Title 6
ANIMALS

Chapters:

6.04 Animal Control

6.08 Horses

6.12 Animals Running at Large

6.16 Fowl Running at Large

6.16 Fowl Running at Large

Chapter 6.04
ANIMAL CONTROL*

Sections:

6.04.010 Definitions.

6.04.020 Code enforcement officer – Powers and duties.

6.04.030 Prohibited activities.

6.04.032 Community event restrictions.

6.04.040 Right of entry and inspection.

6.04.050 Biting dogs.

6.04.060 Potentially dangerous dogs.

6.04.070 Dog license – Required.

6.04.080 Dogs – Rabies inoculations.

6.04.090 Issuance – Contents – Tags – Duplicates.

6.04.100 Fees.

6.04.110 Impounding dogs – When authorized.

6.04.120 Redemption, destruction or adoption of unlicensed dogs.

6.04.130 Impounded dogs – Adoption conditions.

6.04.140 Impounded dogs – Adoption – Return to owner.

6.04.150 Charges for impound.

6.04.160 Violation – Penalties generally.

*Prior legislation: Ords. 168, 249, 294, 334, 389, 471 and 507.

6.04.010 Definitions.

As used in this chapter, unless the context requires otherwise.

A. “Abandon” means leaving an animal for 24 hours or more without care, or dropping an animal on private property without the owner’s permission or in a public place.

B. “Animal” means any mammal, bird, reptile or amphibian.

C. “Bail” means money or its equivalent deposited by the defendant to secure his appearance for an animal control ordinance offense.

D. “Dog” means any mammal of the canine family.

E. “Dog license” means a required license issued annually to each individual dog pursuant to the provisions of this chapter.

F. “Kennel” means the operation of any business in which four or more dogs of more than four months of age are kept on the premises, or the structure operated by the city in which impounded dogs are kept.

G. “Potentially dangerous dog” means any dog involved in an incident under investigation for:

1. An unprovoked bite of a person or other animal on either public or private property;

2. Chasing or approaching a person on public grounds in a menacing fashion or apparent attitude of attack;

3. An unprovoked attack on a domesticated animal.

H. “Dangerous dog” means any dog that has demonstrated a disposition or propensity to do an unfavored act harmful in its character to human beings or animals done in a hostile manner. This shall be construed, but not limited to any dog who:

1. Has inflicted severe injury on a human being without provocation; or

2. Has killed a domesticated animal without provocation; or

3. Has been previously found to be potentially dangerous, the owner having received written notice of such and the dog again aggressively bites, attacks, or endangers the safety of human beings or domestic animals.

I. “Guard dog” means any dog which has been trained and is used for the purpose of protecting persons or property by exhibiting hostile and aggressive propensities or which attack on signal or command.

J. “Not a dangerous dog” means any dog under investigation as potentially dangerous may be determined to be not dangerous if the threat, injury, or damage was sustained by a person:

1. Committing a willful trespass on the owner’s property;

2. Tormenting, abusing, or assaulting the dog, or has done so in the past;

3. Committing or attempting to commit a crime.

K. “Dog running at large” means any dog off or outside the premises of the owner not restrained by a rope, line, leash, chain, or other similar means. If a dog is not restrained by a tether of some kind, not engaged in supervised training, or not a working dog in the field, that dog shall be deemed at large.

L. “Owner” means any person who keeps, has custody of, possesses, harbors or exercises control over a dog or other animal, with the exception of veterinary hospitals and pet shops as defined in this section. In a family situation, such person is presumed to be the head of the household.

M. “Person” means an individual, partnership, company, association, or any other legal entity.

N. “Pet shop” means any person regularly engaged in the business of breeding or selling animals of any species.

O. “Public nuisance” means any dog which molests any passerby, bites a person or animal, habitually chases vehicles or persons, habitually attacks other animals traveling upon public grounds, damages or destroys property of persons other than the owner of the dog, scatters garbage and tips over garbage cans, habitually runs at large, disturbs the peace, comfort, health, or repose of any person of reasonable sensitivity by making loud, long, unnecessary or continuous noises.

P. “Veterinarian” means a practicing veterinarian licensed pursuant to the laws of the state to perform any of the acts set forth in RCW 18.92.105.

Q. “Veterinary hospital” means any business established, maintained and operated by a veterinarian which is operated for the diagnosis and treatment of diseases or injuries of animals.

R. “Severe injury” means any physical injury that results in broken bones or disfiguring marks.

S. “Confined” means being 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, or in a securely fenced yard with a locked gate.

T. “Quarantine” means securing a dog on the owner’s premises with the approval of and under the supervision of a code enforcement officer or police officer and not allowing said dog to run at large or to come in contact with any person or other animal or being placed in a veterinary hospital, or in the city impound kennel. (Ord. 590, 1993)

6.04.020 Code enforcement officer – Powers and duties.

The code enforcement officer shall:

A. Have police power in the enforcement of all provisions of this chapter relating to the licensing and impounding of dogs and the citation of persons for violation of this chapter.

B. Establish a place where all dogs subject to impoundment may be kept and held safely and provided with proper and sufficient food, water and shelter.

C. Impound and keep safely any dog which is found doing any of the acts set forth in SMC 6.04.010, or any dog which is apparently abandoned.

D. Issue uniform animal control ordinance citations pursuant to this chapter and citations in complaints within the city, to appear as witnesses, and to perform all other acts necessary for enforcement of this chapter.

E. Receive and collect any costs and charges hereinafter provided by this chapter.

F. Investigate reports of biting dogs, animal neglect or abuse as set forth by this chapter. (Ord. 590, 1993)

6.04.030 Prohibited activities.

It is unlawful for any person to:

A. Interfere with or hinder a code enforcement and/or police officer while in the exercise of his duties.

B. Remove any detained animal from the city kennel or a department vehicle without the consent of the police department or code enforcement officer.

C. Refuse to allow a code enforcement or police officer to properly impound an animal.

D. Fail to prevent any dog from running at large.

E. Own a dangerous dog.

F. Own a dog that is deemed a public nuisance by being involved in three incidents within one year’s time.

G. Own any dog affected with a contagious disease who runs at large or is exposed in any public place whereby the health of man or beast may be affected, except that such dog may be removed from the premises for the owner or other person by a veterinarian, code enforcement officer or police officer.

H. Own a dog not vaccinated with a modified live-virus vaccine for rabies within the past two years.

I. Own any dog for which he has failed to display a dog licence upon such dog when it is off the owner’s property, if such license is required under SMC 6.04.070.

J. Use or permit another to use an animal license or license identification not issued to such person.

K. Remove a license identification from any dog without the owner’s permission.

L. Make a false or misleading statement or representation regarding the ownership or right to custody or control of an animal.

M. Tease, tantalize or provoke any animal with the intent to cause fear or anger.

N. Fail to keep every female dog in heat confined in a manner that such female dog cannot come into contact with another dog except for planned breeding.

O. Allow a dog in a posted prohibited area.

P. Knowingly or negligently commit acts of cruelty to animals:

1. General acts of cruelty include but are not limited to:

a. To subject any animal under a person’s ownership, custody or control to neglect, defined as confinement without proper food, water and shelter.

b. To kill without legal privilege any animal under the ownership, custody, or control of another person.

2. For any person to overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary sustenance, cruelly beat, mutilate or cruelly kill or cause or procure any such cruel treatment of any animal while having the charge or custody of any such animals as owner or otherwise, or for any owner or person having the charge or custody of any animal to permit the animal to be subjected to any of the above acts.

3. Confine an animal within or on a motor vehicle at any location under such conditions as may endanger the health or well being of the animal, including but not limited to, extreme temperatures, lack of food, water or attention, or confinement with a dangerous animal.

4. For any person owning, having charge or custody of any animal, to deprive any such animal of necessary and adequate food for more than 36 hours and/or water for more than 24 hours.

5. For any person having charge, or custody of any animal, to deprive such animal of necessary, adequate, sanitary, and humane shelter from the elements.

6. Abandon an animal.

7. Failing to report striking an animal with a motor vehicle whether accidental or negligently.

Q. Fail to make an appearance in court pursuant to a uniform animal control citation or complaint and the provisions of this chapter or fail to appear pursuant to an order of the court in such matter under this chapter. (Ord. 590, 1993)

6.04.032 Community event restrictions.

A. It shall be unlawful for an owner to allow any dog, other pets, or other domestic animals to stray and/or enter with or without a leash or other means of restraint upon any street right-of-way, park, playfield, water front or other property designated by the city by resolution as a community event. The resolution shall set out the name of the community event, its dates, and times and the area where dogs, other pets or other domestic animals may not stray or enter.

B. Notwithstanding the restrictions set forth in subsection (A) of this section, it shall not be unlawful for dogs, pets, or domestic animals to enter in the following circumstances:

1. As service or seeing-eye dogs;

2. As certified canine enforcement teams;

3. As parade day or community event participants in an organized activity of the parade of community events between the hours of 8:00 a.m and 1:00 p.m.;

4. As animals used by community event vendors approved by the city and event organizers that provide animal rides, animal performances, or attractions.

C. Notices. Nothing herein shall be determined to require the posting to exclude any dogs, other pets, or other domestic animals; provided, however, that such postings be undertaken at the discretion of the city. (Ord. 844-04 §§ 1, 2)

6.04.040 Right of entry and inspection.

A. Pursuant to consent of the owner or occupant of any premises a code enforcement officer or police officer may enter and inspect said premises to determine compliance with the provisions of this chapter.

B. A code enforcement officer or police officer may enter the private property of another in the absence of the owner or occupant when in their judgement an animal on such premises needs immediate assistance or to prevent its death or serious injury.

C. A code enforcement officer or police officer may enter the private property of another to enforce this chapter with a search warrant or when otherwise authorized by law.

D. A code enforcement officer or police officer is authorized to remove any animal from a motor vehicle, at any location, when they reasonably believe it is confined in such conditions which endanger the health and well being of the dog. The animal shall be removed and impounded with the removing officer leaving written notice of the removal and impound, and the officer’s name, in a secure and conspicuous location or inside the vehicle.

E. A code enforcement officer or police officer may enter the private property of another, with or without a warrant, when in hot pursuit to take possession of any animal observed at large.

F. A code enforcement officer or police officer may enter the private property of another and remove a dog which is creating a public nuisance. (Ord. 590, 1993)

6.04.050 Biting dogs.

A. Any owner of a dog, any person who is bitten by a dog or any doctor, veterinarian or hospital which has information that a person has been bitten by a dog shall immediately report such bite, giving the name and address of the bitten person if known to him.

B. The owner of a dog alleged to have bitten a person must produce valid certification of a current rabies vaccine or be quarantined as described in this chapter for a period of at least 10 days. Such dog may not be transported outside the city limits without the written permission of the police department. (Ord. 590, 1993)

6.04.060 Potentially dangerous dogs.

A. The duty of the owner of any dog involved in an alleged incident which defines the dog as potentially dangerous shall under the direction of the code enforcement officer or police department:

1. Securely confine the dog on the owner’s property as described in this chapter.

2. Post signs for the duration the dog is on the premises to warn the public that the dog is under investigation and symbol signs to warn young children. The signs will be provided by and placement determined by the police department or code enforcement officer. Signs are to be returned to the city.

3. Permit the dog to leave the owner’s property if the dog is restrained on a substantial leash or chain and under the physical restraint of a responsible person. Dogs under investigation for an alleged biting must be muzzled in a manner which prevents the dog from biting.

4. Allow the investigating officer to enter the area of confinement to determine compliance.

B. Compliance will continue until the investigation has determined the disposition of the dog. Failure to comply will result in immediate impound of the dog.

C. Dogs determined to be dangerous shall:

1. Be removed by the code enforcement officer or police and thereafter be impounded for three days and destroyed in a humane manner; or

2. Be permanently removed from the limits of the city.

D. The determination of a dangerous dog shall be made by the police chief or their designee. (Ord. 590, 1993)

6.04.070 Dog license – Required.

Any person owning a dog which is more than four months of age shall procure a license for each and such dog each fiscal year or any part thereof.

Such license shall be procured within 30 days after the date a dog is four months of age is brought by the owner into the city, or any dog four months of age kept for more than 30 days within the city limits. (Ord. 590, 1993)

6.04.080 Dogs – Rabies inoculations.

It shall be the duty of the owner of any dog which is more than four months of age kept in the city to have such dog inoculated against rabies with a modified live virus type vaccine, and no license shall be issued for any dog unless the applicant exhibits a certificate of such inoculation by a veterinarian or, in the case of dogs owned by a kennel or pet shop, a statement of such inoculation signed and sworn to by the owner of that kennel or pet shop.

The certificate of inoculation or sworn statement must demonstrate that such vaccination is valid for immunity against rabies for the entire period for which the license is issued; however, if a veterinarian certifies to some physical condition of a dog which would prevent such inoculation for any period, no inoculation shall be required for the dog, and the license may be issued for that dog. (Ord. 590, 1993)

6.04.090 Issuance – Contents – Tags – Duplicates.

A. Upon payment to the clerk/treasurer or designee of the required license fee, the clerk/treasurer or designee shall issue to the person a license and metal tag bearing the word “Sultan” and having thereon the year and number corresponding to that of the license and the stub.

B. The clerk/treasurer or designee shall keep a record of each license which may be in the form of a stub upon which shall be recorded the essential facts of the license; the name, address and phone number of the owner. The sex, name sufficient information to identify the dog, the date and any other data deemed necessary or desirable to carry out the general purpose of this chapter.

C. If a license tag is lost, an owner may secure a duplicate tag from the code enforcement officer on satisfactory proof of loss. (Ord. 590, 1993)

6.04.100 Fees.

A. Fees for the annual license for each shall be set by resolution. All charges and penalties paid in accordance with the terms of this chapter shall be paid to the Sultan city clerk/treasurer.

B. All licenses shall expire on the first day of the following year in which the license is issued.

C. Residents 62 years of age or older shall be entitled to acquire a special permanent license for the lifetime of the dog for which they are registered owner when the animals are maintained at the owner’s registered address. Eligible residents may acquire the special permanent animal license at a cost set by resolution and they shall not be required to annually purchase a new license for the lifetime of such licensed animals. No person shall be granted more than three permanent animal licenses for any combination of three dogs for which they are the registered owner. Any permanent license issued under this section shall terminate at any time the person issued such license ceased to be the owner of the licensed dog. (Ord. 590, 1993)

6.04.110 Impounding dogs – When authorized.

Whenever any dog is found performing any of the activities described in this chapter, or has bitten any person or animal, a code enforcement officer, police officer, any owner or any private person may impound it by immediately delivering such dog to the place designated for such impoundment.

The code enforcement officer, upon receiving any dog, shall make a complete registry, entering the breed, color and sex of such dog and whether licensed. If licensed, they shall enter the name and address of the owner, and the number of the license tag. Licensed dogs shall be separated from unlicensed dogs.

Not later than two working days after the impounding of any dog, the owner shall be notified, or if the owner of the dog is unknown, written notice shall be posted for three days at the Sultan City Hall and/or Sultan Post Office describing the dog and the place and time of taking. The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, and all costs and charges incurred by the city for impounding and maintenance of the dog. (Ord. 590, 1993)

6.04.120 Redemption, destruction or adoption of unlicensed dogs.

Unless an unlicensed dog is redeemed by his owner within three working days after impoundment in a manner consistent with SMC 6.04.110, the dog may be destroyed or adopted in a manner consistent with SMC 6.04.130. If such dog has been impounded because of the biting of a person and does not have a vaccination which is valid for immunity against rabies at such time, such dog shall be kept in impoundment and quarantine for such period of time as is necessary to observe said dog for the required 10-day quarantine period commencing after the biting of a person. (Ord. 590, 1993)

6.04.130 Impounded dogs – Adoption conditions.

A dog may be redeemed by persons other than the owner only if the following qualifications are met:

A. That the dog is in good health, or that adequate provisions for medical care of the dog will be taken;

B. That the dog is not dangerous or vicious;

C. That the dog is immunized against rabies within 30 days after adoption;

D. That the dog is licensed upon adoption if the owner lives within the city. (Ord. 590, 1993)

6.04.140 Impounded dogs – Adoption – Return to owner.

Any dog adopted out by the code enforcement office may be returned to any owner supplying proof of ownership.

If the dog is licensed, a current license shall be prima facie proof of ownership. If the dog is unlicensed, the owner must purchase a license and pay all fees and penalties consistent therewith. (Ord. 590, 1993)

6.04.150 Charges for impound.

Charges for impounds will be established by resolution by the Sultan city council. (Ord. 703-99; Ord. 590, 1993)

6.04.160 Violation – Penalties generally.

A. Violations of or noncompliance with any provisions of this chapter is an offense which may result in the issuance of a citation by the code enforcement officer or police officer, notwithstanding other charges or costs and/or remedies under this chapter.

B. Each day any person is in violation of this chapter is a separate offense.

C. The first two citations issued within a one-year period shall be an infraction. Any subsequent citation issued within the one-year period shall be deemed a misdemeanor.

D. The fine for an infraction shall be in the amount of $50.00. The process for contesting the citation is as designated on the back of the citation.

E. The penalty for a misdemeanor shall be set at a maximum of $1,000 and 90 days in jail.

F. In addition to any penalty imposed as provided by subsection (C) of this section, a court may order the impoundment and/or destruction of any dog found to be vicious.

G. The citation shall be issued to the owner as defined in this chapter. (Ord. 638, 1995; Ord. 605, 1994; Ord. 590, 1993)

Chapter 6.08
HORSES

Sections:

6.08.010 Purpose.

6.08.020 Minimum ground area – Required.

6.08.030 Minimum ground area – Designated for each animal.

6.08.040 Fence requirements – Running at large prohibited.

6.08.050 Keeping in barn or under direct control of attending person.

6.08.060 Stallions.

6.08.070 Breeding of mares.

6.08.080 Equine breed defined.

6.08.090 Violation – Penalty.

6.08.010 Purpose.

It is declared by the city council of the city of Sultan, that to protect the health, safety and welfare of the residents of the city of Sultan, it is necessary to establish and enforce rules and regulations to govern the keeping, housing, grazing and tethering of horses within said city; such that a danger to the health, safety and welfare of the residents of said city has been created and caused an emergency to exist. (Ord. 319 § 1, 1971)

6.08.020 Minimum ground area – Required.

No horse, mare, colt or filly shall be kept, housed or allowed to graze within the city of Sultan unless such horse, mare, colt or filly is kept, housed or allowed to graze upon an area of ground which equals one-half acre (a ground area of 21,760 square feet). (Ord. 319 § 2, 1971)

6.08.030 Minimum ground area – Designated for each animal.

If two or more horses, mares, colts or fillies are housed, kept or allowed to graze within the city of Sultan, such horses, mares, colts or fillies must be kept, housed or allowed to graze on a ground area of sufficient size to provide at least one-half acre of grazing land for each horse, mare, colt or filly kept on said land. (Ord. 319 § 3, 1971)

6.08.040 Fence requirements – Running at large prohibited.

Any area of ground whereon a horse or horses, mare, colt or filly are kept, shall be surrounded by a sturdily built and secure fence which shall be regularly maintained to provide for the safety of the residents of the city of Sultan; provided further, that it is unlawful, under any condition, to allow any horse, mare, colt or filly to run at large in the city of Sultan. (Ord. 319 § 4, 1971)

6.08.050 Keeping in barn or under direct control of attending person.

A horse, mare, colt or filly may be otherwise kept in the city of Sultan, only if it is kept constantly within the walls of a structure with a complete roof used as a barn; provided further, that whenever any horse, mare, colt or filly so kept is taken from such barn, it must at all times be kept under the direct control of the person attending it. (Ord. 319 § 5, 1971)

6.08.060 Stallions.

No stallion kept within the city of Sultan shall be left unattended unless securely kept within the fenced-in area described above in SMC 6.08.040, or in a barn. (Ord. 319 § 6, 1971)

6.08.070 Breeding of mares.

It is unlawful for any person to cause or allow a mare to be bred within the city of Sultan within 150 feet of any street, walk or thoroughfare within said city, unless such act occurs within the confines of a walled-in structure with complete roof (barn). (Ord. 319 § 7, 1971)

6.08.080 Equine breed defined.

All members of the equine breed not specifically mentioned in this chapter, are deemed to have been included within the terms, horse, mare, colt or filly. (Ord. 319 § 8, 1971)

6.08.090 Violation – Penalty.

Failure to perform any act required or the performance of any act prohibited by this article is designated as an infraction for the first and second offense and as a criminal offense for each violation thereafter. The penalties for said violations are as follows:

A. First offense, $25.00;

B. Second offense, $50.00;

C. Third offense and each additional offense, $100.00 per offense and/or imprisonment for a period not to exceed three days;

D. Criminal offense bail, $100.00 per offense. (Ord. 471, 1985; Ord. 319 § 9, 1971)

Chapter 6.12
ANIMALS RUNNING AT LARGE

Sections:

6.12.010 Prohibited upon unenclosed lands or upon streets.

6.12.020 Dangerous animals prohibited at large.

6.12.030 Public pound – Established.

6.12.040 Officers to receive and care for animals found.

6.12.050 Impoundment – Notice requirements.

6.12.060 Impoundment – Claiming by owner.

6.12.070 Impoundment – Sale at auction.

6.12.080 Impoundment – Owner to receive proceeds if claimed within one year.

6.12.090 Impoundment – Poundmaster’s duties – City marshal’s duties.

6.12.100 Impoundment – Fees.

6.12.120 Hindering impoundment unlawful – Penalty.

6.12.130 Violation – Penalty.

6.12.010 Prohibited upon unenclosed lands or upon streets.

No horse, sheep, goat, ass, mule, jenny, colt, filly or swine, and no cattle of any kind shall be allowed to run at large or be herded any hour of the day or night, upon any unenclosed lands, public or private, within the limits of the city of Sultan, or upon any public street, avenue, alley or other public place in said city, and if two or more of said animals are housed, kept, or allowed to graze within the city of Sultan, said animals must be housed, kept or allowed to graze on a ground area of sufficient size to provide at least one-half acre of grazing land for each of said animals. (Ord. 439, 1983; Ord. 38 § 1, 1910; Ord. 27 § 1, 1908)

6.12.020 Dangerous animals prohibited at large.

No stallion, bull, boar or any vicious animal shall be permitted to run at large or be herded, or be driven or led when such animal is not safely secured upon any unenclosed lands, public or private, or upon any public street, avenue, alley or other public place of said city. (Ord. 27 § 2, 1908)

6.12.030 Public pound – Established.

The enclosure and shed to be hereafter designated by the council heretofore provided as a public pound, is established as the public pound of said city. (Ord. 27 § 4, 1908)

6.12.040 Officers to receive and care for animals found.

A. Any animal, described in this chapter, found running at large within the limits of said city in violation of the provisions of this chapter may be taken up by any person and delivered to the marshal, poundmaster or to any police officer of said city and it shall be the duty of any of said officers to receive any animal so delivered and to take up any and all animals described in this chapter found violating the provisions of this chapter within the limits of said city and to impound the same.

B. Such animals so taken up and impounded shall be provided with proper care, food and water while so confined. (Ord. 27 § 5, 1908)

6.12.050 Impoundment – Notice requirements.

A. The marshal, poundmaster or police officer, impounding any animal, shall give written notice thereof within 24 hours of said impounding, containing a description of the animal or animals so impounded, to the owner, if known, or if not known then by posting a notice in a conspicuous place at the entrance of the pound and posting a similar notice at the front entrance of the City Hall, and also at two other public places in said city, which notice shall state that the animal or animals described therein have been taken up and impounded and will be sold at public auction to the highest bidder for cash at a time therein named, which time shall not be less than three days from the time of service or posting of said notice, to pay the legal fees and costs and expenses of the taking up, keeping and selling the same.

B. Such sale shall take place between the hours of 9:00 a.m. and 4:00 p.m. of said day.

C. The notice required by this section will be effectual, if given as provided in this chapter, either by the city marshal or poundmaster. (Ord. 27 § 6, 1908)

6.12.060 Impoundment – Claiming by owner.

If at any time before such sale the owner of any animal or animals so taken up or impounded shall claim the same, he shall be entitled to the possession thereof upon presentation to the city marshal, poundmaster, or other person in charge of said pound, the receipt of the city clerk/treasurer for all legal fees, charges and expenses incident to such taking up, keeping and impounding. (Ord. 27 § 7, 1908)

6.12.070 Impoundment – Sale at auction.

At the time named in such notice, if such animal or animals are not prior thereto claimed and redeemed as prescribed in SMC 6.12.060, the city marshal or poundmaster shall sell such animal or animals at public auction to the highest bidder for cash and shall immediately pay the proceeds of such sale to the city clerk/treasurer and give a receipt thereto to the purchaser. (Ord. 27 § 8, 1908)

6.12.080 Impoundment – Owner to receive proceeds if claimed within one year.

If the owner or owners of any such animal or animals sold under the provisions of this chapter make satisfactory proof of ownership any time within one year from the date of such sale, he or they will be entitled to receive the net proceeds of such sale so paid into the city treasury, after deducting all legal charges, costs and expenses. (Ord. 27 § 9, 1908)

6.12.090 Impoundment – Poundmaster’s duties – City marshal’s duties.

A. It shall be the duty of the poundmaster or other person in charge of said pound, to securely keep said pound and properly care for all animals that may be delivered into his custody until the same shall be released or sold as provided in SMC 6.12.070.

B. Upon receipt of any animal he shall forthwith report to the city marshal the name of the person delivering the same to him the day and hour of its receipt and a description to a reasonable certainty of the animal or animals and the name of the owner or owners if known; he shall also report to the city marshal the release of all animals coming under his charge, showing the name of the owner to whom delivered, together with the amount realized with such release.

C. The city marshal shall keep a correct record of all matters above described in this section and the same shall be preserved as one of the records of his office and be open to public inspection. (Ord. 27 § 10, 1908)

6.12.100 Impoundment – Fees.

The fee to be charged for the taking up and impounding of any animal and for the care and keeping of such of each animal and the manner and time of payment thereof shall be established by resolution of the city council from time to time as such council deems proper. (Ord. 441, 1983; Ord. 27 § 11, 1908)

6.12.120 Hindering impoundment unlawful – Penalty.

If any person willfully prevents or hinders, or attempts to prevent or hinder, the impounding of any animal running at large in said city, or otherwise violating the provisions of this chapter, or by force removes or attempts to remove any animal from the public pound without the authority of the poundmaster, or other person in charge of said pound, or aids in any attempt to remove any animal or animals from said pound, such persons shall be in violation of this chapter, which shall constitute an infraction or criminal offense. The penalties for said violations are set forth in SMC 6.12.130. (Ord. 471, 1985; Ord. 27 § 13, 1908)

6.12.130 Violation – Penalty.

Failure to perform any act required or the performance of any act prohibited by this article is designated as an infraction for the first and second offense and as a criminal offense for each violation thereafter. The penalties for said violations are as follows:

A. First offense, $25.00;

B. Second offense, $50.00;

C. Third offense and each additional offense, $100.00 per offense and/or imprisonment for a period not to exceed three days;

D. Criminal offense bail, $100.00 per offense. (Ord. 471, 1985; Ord. 294 § 14, 1968)

Chapter 6.16
FOWL RUNNING AT LARGE

Sections:

6.16.010 Prohibited.

6.16.020 Impoundment – Requirements.

6.16.030 Impoundment – Fee.

6.16.040 Impoundment – Sale and notice procedure.

6.16.050 Violation – Penalty.

6.16.010 Prohibited.

No chicken, duck, goose or other domestic fowl, except pigeons, shall be allowed to run at large, or be herded, upon any unenclosed lands, public or private, within the limits of said city, or upon any street, avenue, alley or other public place in said city. (Ord. 77 § 1, 1915)

6.16.020 Impoundment – Requirements.

Any fowl described in this chapter found running at large in violation of its provisions may be taken up by any person and delivered to the city marshal, poundmaster or any police officer; and it shall be the duty of such officers to receive any fowl so taken up, and to take up any such fowl found in violation of this chapter and to impound the same. (Ord. 77 § 2, 1915)

6.16.030 Impoundment – Fee.

A. The fee to be charged to taking up and impounding any domestic fowl shall be as set forth in SMC 6.16.050.

B. In addition to such fee there shall be charged $4.50 per day for the care and feeding of each fowl impounded, to be paid as aforesaid. (Ord. 471, 1985; Ord. 77 § 3, 1915)

6.16.040 Impoundment – Sale and notice procedure.

All procedure relative to notice and selling of impounded fowls shall be as provided in Chapter 6.12 SMC for notice and sale of impounded animals unless otherwise specially provided in this chapter. (Ord. 77 § 4, 1915)

6.16.050 Violation – Penalty.

Failure to perform any act required or the performance of any act prohibited by this article is designated as an infraction for the first and second offense and as a criminal offense for each violation thereafter. The penalties for said violations are as follows:

A. First offense, $25.00;

B. Second offense, $50.00;

C. Third offense and each additional offense, $100.00 per offense and/or imprisonment for a period not to exceed three days;

D. Criminal offense bail, $100.00 per offense. (Ord. 471, 1985; Ord. 77 § 5, 1915)