6.04.050 Animal Control | Kettle Falls Municipal Code

6.04.050 Animal Control.

A. Generally. The keeper of any dog shall not cause, permit or allow such dog to be loose, roam, run at large or to be away from the premises of the keeper unless the animal is under control, or is on the premises of another with the express or implied consent of the owner or the person in possession thereof.

B. Dogs Not Permitted in City Parks or Cemeteries-Exception. The keeper of any dog shall not allow such animal to be in any city park or playground unless such dog is under control by use of a leash or is a trained seeing-eye dog while being used by a blind person; and, if so controlled, it may be walked in any area of a city park or playground unless prohibited by appropriate signage as ordered by resolution of the City Council; provided, however, that no dogs except a trained seeing-eye dog while being used by a blind person shall be allowed under any circumstances in the city cemeteries.

C. Leash Required-Exception. The keeper of any dog owned, harbored, controlled or kept by the keeper shall not cause, permit, or allow any such dog to be away from the premises where the same is owned, harbored, controlled, or kept and be loose, roam, or run at large in the City unless such dog shall at all times while away be controlled by the keeper or a responsible person by means of a leash as defined in Section 6.04.020. It shall be prima facie evidence of a violation of this subsection when a dog is found by a police officer or an animal control officer while it is away from its keeper’s premises and not under the control of the keeper or a responsible person.

A leash required pursuant to the provisions of 6.04.050(C) shall not be required:

1. for a dog which is securely confined while in or upon any motor vehicle;

2. for a dog while undergoing training at an organized dog obedience class where at least seventy-two (72) hours’ advance notice has been given to the City Police Department, and the Department of Public Services if the class is to be held on city-owned property, in which case permission from the Director of Public Services shall be required before holding such an obedience class;

3. for a dog while being exhibited during an organized animal show, an American Kennel Club or similar organization sanctioned exhibition when at least seventy-two (72) hours’ advance notice has been given to the City Police Department, and the Department of Public Services if the show or exhibition is to be held on city-owned property, in which case permission from the Director of Public Services shall be required before holding such a show or exhibition;

4. for a trained seeing-eye dog while being used by a blind person;

5. for a dog trained to aid law enforcement officers while being used for law enforcement purposes or during demonstrations of the dog’s capabilities to aid law enforcement officers. (Ord. 1554, §1, 1998; Ord. 1576, §1, 1998).

1. Biting Person. The keeper of a dog shall not allow a dog without provocation to bite any person lawfully upon any public sidewalk, street, alley, or other public place in the City. (Ord. 1696, 2010).

2. Biting Persons on Private Property. The keeper of a dog shall not allow a dog which is in the City on the property of a person other than the keeper without the express or implied permission of the owner or person in possession of such property, without provocation, to bite any person lawfully upon said property. A violation of this section shall be a misdemeanor. (Ord. 1696, 2010).

3. Attempting to Bite Person. The keeper of a dog shall not allow a dog without provocation on a public sidewalk, street, alley, or other public place in the City to charge, snap, growl or attempt to bite any person lawfully upon any public sidewalk, street, alley, or other public place in the City in such a manner and under such circumstances as to cause said person to reasonably believe that he or she is in real and immediate danger of being bitten. A violation of this section shall be a misdemeanor. (Ord. 1696, 2010).

E. Harboring Biting Dog Prohibited. It is unlawful for any person to keep or maintain within the City any dog of which he or she is the keeper which has been found, pursuant to the provisions of subsections F, G and H of this Section, to have twice bitten any person or persons. A violation of this section shall be a misdemeanor.

F. Harboring Biting Dog-Complaint Investigation. Upon receipt by an animal control officer or police officer of a signed complaint made by any person, or the parent or guardian of such person, bitten by a dog which complaint alleges that at some time during the 24-month period prior to the time the victim was bitten the same dog bit the same victim or any other person or persons; or, if an animal control officer or police officer has other evidence that the same dog has bitten another person at some time during the 24-month period prior to the time the victim was bitten, the animal control officer or the police shall investigate the complaint and report the results of the investigation to the Stevens County Prosecuting Attorney. Where the Stevens County Prosecuting Attorney finds probable cause exists to believe and prove by a preponderance of credible evidence that the dog in question has twice bitten one or more persons without provocation or justification during the applicable period, the Stevens County Prosecuting Attorney may commence a civil action in the Stevens County District Court, requesting the hearing provided for in subsection G of this Section. A violation of this section shall be a misdemeanor.

G. Harboring Biting Dog-Hearing. Upon the filing of an action by the Stevens County Prosecuting Attorney in the Stevens County District Court to determine if a dog has without provocation twice bitten a person within a consecutive 24-month period, the court shall conduct a hearing and hear from witnesses. Where it is proven by a preponderance of the evidence to the satisfaction of the court that the injured person provoked the dog into attacking, such fact shall be an absolute defense to the particular bite. The court may also consider whether or not the attack occurred on property under the control of the keeper of the dog as well as the legal status of the victim on that property in determining whether a biting incident shall be included within the 24-month period or may have been justified and not included.

H. Harboring Biting Dog-Disposition. Upon a finding by the court based upon a preponderance of the evidence that the dog in question has twice bitten a person or persons without provocation or justification within the consecutive 24-month period, the court may order such action which the court in its discretion believes is appropriate, up to and including euthanasia, in order to assure that the dog does not bite persons in the City again.

I. Dog Sanitation in Public Places. The keeper of dog shall:

1. Remove for disposal any fecal matter deposited by his or her dog in the City on any public sidewalk, street, alley, or in any city park, playground, or cemetery, any other public place, or on the premises of a person other than the keeper when such dog is on the premises without the express or implied permission of the owner or person in possession of such premises before the keeper leaves the immediate area where the fecal matter was deposited; and

2. Have in his or her possession the equipment necessary for the removal of the fecal matter when accompanied by Said dog on the public property described in subsection (1).

J. Stray Dogs-Nuisance-Impoundment. Any stray dogs which is not under control, or is running loose, roaming, or running at large in the City on any street, alley, sidewalk, or any city park, playground, cemetery, or in any other public place, or on the public or private premises of a person other than the keeper without the express or implied permission of the owner or person in possession of such public or private premises is declared to be a nuisance. Any such stray dog may be seized while on any such public or private property by the animal control officer or any city police officer and impounded. (See Attachment A, Ord. 1556, 1998)

1. No person shall willfully open any door or gate on any private premises or unleash or coax away any dog for the purpose of enticing or enabling any dog to leave such private premises and be at large as defined in this Title.

2. No person shall willfully provoke, mistreat, or abuse any dog while confined to its keeper’s premises.

3. No person shall set a “leg-hold type” or “noose-type” trapping device to catch a dog.

4. No person shall abandon any dog by dropping off or leaving such dog c any public street, alley, sidewalk, or in any city park or playground or other public place or building, or on the premises of another.