cat over the age of six (6) months that is off its owner’s
property while not wearing a collar with a current valid
metallic license tag attached, or is not otherwise permanently
identified with a microchip that can be correlated with a
license number as provided for in CCC 17.02.015(3);
(3) Owning
a cat wearing a license tag registered to another cat;
(4) Removing
a license tag from any cat without the authorization of the
owner of the cat;
(5) Falsely
representing whether any cat is neutered, nonneutered, spayed,
nonspayed, or microchipped for the purpose of securing a cat
license.
17.02.060 Control
of cats – Civil violations.
The
following cat control regulations are designed to protect public
health and safety and welfare of cats. The owner of a cat is
strictly liable to control his/her cat as required herein. This
means that the penalty for violation of these regulations is
imposed without regard to any wrongful intention of the
violator. It is unlawful for the owner of a cat to fail to
prevent said cat from:
(1) Being
accessible to other cats, while in heat, for purposes other than
controlled or planned breeding;
(2) Being
kept, harbored or maintained and known to have a contagious
disease unless under the treatment of a licensed veterinarian;
(3) Being
a threat to the safety of humans and/or other domestic animals;
(4) Inflicting
a bite on a human;
(5) Damaging
or destroying the property of another person, including
destroying wildlife that has purposefully been attracted to the
person’s property.
17.02.070 Adopted
dogs and cats.
All
animal shelters and/or animal welfare agencies operating in
Clallam County shall develop and maintain procedures to ensure
that all dogs and cats adopted from their shelter or agency are
spayed or neutered, vaccinated for rabies, and licensed. It
shall be the responsibility of each adopter to spay or neuter,
vaccinate, and license each adopted dog and/or cat. Failure of
the adopter to comply within fifteen (15) days of adoption or
when the adopted animal reaches the age of six (6) months shall
be a civil violation and may result in the impound of the
adopted animal and loss of adoption, spay or neuter fees,
vaccination fees, and/or license fees.
17.02.075 Humane
trapping or catching of dogs and cats – Procedure.
Any
person eighteen (18) years of age or older may humanely trap or
catch any dog or cat that has entered the premises of that
person’s property without the authorization of that person.
After trapping or catching any dog or cat, the person shall
deliver it to the County shelter or turn it over to the
animal’s owner or the Animal Control Officer within
twenty-four (24) hours. In the event a trapped animal is
intentionally injured or harmed by the trapper or the trapper
fails to turn the animal over to the animal shelter, animal’s
owner, or an Animal Control Officer within twenty-four (24)
hours, it shall be a misdemeanor crime.
Chapter 17.03
POTENTIALLY DANGEROUS AND DANGEROUS DOGS
Sections:
17.03.010
Potentially dangerous dog – Reasons to declare.
17.03.020
Dangerous dog – Reasons to declare.
17.03.030
Declaration of dangerous or potentially dangerous dog –
Notice, hearing and appeal.
17.03.040
Potentially dangerous dog – Registration, requirements, annual
fee.
17.03.050
Dangerous dog – Certificate of registration, requirements.
17.03.060
Potentially dangerous dog – Proper restraint and enclosure.
17.03.070
Dangerous dogs – Requirements for restraint and enclosure.
17.03.080
Potentially dangerous or dangerous dog – Ownership.
17.03.090
Potentially dangerous or dangerous dog – Violations and
penalties.
17.03.100
Provocation as a defense.
17.03.110
List of potentially dangerous and dangerous dogs.
SOURCE:
ADOPTED:
Ord.
No. 635, 1998 05/05/98
AMENDED
SOURCE: ADOPTED:
Ord.
No. 679, 1999 11/23/99
Ord.
No. 753, 2004 07/13/04
Ord.
No. 775, 2005 06/21/05
17.03.010
Potentially dangerous dog – Reasons to declare.
An
Animal Control Officer may declare as potentially dangerous any
dog that:
(1) When
unprovoked inflicts a bite on a human or domestic animal or
livestock (except poultry, rabbits and cats that are allowed to
roam off the owner’s property); or
(2) When
unprovoked chases or threatens a person upon the streets,
sidewalks, any public grounds or upon private property other
than the dog owner’s in a menacing fashion or apparent
attitude of attack; or
(3) Has
been declared potentially dangerous by any other governmental
jurisdiction for similar violations of State statutes or local
ordinances;
(4) Chases,
harries or harasses livestock or game animals while off the
owner’s property.
Except
that dogs shall not be declared potentially dangerous if the
threat, injury, or damage was sustained by a person who, at the
time, was committing a willful 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.
17.03.020
Dangerous dog – Reasons to declare.
An
Animal Control Officer may declare as dangerous any dog that:
(1) Has
inflicted severe injury on a human being without provocation; or
(2) Has
killed a domestic animal or livestock (except poultry, rabbits
or cats that are allowed to roam off the owner’s property); or
(3) Has
been previously found to be potentially dangerous, the owner
having received notice of such and the dog again bites, attacks,
or endangers the safety of humans or domestic animals; or
(4) Has
been declared dangerous by any other governmental jurisdiction
for similar violations of State statutes or local ordinances.
17.03.030
Declaration of dangerous or potentially dangerous dog –
Notice, hearing and appeal.
(1) Whenever
an Animal Control Officer finds any dog in violation and
determines that said dog should be declared dangerous or
potentially dangerous, the Officer shall prepare a notice
declaring said dog to be a dangerous or potentially dangerous
dog, and serve the notice as required for a summons on the owner
of the dog; except that if the summons cannot be served it may
be posted on the residence. The notice shall contain the
following:
(a) The
name and address of the owner of the dog being declared
potentially dangerous;
(b) The
breed, color, sex, and license number (if known) of said dog;
(c) The
facts upon which the determination of potentially dangerous dog
is based;
(d) That
the dog shall immediately be restrained as required in CCC 17.03.060
or 17.03.070;
(e) That
the dog shall be registered within ten (10) days of receiving
the notice unless a hearing is reques
