A. Control
of Domestic Animal Waste.
1. It
is unlawful for the owner to fail to immediately remove and dispose
of any fecal matter deposited by a domestic animal on any common public
or posted private thoroughfare, sidewalk, passageway, bypath, play
area, park or any place where people congregate or walk, or upon any
improved or posted private property, without the permission of the
owner or tenant of the private property. For the purpose of this section,
the feces shall be immediately removed by placing it in a closed or
sealed container and thereafter putting that container in a trash
receptacle, sanitary disposal unit or other closed or sealed container.
The matter shall not be disposed of in a private trash container without
the permission of the container's owner.
2. It
is unlawful for any person who maintains any premises upon which an
animal is kept to allow feces, uneaten food, waste, litter, bedding,
or other matter associated with the animal that emits an offensive
odor, or encourages the breeding of flies or other insects or vermin,
to accumulate. This provision shall not prohibit the owner or occupant
of any premises from storing food in a suitable closed container until
it is consumed or putting such feces, uneaten food, or other matter
in a closed container prior to disposal.
B. General
Control of Domestic Animals. It is unlawful, and the owner shall be
responsible for any public nuisance created by a domestic animal.
A domestic animal shall be deemed to have created a public nuisance
if such animal performs any of the following acts:
1. Attacking,
biting or scratching any person without provocation;
2. Interfering
with the reasonable and comfortable use of public or private property,
or chasing vehicles, bicycles or passersby;
3. Damaging
public or private property other than that of the owner of the animal;
4. Scattering
domestic waste or refuse;
5. Entering
upon the private property of another without permission of the property's
owner or other lawful occupant;
6. Being
within such areas as the city council may from time to time fix and
designate by resolution and post with signs declaring that dogs or
other domestic animals are prohibited;
7. Being
upon any public school grounds without permission of the school authorities;
8. Being
in tot lots or play equipment areas of any city park;
9. For
any equine to be ridden, led or driven on any sidewalk or pedestrian
path or for any dangerous, unbroken/untrained or partially broken/trained
equine to be ridden, led or driven upon any public street or bridle
path;
10. Habitually making any persistent sound, bark, howl, wail, bay, yelp,
cry, or other noise with such frequency or in such a manner as to
disturb the peace and quiet of one or more persons residing within
a radius of three hundred yards of the boundaries of the premises
where the domestic animal is located.
C. Dogs—Use
by Police Department and Emergency Responders.
1. Any
dog, and the handler of any dog, used by the police department or
other emergency responders in the performance of official police duties
shall have the right to enter or be present in or at any place where
a police officer has a right to enter or be present in the performance
of official police duties, including both law enforcement and search
or rescue work.
2. It
is unlawful for any person to willfully interfere with any dog which
is used or being used by the police department or any officer or member
thereof, or any emergency responder, in the performance of any of
the functions or duties of the police department or of such officer
or member or emergency responder.
D. Destruction
of Wild or Diseased and Dangerous Animals. Any animal which has attacked
and injured any person or is running at large and is, by reason of
vicious disposition or disease, a danger to public safety, may be
taken up by the pound master or any peace officer and, if necessary
for protection of human life, destroyed in a humane manner.
E. Poisoning
Animals. It is unlawful to place, leave or expose any poisonous substance
in any place accessible to any domestic animal with the intent to
kill or harm such animals.
F. Retention
of Dog by Other Than Owner. No person shall, without the knowledge
or consent of the owner, keep any domestic animal of which he or she
is not the owner, for more than twenty-four hours without notifying
the animal control officer, giving his or her name and address and
a true description of the animal. At the discretion of the animal
control officer, such finder of a domestic animal may be allowed to
retain possession of it in lieu of impoundment.
G. Abandonment
of Animals. No person shall abandon any domestic animal on the property
of another, or leave any domestic animal unattended in a vehicle overnight,
or locked in a vehicle for any period of time without adequate ventilation
and water to prevent injury to the animal.
H. Dogs—Leash
Required.
1. No person owning or having charge, care, or custody of any dog shall cause, permit or allow the same to be upon any highway, street, lane, alley, court or other public place, or upon any private property or premises other than those of the person owning or having charge, care, or custody of such dog, within the city limits, unless such dog be restrained by a substantial chain or leash and under the general control of the person having charge, care, or custody of the dog. A dog shall not be deemed under the general control of the person having charge, care, or custody of the dog if the dog commits any of the acts described in subsection
B of this section.
2. The
leash requirement does not apply to dogs while inside the city's dog
park.
(Ord. 691 § 4, 2002; Ord. 805 § 2, 2019)
Violation of any of the provisions of Section
6.08.010 shall be an infraction. Any person convicted of violation of Section
6.08.010 shall be punished by a fine only, as follows: upon a first conviction, by a fine of not less than fifty dollars nor more than one hundred dollars, and for any subsequent conviction within a period of one year, by a fine of not more than three hundred dollars.
(Ord. 691 § 4, 2002; Ord. 805 § 2, 2019)
The following subsections or portions thereof do not apply to
service animals as defined by the Americans with Disabilities Act
of 1990 (42 USC Section 12101, et seq.), as amended from time to time:
A. Section
6.08.010(A)(1) if the person is not able to clean up after the animal due to the person's disability;
C. Section
6.08.010(H) if having the service animal on a leash would interfere with the animal's performance of its work as a service animal.
(Ord. 691 § 4, 2002; Ord. 805 § 2, 2019)
Section
6.08.010 shall not apply to equines participating in properly permitted parades.
(Ord. 684 § 4, 2000)