City of Pullman WA > City Code > Title 9, Animals
 
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City of Pullman WA
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TItle 20 - Franchises

TITLE 9
ANIMALS

Chapters:

9.01       Purpose, Definitions, Penalties, Enforcement, and Miscellaneous Provisions
9.10       Dog and Cat Licensing
9.20       Animal Control
9.30       Rabies Control and Impoundment Regulations

Chapter 9.01

Purpose, Definitions, Penalties, Enforcement, and Miscellaneous Provisions

Sections:

9.01.010     Purpose.
9.01.020     Definitions.
9.01.030     Violations deemed civil infractions--Penalties--Forfeitures.
9.01.040     Stray dogs and other animals--Warning and violation notices of infraction.
9.01.045     Removal from Jurisdiction Prohibited.
9.01.050     Service by mail--When completed.
9.01.060     General duty.
9.01.070     Severability.

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9.01.010   Purpose.  The purpose of this Title is to protect the health, safety, and welfare of the citizens of the city of Pullman and to provide for responsible and humane ownership of animals by establishing and enforcing regulations for the keeping and control of animals within the city of Pullman.  (Ord. 87-4 §1, 1987).

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9.01.020   Definitions.  Words used in this Title shall have their normal and customary meaning, unless the context indicates otherwise.  The following words and terms shall mean:

(1)  "Abandon" means to voluntarily release possession of an animal with the intent, or apparent intent, of never again claiming an ownership or possessory interest in the animal.

(2)  "Animal" means any nonhuman vertebrate.

(3)  "Animal shelter" means any premises designated by the city for the purpose of impounding and caring for animals held under authority of this Chapter.

(4)  "At large" means any animal off the premises of the keeper and not under control.

(5)  "Chief of Police" means the appointed chief of the Pullman police department or the person designated by the chief of police to act for the chief during a period of the chief's absence from the city.

(6)  "Code enforcement officer" means any person designated by the chief of police to carry out the provisions of this Title.

(7)  "Dog" means any member, male or female of the genus Canis familiaris.

(8)  "Domestic animal" means any tame animal raised or kept as a pet.

(9)  "Harboring" means maintaining any premises on which an animal remains or to which it customarily returns daily for food.  Care of an animal for a period of ten days or longer is presumed to be harboring or keeping the animal within the meaning of this Title.

(10)  "Keeper" means the owner of an animal or a person or entity having the immediate care, custody, or control of an animal and any person apparently acting on behalf of a keeper with the express or implied permission of the keeper.

(11)  "Leash" means a rope, strap, or chain not more than ten (10) feet in length by which an animal is controlled, which is of sufficient strength to control an animal without breaking.

(12)  "Premises" means real property and its appurtenances.

(13)  "Under control" means the restraint of an animal by means of a leash or other device that physically restrains the animal to the keeper's immediate proximity preventing the animal from trespassing upon the property of others or chasing other persons, animals, or motorized or non-motorized vehicles of any sort.  An animal which is otherwise securely confined while in or upon any motor vehicle shall be deemed to be under control.

(14)  "Veterinary hospital" means any establishment maintained and operated by a licensed veterinarian for the diagnosis, treatment, and care of diseased or injured animals.  (Ord. 00-25 §1, 2000; Ord. 87-4 §2, 1987).

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9.01.030   Violations deemed civil infractions--Penalties--Forfeitures.

(1)  Any person or entity which violates the provisions of sections:

9.10.010      Dogs--Licenses Required.;

9.01.035      Lifetime Licenses and Rabies Vaccinations.;

9.20.010      Animal Control--Generally.;

9.20.020      Animals not permitted in city parks or cemeúteries--Exception.;

9.20.030      Dog Control--Specifically--Leash required--Exception.;

9.20.110      Animal Sanitation in public places.;

9.30.010      Rabies control--Vaccinations required.;

9.30.020      Rabies control--Quarantine of animals.;

9.30.030      Rabies control--Killing of animals suspected of rabies prohibited.; or,

of this Title shall be deemed to have committed a civil infraction and for each violation shall be fined not to exceed the sum of $500.00.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in this subsection (1) may forfeit to the Whitman County District Court a penalty in the sum of $25.00.

For a second infraction of the same provision occurring within a twelve-month period, the amount of the penalty forfeiture shall increase to $50.00.

For a third and all subsequent infractions of the same provision within a twelve-month period, the amount of the penalty provision shall increase to $75.00.

(2)  Any person or entity which violates the provisions of sections:

9.20.060(3)      Attempting to bite pedestrians.; or,

9.20.130         Other acts prohibited.,

of this Title shall be deemed to have committed a civil infraction and for each violation shall be fined not to exceed the sum of $500.00.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in this subsection (2) may forfeit to the Whitman County District Court a penalty in the sum of $50.00.

(3)  Any keeper having a dog which violates the provisions of subsections:

9.20.060(1)      Biting pedestrians.; or,

9.20.060(2)      Biting persons other than pedestrians.,

of this Title shall be deemed to have committed a civil infraction and for each violation shall be fined not to exceed the sum of $500.00.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in this subsection (3) may forfeit to the Whitman County District Court a penalty in the sum of $100.00 for the first offense only.  For subsequent offenses, mandatory appearance before the Whitman County District Court is required to determine in addition to the violation whether the dog should be destroyed.  Any dog that bites a person shall be immediately confiscated, impounded, and quarantined for the time necessary to determine if it has any condition that is a threat to the person bitten, pursuant to P.C.C. 9.30.020.  In the event the dog bites for a second time, it shall thereafter be destroyed in an expeditious and humane manner.  All costs of impoundúment and destruction, if applicable, shall be paid by the keeper.

(4)  Any person or entity which violates the provisions of section:

9.20.050 Dangerous animals--Defined--Regulated.,

9.20.137 Dangerous Dog Certificate - Requirements - Violation.,

of this Title shall be deemed to have committed a civil infraction and for each violation shall be fined not to exceed the sum of $500.00.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in this subsection (4) may forfeit to the Whitman County District Court a penalty in the sum of $150.00 for the first offense only.  For subsequent offenses, mandatory appearance before the Whitman County District Court is required to determine in addition to the violation whether the animal should be destroyed.  Any animal that is a dangerous animal in violation of P.C.C. 9.20.050 shall be immediately confiscated, impounded, and quarantined for the time necessary to determine if it has any condition that is a threat to the person attacked, pursuant to P.C.C. 9.30.020.  In the event of a second occurrence, the animal shall thereafter be destroyed in an expeditious and humane manner.  All costs of impoundment or destruction, if applicable, shall be paid by the keeper.

(5)  Any person or entity which violates the provisions of section:

9.20.040   Animal disturbance noises.,

of this Title shall be deemed to have committed a civil infraction and for each violation shall be fined not to exceed the sum of $500.00.

(a) Forfeiture--Daytime Violation.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in 9.20.040(1) between the hours of 7:00 o'clock a.m. to 10:00 o'clock p.m. on any given day may forfeit to the Whitman County District Court for a first and any subsequent violation for which a failure to comply notice of infraction has been issued pursuant to the provisions of 9.20.040(5)(a) occurring during these hours on the particular day involved a penalty in the sum of $50.00 for each violation.

(b) Forfeiture--Nighttime Violations.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions set forth in 9.20.040(1) between the hours of 10:00 o'clock p.m. on any given day to 7:00 o'clock a.m. on the following day, may forfeit to the Whitman County District Court

(i) for a first violation occurring during these hours in the period from August 1 through July 31 a penalty in the sum of $50.00, and for each failure to comply notice of infraction issued thereafter pursuant to the provisions of 9.20.040(5)(b) the sum of $100.00.

(ii) for the next first violation occurring during these hours on a day after the day of the first violation in the period from August 1 through July 31, a penalty in the sum of $100.00 which penalty shall be increased by the sum of $50.00 for each first violation occurring thereafter on separate and subsequent days after the date of the first violation which occur within the period of August 1 through July 31; and for each notice of infraction issued pursuant to the provisions of 9.20.040(5) for failure to comply, the penalty to be forfeited will be the same as the penalty for the original notice of infraction issued during that period.  (Ord. 99-41 §1, 1999; Ord. No. 90-20 §1, 1990; Ord. 87-4 §3, 1987).

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9.01.040   Stray dogs and other animals--Warning and violation notices of infraction.

(1)  In place of impoundment under the provisions of Section 9.20.120, a code enforcement officer or a city police officer may issue a warning notice of infraction, or a violation notice of infraction to an animal's keeper for a first offense of letting an animal, except a domestic cat, run at large in the city.

(2)  A code enforcement officer or a city police officer may issue a warning notice of infraction, or a violation notice of infraction to an animal's keeper for a first offense of any civil infraction set forth as such in Section 9.01.030.

(3)  For all subsequent offenses of the same civil infraction a code enforcement officer or city police officer shall issue a violation notice of infraction.

(4)  A warning notice of infraction or a violation notice of infraction shall be given either directly to the animal's keeper, or to a person of suitable age and discretion who is a resident of the household of the keeper.  If, however, after making a reasonable attempt within a five-day period after the date of the occurrence for which the notice of infraction is issued the officer is unable to give the notice of infraction to the animal's keeper or to a person of suitable age and discretion who is a resident of the household of the keeper, the officer may then cause the notice of infraction to be served by mailing a copy thereof by certified mail, return receipt requested, to the animal's keeper at the keeper's last known address.

(5)  Copies of all violation notices of infraction shall be filed with the Whitman County District Court.  (Ord. 00-25 §2, 2000; Ord. 87-4 §4, 1987).

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9.01.045 Removal from Jurisdiction Prohibited.  Any keeper who has been charged with a violation of Section 9.20.050 or 9.20.060, who shall remove the dog or other animal from the jurisdiction of the City shall have committed a civil infraction and for each violation shall be fined not to exceed $500.  In lieu of a court appearance, any person or entity charged with having committed a civil infraction prohibited by the provisions of this section may forfeit to the Whitman County District Court a penalty in the sum of $100.  (Ord. 99-41 §2, 1999).

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9.01.050   Service by mail--When completed.  When under the provisions of this Title service of a notice of impoundment, warning notice of infraction, violation notice of infraction or any other notice is permitted to be made by certified mail, return receipt requested such service shall be deemed completed when the certified mail is receipted for.  (Ord. 87-4 §5, 1987).

9.01.060   General duty.  None of the provisions of this Title are intended to create a cause of action or provide the basis for a claim against the city, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals.  Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public.  (Ord. 87-4 §6, 1987).

9.01.070    Severability.  The provisions of this Chapter are hereby declared to be severable.  If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this Chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid.   (Ord. 87-4 §7, 1987).

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Chapter 9.10

Dog and Cat Licensing

Sections:

9.10.010     Dogs--Licenses required.
9.10.015     Cats--Voluntary licenses.
9.10.020     Dogs--Exceptions to license requirements.
9.10.030     Dogs and Cats--Rabies vaccination.
9.10.035     Lifetime Licenses and Rabies Vaccinations.
9.10.050     Dogs and Cats--License fees.
9.10.060     Animals--Fees upon reclaiming--Unlicensed impounded dogs.
9.10.070     Animals--Pickup fee. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]
9.10.080     Animals--Adoption fee and sterilization deposit. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]
9.10.090     Severability.

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9.10.010   Dogs--Licenses required.  Except as provided in Section 9.10.020, no person or entity residing in the city shall keep a dog over six months of age within the city without having a valid dog license.  Persons moving to the city with a dog over six months of age shall license the dog within 30 days of taking up residence in the city whether permanent or temporary.  A license other than a temporary license as provided for in 9.10.050(2) may be issued for an annual period of 12 months after issuance, or may be issued for the lifetime of the dog if the person produces proof the dog has been spayed or neutered.   Dog licenses are not transferable.  A new license is required of any keeper within 30 days of acquiring the dog.   The license issued to the owner shall be a durable tag stamped with an identifying number, the year of issuance, and the word "Pullman".  Tags will be designed so they may be conveniently fastened to a dog collar or harness.  A dog must wear its own license identification tag at all times when off the premises of the owner.  The police department shall maintain arecord of all dog license tags.  This section shall not apply to dogs brought into the city for less than thirty days.  (Ord. 00-25 §3, 2000; Ord. 00-6, §1, 2000; Ord. 99-41 §3, 1999; Ord. 87-5 §1, 1987).

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9.10.015   Cats--Voluntary licenses.

(1)  A keeper of a domestic cat may voluntarily license such cat by paying a license fee as established pursuant to the conditions and provisions of Sections 9.10.030, 9.10.040, and 9.10.050.  Application for a voluntary cat license shall be made to the city police department.   Upon issuing a voluntary cat license, other than a temporary cat license as provided for in 9.10.050(2) the city police department shall issue to the owner a durable tag stamped with an identifying number, the year of issuance, and the word "Pullman".

(2)  Tags will be designed so they may be conveniently fastened to a cat collar; provided, however, that cat owners shall be allowed to choose the means by which they display a cat's identifying number such as the tag, a collar, tattoo or other form of identification which displays identifying number.  Cat owners who desire to use another identifying number that is already permanently and legibly displayed on a cat such as, but not limited to, an American Kennel Club, social security, or telephone number may register that number with the city police department to be used as the pet's identifying number.

(3)  The police department shall maintain a record of all voluntary cat licenses and the identifying numbers assigned by the police department or registered by a cat owner to a cat license.  (Ord. 87-5 §2, 1987).

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9.10.020   Dogs--Exceptions to license requirements.   A license for dogs shall not be required of the municipal animal shelter, any veterinary hospital, or of any educational or research institution owned or operated by the state of Washington.  (Ord. 87-5 §3, 1987).

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9.10.030   Dogs and Cats--Rabies vaccination.   All dogs or cats must have a currently effective rabies vaccination.  Proof of vaccination for rabies shall be in the form of a veterinarian's certificate which shall be presented at the time of applying for a license.  (Ord. 99-41 §4, 1999; Ord. 87-5 §4, 1987).

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9.10.035 Lifetime Licenses and Rabies Vaccinations.  Lifetime licenses issued prior to January 1, 2000 shall not require renewal.  However, any keeper shall require his or her dog or cat to receive a rabies vaccination and report such vaccination at least every three years.  There shall be no charge for reporting a vaccination pursuant to this section.  (Ord. 99-41 §5, 1999).

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9.10.050   Dogs and Cats--License fees.

(1)  The following dog or cat license fees as established by resolution of the City Council shall be collected from the person who applies therefor:

(a) for a sterile dog or cat, a fee for a license for the lifetime of the dog or cat;

(b) for an unsterile dog or cat, a fee for an annual license; and

(c) for a sterile or unsterile dog or cat, a temporary license fee;

(d) a fee for the replacement of lost or damaged tags.

(2)  An applicant for an annual or lifetime dog or cat license who does not have both the required proof of rabies vaccination and required proof of sterility at the time of making application may be issued a temporary license for thirty days.  If within thirty days after issuance of the temporary license the applicant presents the required certification to the police department, an annual or lifetime license and tag shall be issued upon payment by the applicant within the thirty-day period of the difference between the temporary license fee and the annual or lifetime license fee.  (Ord. 00-25 §4, 2000; Ord. 87-5 §6, 1987).

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9.10.060   Animals--Fees upon reclaiming--Unlicensed impounded dogs.    If a dog for which no current license has been issued is impounded, the claimant shall also pay the regular applicable license fee; and if the dog has been impounded more than thirty days after the expiration of a license, a late license fee as established by resolution of the City Council.    (Ord. 00-25 §5, 2000; Ord. 87-5 §7, 1987).

9.10.070     Animals -- Pickup Fee. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]

9.10.080     Animals--Adoption fee and sterilization deposit. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]

9.10.090   Severability.  The provisions of this Chapter are hereby declared to be severable.  If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this Chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid.  (Ord. 87-5 §10, 1987).

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Chapter 9.20

Animal Control

Sections:

9.20.010  Animal Control--Generally.
9.20.020  Animals not permitted in city parks or cemeteries--Exception.
9.20.030  Dog control--Specifically--Leash required--Exception.
9.20.040  Animal disturbance noises--Prohibited.   Enforcement.
9.20.050  Dangerous animals--Defined--Regulated.
9.20.060  Animals biting.
9.20.070  Harboring biting animal prohibited.
9.20.080  Harboring biting animal--Complaint investigation.
9.20.090  Harboring biting dog--Hearing.
9.20.100  Harboring biting dog--disposition.
9.20.110  Animal sanitation in public places.
9.20.120  Stray dogs and other animals.  Nuisance--Impoundment.
9.20.130  Other acts prohibited.
9.20.135  Purpose, Intent and Liability.
9.20.137  Dangerous Dog Certificate - Requirements - Violation.
9.20.140  Severability.

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9.20.010   Animal Control--Generally.  The keeper of any animal shall not cause, permit, or allow such animal, except a domestic cat, 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.   (Ord. 87-6 §1, 1987).

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9.20.020   Animals not permitted in city parks or cemeteries--Exception.  The keeper of any animal, except domestic cats, shall not allow such animal to be in any city park or playground unless such animal is under control by the use of a leash or is a trained guide dog or service animal while being used by a person of disability; and, if so controlled, it may be walked in any area of a city park or playúground unless prohibited by appropriate signing as ordered by resolution of the City Council; provided, however, that no animals except a trained guide dog or service animal while being used by a person of disability shall be allowed under any circumstances in Harrison Tot Lot, Lawson Gardens park, or the city cemeteries.  (Ord. 99-41 §7, 1999; Ord. 93-6 §1, 1993; Ord. 87-6 §2, 1987).

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9.20.030   Dog control--Specifically--Leash required--Exception.

(1)  Leash required.  The keeper of any dog owned, harbored, controlled or kept by the keeper in this city, 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 9.01.020.  It shall be prima facie evidence of a violation of this subsection when a dog is found by a police officer or a code enforcement officer while it is away from its keeper's premises and not under the control of the keeper or a responsible person.

(2)  Exceptions.  A leash required pursuant to the provisions of 9.20.030(1), shall not be required

(a) for a dog which is securely confined while in or upon any motor vehicle.

(b) for a dog while being exercised in any area designated by the city as a leash optional area.

(c) for a dog while undergoing training at an organized dog obedience class where at least seventy-two 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.

(d) 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 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.

(e) for a trained guide dog or service animal while being used by a person of disability.

(f) 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. 00-25 §6, 2000; Ord. 99-41 §8, 1999; Ord. 87-6 §3, 1987).

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9.20.040   Animal disturbance noises--Prohibited.   Enforcement.

(1)  Animal disturbance noises--Prohibited.  Subject to the qualifications hereinafter set forth in this section, the keeper of any animal shall not keep or maintain within the city any animal which by frequent repetitive or continuous howling, yelping, barking, braying, whinnying, crying, cackling, crowing, or the making of any other noises annoys or disturbs the peace and repose of persons of reasonable sensitivities residing, owning property, or employed within a district zoned for residential uses.

(2)  Animal disturbance noises--Enforcement.  Enforcement of 9.20.040(1) shall be undertaken only upon receipt of a complaint by an identifiable person who resides, owns property, or is employed within a residential district affected by the noise complained of.  Upon receipt of such a complaint, the procedure for enforcing 9.20.040(1) shall be as follows:

(a) A code enforcement officer or police officer shall verify that the animal disturbance noise complained of is being received at the location in a residential zone district complainant claims it is being received.  The opinion of an officer as to the loudness or objectionability of the animal disturbance noise is not material in the enforcement of 9.20.040(1), but the opinion of complainants is material.

(b) After verification, a code enforcement officer or police officer shall make a reasonable attempt to notify the keeper at the location of the source of the animal disturbance noise complained of and inform that person that an animal disturbance noise complaint has been received from a person residing, owning property, or employed in a district zoned for residential purposes, and warn that if other complaints are received a notice or notices of infraction will be issued to the keeper for either a daytime or nighttime animal disturbance noise infraction as set forth in 9.20.040(3) or 9.20.040 (4).

As used in this subsection (b), the term "reasonable attempt" means that a code enforcement officer or a police officer has physically visited the premises from which the animal disturbance noise complaint has generated and personally notified or attempted to notify the keeper that an animal disturbance noise complaint has been received.  If a code enforcement officer or police officer can not find a keeper on the premises to notify that an animal disturbance noise complaint has been received, the requirement of a reasonable attempt to do so has been satisfied if the officer leaves a warning notice of infraction in a conspicuous place on the premises.

(c) Upon receipt of a second identifiable complaint within the applicable time periods set forth in 9.20.040(3) or 9.20.040(4) from a person other than a first complainant who resides in a different residence, owns different property, or is employed at a different location than that of a first complainant, a code enforcement officer or police officer after verification of receipt of the animal disturbance noise at the second location and without further warning shall issue a notice of infraction to the keeper of the animal or animals causing the animal disturbance noise.

(d) The observations of a code enforcement officer or police officer satisfy the requirement for a second identifiable complaint without need for further warnings.

(3)  Daytime animal disturbance noise.  Animal disturbance noise complaints received between the hours of 7:00 o'clock a.m. to 10:00 o'clock p.m. on any given day shall be considered as daytime animal disturbance noise complaints.

(4)  Nighttime animal disturbance noises.  Animal disturbance noise complaints received between the hours of 10:00 o'clock p.m. on any given day to 7:00 o'clock a.m. on the following day shall be considered as nighttime animal disturbance noise complaints.

(5)  Failure to comply--daytime; nighttime.

(a) Daytime.  Each daytime animal disturbance noise complaint received from a different identifiable complainant during the same daytime period after the issuance of a daytime notice of infraction shall be cause for issuing subsequent notices of infraction for a daytime animal disturbance noise without the necessity of giving another warning prior to issuing any subsequent daytime notices of infraction.  These subsequent daytime notices of infraction shall be issued for failure to comply with the original daytime notice of infraction.

(b) Nighttime.  Each nighttime animal disturbance noise complaint received from a different identifiable complainant during the same nighttime period after the issuance of a nighttime notice of infraction shall be cause for issuing subsequent notices of infraction for a nighttime animal disturbance noise without the necessity of giving another warning prior to issuing any subsequent nighttime notices of infraction.  These subsequent nighttime notices of infraction shall be issued for failure to comply with the original nighttime notice of infraction.  (Ord. 00-25 §7, 2000; Ord. 99-41 §9, 1999; Ord. No. 90-20 §2, 1990; Ord. 87-6 §4, 1987).

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9.20.050   Dangerous animals--Defined--Regulated.

(1)  For the purpose of this section, a dangerous animal is any animal, including but not limited to a dog, that

(a) has a propensity, tendency, or disposition known or which should be known to the keeper to attack unprovoked, to cause injury to, or to otherwise endanger the safety of human beings or domestic animals.

(b) when unprovoked and while on public or private property, bites a human being or domestic animal.

(c) when unprovoked and while on public or private property, that in a vicious and terrorizing manner attacks by growling, snapping, charging at, or otherwise approaches in a vicious and terrorizing manner a human being or domestic animal.

(d) is owned or harbored primarily or in part for the purpose of fighting, or any animal trained for fighting, or any animal bred for fighting, or any animal which is of a breed with predominate fighting characteristics.

(e) that has bitten or attempted to bite pedestrians or other persons as prohibited by Section 9.20.060.

(2)  The keeper of a dangerous animal shall not allow such animal to go beyond the premises of the keeper unless the animal is securely leashed and securely muzzled or otherwise securely restrained and securely muzzled.  (Ord. 00-2 §1, 2000; Ord. 99-41 §10, 1999; Ord. 87-6 §5, 1987).

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9.20.060 Animals biting.

(1)  Biting Pedestrians.  An animal shall not without provocation bite any pedestrian lawfully upon any public sidewalk, street, alley, or other public place in the city.

(2)  Biting persons other than pedestrians.  An animal which is in the city on the premises of a person other than the keeper without the express or implied permission of the owner or person in possession of such premises shall not, without provocation, bite any person lawfully upon said premises.

(3)  Attempting to bite pedestrians.  An animal shall not without provocation while on a public sidewalk, street, alley, or other public place in the city charge, attack, snap, or growl at nor attempt to bite any pedestrian 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 pedestrian to reasonably believe that he or she is in real and immediate danger of being bitten.  (Ord. 00-2 §2, 2000; Ord. 87-6 §6, 1987).

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9.20.070   Harboring biting animal prohibited.   It is unlawful for any person to keep or maintain within the city any animal of which he or she is the keeper which has been found, pursuant to the provisions of Sections 9.20.080 through 9.20.100, to have twice bitten any person or persons.  (Ord. 00-2 §3, 2000; Ord. 87-6 §7, 1987).

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9.20.080   Harboring biting animal--Complaint investigation.  Upon receipt by a code enforcement officer or a police officer of a signed complaint made by any person, or the parent or guardian of such person, bitten by an animal which complaint alleges that at some time during the twenty-four month period prior to the time the victim was bitten the same animal bit the same victim or any other person or persons; or, if a code enforcement officer or police officer has other evidence that the same animal has bitten another person at some time during the twenty-four month period prior to the time the victim was bitten the code enforcement officer or the police shall investigate the complaint and report the results of the investigation to the city attorney.  Where the city attorney finds probable cause exists to believe and prove by a preponderance of credible evidence that the animal in question has twice bitten one or more persons without provocation or justification during the applicable period, the city attorney may commence a civil action in the Whitman County District Court requesting the hearing provided for in Section 9.20.090.  (Ord. 00-25 §8, 2000; Ord. 00-2 §4, 2000; Ord. 87-6 §8, 1987).

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9.20.090   Harboring biting dog--Hearing.  Upon the filing of an action by the city attorney in the Whitman County District Court to determine if an animal has without provocation twice bitten a person within a consecutive twenty-four 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 animal 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 animal as well as the legal status of the victim on that property in determining whether a biting incident shall be included within the twenty-four month period or may have been justified and not included.  (Ord. 00-2 §5, 2000; Ord. 87-6 §9, 1987).

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9.20.100 Harboring biting dog--disposition.  Upon a finding by the court based upon a preponderance of the evidence that the animal in question has twice bitten a person or persons without provocation or justification within the consecutive twenty-four 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 animal does not bite persons in the city again.  (Ord. 00-2 §6, 2000; Ord. 87-6 §10, 1987).

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9.20.110   Animal sanitation in public places.   The keeper of an animal, except a domestic cat, shall

(1)  remove for disposal any fecal matter deposited by his or her animal 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 animal is on that 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 removal of the fecal matter when accompanied by said animal on the public property described in subsection (1). (Ord. 87-6 §11, 1987).

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9.20.120   Stray dogs and other animals.  Nuisance--Impoundment.  Any stray dog or other animal, except a domestic cat, which is not under control, or is running loose, roaming, or running at large in the city on any street, alley, sidewalk, or in 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 premise is declared to be a nuisance.   Any such stray dog or other animal may be seized while on any such public or private property by the code enforcement officer or any city police officer and impounded.  (Ord. 00-25 §9, 2000; Ord. 87-6 §12, 1987).

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9.20.130   Other acts prohibited.

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

(2)  No person shall wilfully provoke, mistreat, or abuse any dog or other animal 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 or other animal.

(4)  No person shall abandon any dog or other animal, including a domestic cat, by dropping off or leaving such animal on any public street, alley, sidewalk, or in any city park or playground or other public place or building, or on the premises of another.  (Ord. 87-6 §13, 1987).

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9.20.135 Purpose, Intent and Liability.

(1)  It is expressly the purpose of this Title 9 to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter.

(2)  It is the specific intent of this Title that no provisions nor term used in this Title is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

(3)  Nothing contained in this Title 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 from the failure to comply with the provision of this Title or by reason or consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this Title or any reason or any action or infraction on the part of the city related in any manner to the enforcement of this Title by its officers, employees or agents.  (Ord. 99-41 §14, 1999).

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9.20.137 Dangerous Dog Certificate - Requirements - Violation.  The Chief of Police or his designated representative shall issue the certificate of registration for a dangerous dog required by RCW 16.08.080 upon meeting the requirements of RCW 16.08.080 and payment of a fee established by resolution of the City Council.  Failure to maintain an enclosure, bond or policy of insurance required for the issuance of a certificate of registration is a violation of this chapter.  (Ord. 99-41 §15, 1999).

9.20.140   Severability.  The provisions of this Chapter are declared to be severable.   If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this Chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid.  (Ord. 87-6 §14, 1987).

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Chapter 9.30

Rabies Control and Impoundment Regulations

Sections:

9.30.010    Rabies Control--Vaccinations Required.
9.30.020    Rabies control--Quarantine of animals.
9.30.030    Rabies control--Killing of animals suspected of rabies prohibited.
9.30.040    Impoundment of animals--Notification--Reclaiming--Disposition.
9.30.050    Impoundment of animals for disposition. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]
9.30.060    Care of impounded animals.
9.30.070    Impound fees and boarding fees. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]
9.30.080    Appeal of impound and boarding fees. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]
9.30.090    Removal of impounded animal without payment of fees. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]
9.30.100    Severability.

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9.30.010   Rabies Control--Vaccinations Required.   No keeper of a dog or domestic cat shall keep or permit to be kept any dog or domestic cat within the city which does not have a currently effective rabies vaccination.  All dogs and domestic cats shall be vaccinated for rabies as soon as their age permits which shall not be more than six months after birth.  (Ord. 87-7 §1, 1987).

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9.30.020   Rabies control--Quarantine of animals.

(1)  Biting Animals:  Any dog or other animal that bites a person or animal shall be quarantined for ten days.   If a code enforcement officer or police officer determines that the risk of the biting animal being infected with rabies is possible but not probable, the quarantine may be on the premises of the keeper.  An animal quarantined on the premises of the keeper shall be securely confined in an enclosure which is at least fenced on all sides and from which the animal cannot escape, and which is not accessible to the public.

If a code enforcement officer or police officer determines that it is probable that the biting animal is infected with rabies a code enforcement officer or a police officer may require the keeper to surrender the animal for the quarantine period to the animal shelter or place the animal in a veterinary hospital.  The keeper shall pay all costs incurred during a period of quarantine.

(2)  Animals susceptible to rabies:  Any animal for which probable cause exists to cause a code enforcement officer or a police officer to believe that it may be rabid or susceptible to being rabid may be quarantined by a code enforcement officer or a police officer under the terms and conditions for biting animals set forth in subsection (1) of this section.

(3)  Removal of quarantined animals from keeper's premises.  An animal quarantined on the keeper's premises under the provisions of either subsections (1) or (2) of this section may be taken from the keeper's premises if it is under control by greater restraint than being "at heal".

(4)  Removal of quarantined animals from the City.  Any dog or other animal quarantined after biting or for being susceptible to rabies under the provisions of subsections (1) and (2) of this section, may be transported from the city during a period of quarantine if it has been vaccinated and a certificate to that effect certifying that such vaccination was in effect at the time the quarantine was imposed is shown to the code enforcement officer.  (Ord. 00-25 §10, 2000; Ord. 87-7 §2, 1987).

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9.30.030   Rabies control--Killing of animals suspected of rabies prohibited.  No person shall kill or cause to be killed any animal which has bitten a person or another animal, or any animal suspected of being rabid except as needed to prevent immediate injury or death to another animal or to a person until after the animal has been placed in quarantine and a diagnosis of suspected rabies is made by a licensed veterinarian.  If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely destroyed and appropriate tests performed if needed or desired by a code enforcement officer.  (Ord. 00-25 §11, 2000; Ord. 87-7 §3, 1987).

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9.30.040   Impoundment of animals--Notification--Reclaiming--Disposition.

(1)  Place of impoundment.  Any dog or other animal impounded as authorized by the provisions of Section 9.20.120 shall be confined to the Whitman County Humane Society for not less than:

(a) 144 hours in the case of a dog wearing a license identification tag issued pursuant to the proviúsions of Section 9.10.010, or

(b) 72 hours in the case of a dog not wearing such a license identification tag

unless reclaimed by its keeper or an authorized representative thereof.

(2)  Place of impoundment--domestic cats.

Lost or stray domestic cats exempt from impoundment under the provisions of Section 9.20.120, may be delivered to and received by the Whitman County Humane Society and shall be kept and treated as an impounded animal for not less than:

(a) 144 hours in the case of a domestic cat wearing or bearing a voluntary license identification number as provided for in Section 9.10.015, or

(b) 72 hours in the case of a domestic cat which is not wearing or bearing a voluntary license identification number, unless reclaimed by its keeper or an authorized representative thereof.

(3)  Notification.  Upon impoundment of any dog or other animal under the provisions of 9.30.040(1) and (2), the code enforcement officer shall give notice of the impoundment as follows:

(a) as soon as possible after impoundment notify the keeper if known of the impoundment by telephone, or if notification is not possible by telephone then in writing.  The notification shall contain a description of the dog, cat, or other animal, any license number, the reason for impoundment, and the terms upon which such dog, cat, or other animal may be reclaimed.  Written notice shall be served personally upon the keeper, or if the keeper cannot be found then upon any person of suitable age and discretion residing at the keeper's residence.  If personal or substituted service cannot be accomplished then notice shall be served by certified mail return receipt requested.

(4)  Reclaiming.  A keeper of a dog, cat, or other animal may reclaim such dog, cat, or other animal by paying all:

(a) impound fees, except no impound fees shall be required for domestic cats,

(b) boarding fees, and

(c) applicable license fees as established by resolution of the City Council pursuant to the provisions of Sections 9.10.050 and 9.10.060.

(d) show proof of current rabies vaccination pursuant to Section 9.10.070.

(5)  Disposition.  Any dog or other animal which is not claimed by its keeper or an authorized representative thereof within:

(a) 144 hours in the case of animals wearing or bearing license identification numbers, or

(b) 72 hours in the case of animals not wearing or bearing license identification numbers

of notice of the impoundment having been given to its keeper shall become the property of the city.  Animals will be turned over to the Whitman County Humane Society.  (Ord. 00-25 §12, 2000; Ord. 99-41 §11, 1999; Ord. 87-7 §4, 1987).

9.30.050    Impoundment of animals for disposition. [text not provided on city web site]

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9.30.060   Care of impounded animals.  Injured or diseased animals impounded and needing medical care may be delivered to a veterinarian for treatment and the costs of treating and maintaining an animal in a veterinary hospital shall be paid by the keeper of such animal.   (Ord. 87-7 §6, 1987).

9.30.070    Impound fees and boarding fees. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]
9.30.080    Appeal of impound and boarding fees. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]
9.30.090    Removal of impounded animal without payment of fees. [repealed by Pullman City Ordinance 00-25, Section 13, signed 11/15/00]

9.30.100   Severability.  The provisions of this Chapter are hereby declared to be severable.  If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of the Chapter shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid.  (Ord. 87-7 §10, 1987).


Related Links

Link to text of City Code Title 17, Zoning Code of the City of Pullman, Exceptions and Special Provisions: Topics: Maximum number of pets allowed in a residence, dog runs and pens, bee keeping, swine.

To view ALL City Code Titles available online (Titles 1 through 17 and Title 20), click here, then click on "City Code" in the left-most menu

City of Pullman Animal Services Regulations and shelter map


 

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