Human experience benefits in many ways by the companionship and service of dogs. In order to obtain such benefits, dogs must be kept responsibly by people. When people fail to keep dogs responsibly, the community may be subjected to nuisances and health problems. The purpose of the dog control ordinance codified in this chapter is to strike a balance between the rights and responsibilities of dog owners and the community at large so that the community can both enjoy the benefits of responsible dog ownership and avoid problems which arise when dogs are not properly cared for.
(Ord. 3-1991 § 1 (part), 1991; Ord. 2-2006 (part), 2006; Ord. 2-2021, 2021)
The following words and phrases used or referred to in this chapter shall have the following meanings unless a different meaning appears from the context:
(1) 
"Adult dog"
means any dog having a set of permanent canine teeth, or older than six months of age.
(2) 
"Aggressive behavior"
means any physical contact between a dog and a person, where a reasonable person feels threatened, that includes, but is not limited to, any of the following: snarling, baring teeth, chasing, growling, snapping, pouncing, or lunging, but not to include a bite or bites.
(3) 
"Animal"
means any dog; cat; exotic, wild or dangerous animal or livestock.
(4) 
"At large"
means, with regard to dogs, being physically present on public property and not under the actual control of a person, or being physically present on private premises without permission of the person in control of such premises. Exceptions: "At large" does not include:
(a) 
Dogs exhibited in dog shows, field trials, obedience training or trials, or the training of dogs therefor; or
(b) 
The use of a dog under the supervision of a person either to hunt wild animals or game birds during the open seasons therefor, or to chase or tree predatory animals; or
(c) 
The use of a dog either to control or protect livestock or property or in other related agricultural activities under the supervision of the dog owner.
(5) 
"Bite"
means to seize with teeth or jaws so as to enter, grip, wound or pierce, which causes a breaking of the skin, causing an exchange or transfer of saliva.
(6) 
"Board"
means the board of Yakima County commissioners.
(7) 
"Humane Society"
means Yakima Humane Society.
(8) 
"Capable person"
means any individual having attributes, including physical and mental abilities, sufficient to control an animal and being at least eighteen years of age.
(9) 
"Conviction"
means either an adjudication of guilt for a misdemeanor or gross misdemeanor pursuant to this chapter including a verdict of guilty, a finding of guilty, an acceptance of a plea of guilty or a forfeiture of bail, or any committed finding after adjudication for an infraction pursuant to this chapter.
(10) 
"County"
means the unincorporated area of Yakima County, Washington.
(11) 
"Dangerous dog"
means any dog that, according to the records of an appropriate authority, including but not limited to the records of the county dog control department, the county sheriff's office, or the records of any other municipal, state or federal law enforcement or public safety department:
(a) 
Without provocation has bitten or otherwise inflicted serious physical injury on a human being on public or private property;
(b) 
Has killed livestock or a domestic animal without provocation while off the dog owner's property; or
(c) 
Has displayed aggressive behavior, attacked, or endangered the safety of humans or domestic animals after such dog has been determined by an appropriate authority, including but not limited to any deputy of the Yakima County Sheriff's Office, to be potentially dangerous, and the owner of such dog has been notified, either orally or in writing, that the dog has been determined to be potentially dangerous.
(12) 
Kennel Definitions.
(a) 
"Kennel"
means buildings, animal runs, enclosures, and/or any other facilities used for the keeping or housing of dogs sufficient to secure the dogs on the premises.
(b) 
"Commercial kennel"
means the business of boarding, breeding, letting for hire, selling, bartering, or giving away dogs; provided, selling of three or fewer litters of offspring per year by a hobby kennel shall not be construed as commercial.
(c) 
"Foster shelter kennel"
means a kennel where six or more adult dogs are kept and temporary housing and care of owner-released dogs is provided for the purpose of placing them in permanent homes.
(d) 
"Hobby kennel"
means a kennel where ten or less adult dogs are kept for hunting, breeding, exhibition, organized events, field working, working of livestock or obedience trials.
(13) 
"Litter"
means two or more viable offspring.
(14) 
"Livestock"
means cattle, sheep, horses, llamas, buffalo, deer, elk, rabbits, mules, donkeys, goats, swine, fowl, poultry and any fur-bearing animal bred and maintained commercially or otherwise within pens, fences, cages or hutches.
(15) 
"Microchip"
means a device implanted for identification purposes.
(16) 
"Nuisance"
means any unlawful act, or failure to perform a duty, which act or failure either annoys, injures or endangers the comfort, repose, health or safety of other persons, or interferes with other persons' use of property.
(17) 
"Owner"
means any person or legal entity who knowingly harbors, keeps, possesses or maintains an animal, or who encourages an animal to remain about their property for a period of seventy-two hours or more, or who is the person named on the license/registration record of any animal as the owner. The parent or guardian of an owner under eighteen years of age shall be deemed the owner for the purposes of this chapter.
(18) 
"Permit"
means and includes human conduct that is intentional, deliberate, careless, inadvertent or negligent in relation to any animal owned by the person.
(19) 
"Person"
means any individual, natural person, association, firm, partnership, corporation or other legal entity.
(20) 
"Physical injury"
means impairment of physical condition or substantial pain which is directly caused by a dog's behavior, and includes scratches, scrapes, cuts, punctures or other evidence of physical injury, but not to include a bite or bites.
(21) 
"Potentially dangerous dog"
means:
(a) 
Any dog that without provocation:
(i) 
Bites or otherwise injures a human person or a domestic animal on either public or private property; or
(ii) 
Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of aggression or attack; or
(b) 
Any dog which reasonably should be known by its owner to be disposed:
(i) 
To attack or chase or approach persons in a menacing fashion or apparent attitude of aggression or attack without provocation; or
(ii) 
To cause injury, or otherwise to threaten the safety of humans or domestic animals.
(22) 
"Premises"
means the area of land to which a person has legal or equitable rights of possession, use and control.
(23) 
"Quarantine area"
means any area defined by, but not limited to, a veterinarian, physician, public health official or animal control officer where, for a specified period of time, a dog is to be kept separated from other animals or people.
(24) 
"Secure enclosure"
means secure confinement of a dangerous dog or a potentially dangerous dog on its owner's premises, either 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. Such pen or structure shall have secure sides, a secure top and a secure bottom, and shall also provide protection from the elements for the dog.
(25) 
"Serious physical injury"
means any physical injury which creates a substantial risk of death or causes permanent loss or protracted impairment of any bodily organ or function, or substantial disfigurement.
(26) 
"Severe injury"
means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(27) 
"Tag"
means a prenumbered metal or plastic identification license sold to an owner/custodian for a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a license tag.
(28) 
"Tattoo"
means a predesignated identification number inked into the inside of the ear, lip or flank of the dog.
(Ord. 3-1991 § 1 (part), 1991; Ord. 8-2000 § 1, 2000; Ord. 2-2006 (part), 2006; Ord. 2-2021, 2021)
Pursuant to RCW Chapter 16.10, the unincorporated territory of Yakima County is hereby declared to be a dog control zone subject to the regulations of this chapter.
(Ord. 3-1991 § 1 (part), 1991; Ord. 2-2006 (part), 2006; Ord. 2-2021, 2021)
(1) 
A dog control department is hereby created.
(2) 
The powers and duties of the Animal Control Officer(s) shall be:
(a) 
To enforce the provisions of this chapter, the Yakima County Code and the laws of the State of Washington relating to dogs, and to discharge the duties provided therein.
(b) 
To maintain or contract for the maintenance of an animal shelter or other place where all animals subject to impoundment may be safely kept and provided with proper and sufficient food and water, or may be disposed of when authorized by this chapter.
(Ord. 3-1991 § 1 (part), 1991; Ord. 2-2006 (part), 2006; Ord. 2-2021, 2021)
It is unlawful for any person to violate any provision of this chapter. Any person violating any of the provisions of this chapter shall be guilty of a civil infraction, except that any person who violates Section 8.36.160(2), 8.36.160(3), 8.36.170(1)(a), 8.36.170(1)(b), 8.36.273(3), 8.36.273(4), 8.36.275(1), 8.36.275(2), or 8.36.277 shall be guilty of a misdemeanor; and any person who violates Section 8.36.160(4), 8.36.160(5), 8.36.160(6)(a), 8.36.160(6)(b), 8.36.170(1)(c) or 8.36.170(1)(d) shall be guilty of a gross misdemeanor. Upon conviction of any misdemeanor violation of this chapter, such person shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment. Upon conviction of any gross misdemeanor violation of this chapter, such person shall be punished by a fine of not more than five thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. Unless otherwise specified in this chapter, any person found guilty of a civil infraction of this chapter shall be fined one hundred twenty-five dollars for each violation. Any violation of this chapter may result in the dog being impounded, and/or destroyed by order of the court.
(Ord. 3-1991 § 1 (part), 1991; Ord. 2-2006 (part), 2006; Ord. 2-2021, 2021)
Violations of this chapter are deemed public nuisances. Any person violating any provision of this chapter may be enjoined from continued violations or ordered to abate such public nuisance, whether such injunction be in addition to the civil penalties provided as a part of the disposition in the civil prosecution or in an independent action in equity, and shall be liable for all costs and expenses of abating the same.
(Ord. 3-1991 § 1 (part), 1991; Ord. 2-2006 (part), 2006; Ord. 2-2021, 2021)
The Sheriff's Office shall not be required to enforce provisions of this chapter except by a written or verbal complaint of a person who has satisfactorily identified himself and has either supplied the name and address of the dog owner or has supplied the fact that the dog does not have an owner. Enforcement thereafter is a matter within the discretion of the Sheriff's Office.
(Ord. 3-1991 § 1 (part), 1991; Ord. 2-2006 (part), 2006; Ord. 2-2021, 2021)
Should any section or provision of the ordinance codified in this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 3-1991 § 1 (part), 1991; Ord. 2-2006 (part), 2006; Ord. 2-2021, 2021)