This chapter is enacted for the purpose of regulating the keeping of dogs, cats and other pet animals within the city.
(Ord. 753 § 2, 2002; Ord. 1003 § 1 (Exh. A), 2015; Ord. 1131, 1/28/2025)
A.
Public Services Director.
1.
Appoint animal control officers.
2.
Provide for impounding of pet animals in circumstances found to be in violation of this chapter.
3.
Provide or arrange for shelter services and authorize the redemption, sale, placement and humane destruction of pet animals so impounded.
4.
Issue written determinations relating to dangerous or potentially dangerous pet animals and other nuisance violations of this chapter.
5.
Adopt policies and procedures necessary to implement this chapter.
(Ord. 753 § 2, 2002; Ord. 1003 § 1 (Exh. A), 2015; Ord. 1131, 1/28/2025)
A. "Adult pet animal"
means a pet animal of either sex, altered or unaltered, which has reached the age of six months or which has produced offspring or which is pregnant.
B. "Guard dog" or "attack dog"
means any member of the dog family which has been trained for or is used for the purpose of protecting persons or property by exhibiting hostile or aggressive behavior or propensities or which will attack on signal or command.
C. "Harbors, keeps, possesses, or maintains a pet animal"
means providing care, shelter, protection, refuge, food, or nourishment in such manner as to influence the behavior of the animal, or treating the animal as living at one's property.
D. "Impound"
means to take control and possession by authorized officials of any animal found in circumstances constituting a violation of this title, and pursuant to the terms thereof.
E. "Impound facility"
means a place provided and operated or arranged for under the authority of the animal services department for the impoundment, care, placement and humane destruction of dogs, cats and other pet animals at large.
F. "Restrained"
means secured by a leash and under physical control of a person with the strength and judgment to handle the animal, or tethered to a stationary object which keeps the animal confined to the pet owner's property.
G. "Severe injury"
means any physical injury that results in broken bones or lacerations requiring sutures or cosmetic surgery.
H. "Sterilized"
means the animal is surgically rendered incapable of reproduction by means of castration or an ovariohysterectomy.
I. "Stray animal"
means any pet animal found within the city without an apparent owner, custodian or home.
(Ord. 753 § 2, 2002; Ord. 995 § 11, 2015; Ord. 1003 § 1 (Exh. A), 2015; Ord. 1131, 1/28/2025)
A.
Except for licensed veterinarians and kennels, it is unlawful for any person to own, keep or have control of any dog in the city older than six months of age unless a license has been procured for such animal. Licenses are valid for the calendar year for which they are issued, expiring on December 31st of the licensing year. Failure to license a pet is a civil infraction. Licenses are voluntary for cats and other pet animals for identification purposes.
B.
The issuing authority or agent shall issue licenses and appropriate identification tags for each animal licensed upon receipt of dog registration application. The owner or custodian shall ensure that the identification tag is worn by the animal at all times.
1.
Supplemental Identification. Upon payment of the appropriate license fee, the owner shall be issued an identification tag, which must be worn by the animal at all times.
2.
Lack of Authorized and Current Tag. A dog without an authorized and current license tag may be impounded, except as otherwise set forth in this chapter.
C.
License fees shall be established by resolution of the city council. In establishing the license fee, the council may consider the number of animals needed to be licensed by one owner, the age of the owner, and whether the animal is spayed or neutered and any other applicable criteria.
D.
Except as otherwise provided below, all licenses granted under this chapter shall be valid for the current calendar year, expiring on December 31st. A yearly notice will be sent out to all registered pet owners reminding them of their renewal date.
E.
Animals whose owners are 65 years of age or older may be granted a license good for the life of their pet upon payment of a one-time license fee as established by resolution of the city council.
F.
Licenses shall not be transferable from one pet animal to another.
G.
The following animals are required to be licensed, but are exempt from licensing fees:
1.
A professionally trained and certified guide dog owned or in the custody of a blind or partially blind person;
2.
A signal dog owned by or in the custody of a deaf person or a person whose hearing is impaired. A "signal dog" shall mean any dog trained to alert a deaf person, or a person whose hearing is impaired, to intruders or sounds;
3.
A service dog owned by or in the custody of a physically disabled person. A "service dog" shall mean any dog individually trained to the physically disabled participant's requirements including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items;
4.
Police dogs trained and actively assisting in law enforcement operations;
5.
Dogs in training programs sponsored by licensed and approved agencies identified with providing trained animals to disabled individuals or law enforcement agencies.
(Ord. 753 § 2, 2002; Ord. 995 § 11, 2015; Ord. 1003 § 1 (Exh. A), 2015; Ord. 1131, 1/28/2025)
A.
No pet animal shall be off the premises and outside any vehicle of the owner or custodian of the pet animal and not under control of a person by means of a leash; provided, however, this section shall not prohibit the owner and pet animal from participating in an organized show or training, exercise or hunting session in locations designated and authorized for that purpose.
B.
No pet animal shall be allowed to:
1.
Damage or destroy landscaping or property of another person, including destruction of wildlife that has been purposefully attracted to the person's property; or
2.
Soil or defecate on public or private property other than the owner's, unless such waste is immediately removed and properly disposed of by the owner of the pet animal; or
3.
Cause unsanitary, dangerous, or offensive conditions; or
4.
Is a female dog or cat in estrus not confined within a structure to prevent access of male dogs or cats except for planned breeding; or
5.
Chase people or vehicles, or molest or interfere with persons or other animals on public or private property other than the owner's property; or
6.
Habitually or continually disturb the peace and quiet of any individual or neighborhood by unprovoked barking, whining, howling or making any other noise; or
7.
Trespass on private property and the property owner or tenant supplies a written complaint to animal services and, in the case of a cat, physically contains the cat.
C.
No pet animal shall be allowed on public property such as a public park, sidewalks, streets or school grounds unless on a leash held by a person who is able to maintain physical control, or unless proper safeguards have not been taken to protect the public and property from injury or damage from said animal.
No pet animal shall be allowed on public property in violation of additional specific restrictions which have been posted. Such restrictions shall not apply to guide dogs for the visually impaired or service animals for the physically handicapped, or public property specifically designated by the city of Yelm as not requiring a leash.
D.
No dog that has been declared dangerous by the public services director because the dog has committed severe injury by aggressively biting, attacking or endangering the safety of humans or other pet animals shall be kept, secured, or confined.
E.
No person shall allow the accumulation of cat or dog feces in any open area, run, cage or yard wherein dogs and/or cats are kept and to fail to remove or dispose of feces at least once every 24 hours.
F.
No person shall fail to remove animal fecal matter when accompanying an animal off the owner's property; or from another's property; or from public property. Such person shall possess and use the equipment or material necessary to remove animal fecal matter. Owners of duly licensed guide dogs shall be exempted from this subsection.
G.
No person shall trap a pet animal in any manner that subjects the animal to injury inherent in the mechanism of the trap. A humane box trap may be set on a complainant's property for the purpose of trapping nuisance pet animals. Animals, which are caught in such a trap, must be returned to their owners or taken to animal services.
H.
No person other than the owner or an officer acting in an official capacity to enforce this chapter shall release a pet animal from any enclosed area within which the animal is properly restrained or from any restraining device such as a leash by which the animal is properly restrained.
I.
No person shall own a vicious animal with knowledge that the animal is vicious, or with reckless disregard of the fact that the animal is vicious; provided, however, that this prohibition shall not apply to guard dogs that are to protect innocent third parties, controllable by their owners/handlers, and adequately confined.
J.
No person shall:
1.
Sell any animal known to be sick or injured unless the buyer is given, at the time of sale, written notice of the condition of the animal;
2.
Sell any animal known to be a vicious or destructive animal;
3.
Sell any dangerous animal except to zoos or other facilities possessing or maintaining dangerous animals which are owned by any city, county, state or federal agency or school, college, university or similar educational facility.
K.
The owner or custodian of any animal shall not:
1.
Fail to display conspicuously any current and valid license identification tag on the licensed animal, except as otherwise provided in this chapter;
2.
Fail to show any animal's license upon request of any animal control officer or any police officer therefor;
3.
Use or permit another person to use a license or license identification not issued to such person for his animal;
4.
Remove a valid license identification from any cat or dog without owner's consent, and that of the issuing authority;
5.
Alter a license in any manner;
6.
Make a false or misleading statement or representation regarding the ownership or right to custody or control of an animal redeemed from, surrendered to, or detained by the director;
7.
Remove any detained animal from the city animal shelter or a department vehicle without the written consent of the animal control officer or other representative of the issuing authority; or
8.
Affix any animal identification tag to any animal for which such tag and license were not issued.
(Ord. 753 § 2, 2002; Ord. 995 § 11, 2015; Ord. 1003 § 1 (Exh. A), 2015; Ord. 1131, 1/28/2025)
B.
The owner may redeem any pet animal impounded under this chapter within a 48-hour holding period, excluding Saturdays, Sundays and holidays, from the time of impoundment by paying a service charge pursuant to a posted schedule of fees duly adopted by resolution of the Yelm city council, and, if the pet animal is not licensed, shall also pay the appropriate fee for a license. Service charges are in addition to any fine, penalty, or medical fee incurred.
C.
If the owner of the pet animal can be identified and fails to redeem the pet or sign a release of ownership of the pet animal within the 48-hour holding period, the pet animal will be considered released to animal services. However, the owner will remain responsible for payment of the impound, medical and service fees.
D.
If the pet animal is not redeemed by the owner within 48 hours of impoundment, it will be made available for adoption during the next 48 hours, excluding Saturdays, Sundays and holidays, unless, in the opinion of the animal services director or director's designee, the animal is unsuitable for adoption, in which case it may be humanely destroyed.
E.
All seriously sick or injured pet animals, licensed or not, may be impounded when not in the owner's possession and may be given emergency medical treatment or euthanized. Costs for any medical treatment provided in this manner will be the responsibility of the owner of the pet animal, if known, or, if unknown, of animal services. The animal services director or designee shall immediately notify the owner, if the owner is known, and if the owner is unknown, make all reasonable efforts to locate and notify the owner.
F.
Officers are empowered to impound any pet animal found abandoned within any building, establishment, or property, whether public or private. Upon such impoundment, animal services shall treat such pet animal in the same manner as other impoundments provided for in this chapter. Litters of puppies and kittens under three months of age brought to or left at the animal shelter may be made available for adoption, placed in foster care or euthanized immediately at the discretion of the director or the director's designee.
G.
If any pet animal is not redeemed or adopted at the end of the 96-hour holding period from the time it entered the shelter, it may be euthanized.
H.
Upon any pet animal being impounded, animal services shall, as soon as feasible, notify the owner, if the owner is known, of the impoundment of the pet animal, and the terms required for the pet animal's return to the owner. Notification may be by telephone, or by other means appropriate for the circumstances, and shall include a description of the pet animal, the reason for impoundment, the general location where the animal was found, and the date when the impounding occurred, and shall advise the owner that the pet animal may be placed for adoption or euthanized by animal services unless redeemed within the time limits provided in this section.
I.
Dogs impounded by the city of Yelm may be implanted with an identifying microchip prior to release. Associated fees for the implant shall be paid upon adoption or release of the impounded animal to its owner. Fees for this service shall be set by resolution of the Yelm city council.
J.
Voluntary Release.
1.
Any owner desiring to relinquish his or her ownership of a pet animal to be made available for sale by the animal shelter may notify the animal control officer and, upon signing a consent and release of liability form, the pet animal may be made available for adoption immediately, or retained at the shelter, on a space-available basis, for up to the 96-hour holding period provided for impounded pet animals. The owner will be responsible for all shelter fees and euthanasia, if necessary.
2.
Any owner desiring to have a pet animal euthanized may notify animal services. If the pet animal is adoptable in the opinion of animal services, the owner shall be counseled and urged that the pet animal first be made available for adoption. Only upon the written request of the owner and upon the owner signing a consent and release of liability form, will animal services accept the animal, where it will then be transported to Thurston County. The owner shall pay any expense thereof.
3.
At animal services' discretion, if a pet animal is brought to the shelter by a person other than its owner and if the owner is unknown and not reasonably discovered after trying, it may be accepted and be held for the same holding period as an impounded stray pet animal.
K.
Any dangerous or potentially dangerous dog that is in violation of the restrictions contained in this chapter or of restrictions imposed as part of declaration of dangerous or potentially dangerous dog may be seized and impounded at the expense of the dog owner.
(Ord. 753 § 2, 2002; Ord. 1003 § 1 (Exh. A), 2015; Ord. 1131, 1/28/2025)
B.
The public services director shall issue notices of violation and correction for the violation of any nuisance-related provision of YMC § 6.08.050, unless the violation creates a potentially dangerous situation.
C.
The police chief shall cause to issue citations for the violation of any nuisance-related provision of YMC § 6.08.050 if the public services director has issued three notices of violation and correction in any six-month period.
(Ord. 1003 § 1 (Exh. A), 2015; Ord. 1131, 1/28/2025)
A.
The public services director or designee shall have authority to classify potentially dangerous dogs and dangerous dogs. The public services director may find and declare an animal potentially dangerous or dangerous if there is cause to believe that the animal's action falls within the descriptions that follow. The finding must be based upon the written complaint of a person who has pertinent information and who is willing to testify that the dog has acted in a manner which may cause it to be classified as a dangerous dog or a potentially dangerous dog; and one of the following:
B.
A dog shall be declared potentially dangerous if, unprovoked, it:
1.
Inflicts bites on a person or a pet or domestic animal either on public or private property; or
2.
Chases or approaches a person upon the streets, sidewalk or any public grounds in a menacing fashion or apparent attitude of attack; or
3.
Has a known propensity to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or pets or domestic animals.
C.
A dog shall be declared dangerous when, according to the records of animal services, the dog has:
1.
Inflicted severe injury on a person without provocation on public or private property; or
2.
Killed a pet or domestic animal without provocation while off the owner's or keeper's property; or
3.
Aggressively bitten, attacked or endangered the safety of humans or pets or domestic animals after previously having been found to be potentially dangerous, and the owner or keeper has received written warning.
D.
A dog shall not be declared potentially dangerous or dangerous if:
1.
The threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the property occupied by the owner or keeper of the dog; or
2.
The person was tormenting, abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused or assaulted the dog; or
3.
The person was committing or attempting to commit a crime; or
4.
Another pet animal or domestic animal has entered the property of the owner of the dog without invitation; or
5.
The dog, when on a leash, is responding to attack by another pet or domestic animal whether on or off the owner's property.
E.
Declaration as Potentially Dangerous Dog.
1.
The declaration of potentially dangerous shall be in writing and shall be served on the owner or keeper in one of the following methods:
2.
The declaration shall state at least:
a.
The description of the dog;
b.
The name and address of the owner or keeper of the dog;
c.
The whereabouts of the dog if it is not in the custody of the owner or keeper;
d.
The facts upon which the declaration of potentially dangerous is based and how to avoid the animal being deemed dangerous;
e.
The restrictions placed on the dog as a result of the declaration of potentially dangerous;
f.
Penalties for violation of the restriction, including the possibility of destruction of the dog, and imprisonment or fining of the owner or keeper.
F.
Control and confinement of potentially dangerous dogs includes:
1.
Potentially dangerous dogs must be securely leashed and under the control of a person physically able to control the animal when away from the property of the owner or keeper; or
2.
While on the property of the owner or keeper must be securely restrained by means of a physical device or structure such as a tether, trolley system or other physical control device or any structure made of materials strong enough to adequately and humanely confine the dog in a manner which prevents it from escaping the property.
G.
Certificate of Registration as Dangerous Dog. The animal services director shall issue a certificate of registration to the owner or keeper of a dangerous dog if the owner or keeper fails to comply with the above regulations as set forth by subsections E and F of this section related to a potentially dangerous dog or if the dog exhibits behavior in subsection C of this section. This certificate shall state the conditions under which the dangerous dog may be kept to include:
1.
Dangerous dogs must be securely muzzled and leashed and under the control of a person physically able to control the dog if the dog is away from the property of the owner or keeper; and
2.
While on the property of the owner or keeper, the dog must be securely confined inside a locked building, kennel, pen, or other structure having secure sides, bottom, and top, suitable to prevent the entry of young children and designed to prevent the animal from escaping; and
3.
A proper enclosure to confine the dog, which meets the requirements of subsection F of this section and the posting of the property with a clearly visible warning sign that there is a dangerous dog on the property; and
4.
A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW, in a form acceptable to the animal services director in the sum of at least $50,000, payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurer qualified under RCW Title 48 in the amount of at least $50,000, insuring the owner or keeper for any injuries inflicted by the dangerous dog; and
5.
Such other identifying information as may be required by the animal services director; and
6.
Certification that the owner or keeper is aware of and understands the nature of the dog and the provisions of the law which apply to it; and
7.
Payment of an annual registration fee for a dangerous dog in the sum set forth by resolution of the Yelm city council, which shall be in addition to the annual license fee.
H.
Other Dangerous Pet Animals. The animal services director or designee shall have authority to classify other pet animals as dangerous under the same criteria as used in this section for dogs. Such designation will be based on specific actions by the animal such as those noted in subsections B and C of this section and the animal services director or designee shall have authority to require the owner or keeper of such pet animal to take certain actions to control or confine the pet animal. Once a pet animal has been declared potentially dangerous or dangerous, any violations of the provisions of this section will be handled in the same manner as violations under YMC § 6.08.050.
I.
Under special circumstances and subject to the restrictions of Chapter 16.08 RCW, the owner or keeper may be allowed to permanently remove the dog from the city; provided, that adequate security or assurance against its return is given, and the court is convinced that the dog will be kept in such a manner that it is no longer a danger to persons, property or other animals.
(Ord. 753 § 2, 2002; Ord. 1003 § 1 (Exh. A), 2015; Ord. 1131, 1/28/2025)
A.
No person shall display, sell, deliver, offer for sale, barter, auction, give away, dispose, or advertise the availability of an animal upon any public property or upon private property open to the public within the city limits of Yelm.
B.
No person shall allow the display, sale, delivery, offering for sale, barter, auction, disposal, or advertisement of the availability of an animal upon private property open to the public under their control within the city limits of Yelm.
C.
For purposes of this section, "public property" shall include, but not be limited to, any city-owned real property, air space, or other interest in real estate, including streets, roads, alleys, or other public rights-of-way, owned by or controlled by the City of Yelm. For purposes of this section, "private property open to the public" shall include, but not be limited to, any parking lot, sidewalk, and empty lot within the city limits of Yelm.
D.
This section shall not apply to the sale of an animal that occurs:
1.
On private property not open to the public;
2.
At legally permitted pet shops and kennels; or
3.
At or through any humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
E.
Failure to comply with any provisions of this chapter shall subject the violator to the following penalties
First Offense | Warning |
Second Offense | $500 |
Each Subsequent Offense | $1,000 |
(Ord. 1131, 1/28/2025)