An order for the purpose of regulating the keeping of animals within the town of Concrete. The fees, charges, and penalties collected hereunder shall be budgeted to defray, in whole or part, the expense of such regulations.
(Ord. 249 § 1, 1980; Ord. 728, 2015)
As used in all articles, unless the context otherwise indicates, the following words and terms shall mean:
(1) 
“Animal”
means both the male and female dog, natural or sterilized.
(2) 
“Dog”
means male and female, natural or sterilized.
(3) 
“Vicious animal”
means any animals either male or female whose temperament or habits create a danger of injury to persons or other animals or create a reasonable apprehension of injury to persons or other animals.
(4) 
“Predatory animal”
means any dog of either sex whose actions or habits customarily defile, despoil, or damage property of others.
(5) 
“Dangerous dog”
means any dog that:
(a) 
Inflicts severe injury on a human without provocation on public or private property.
(b) 
Kills any domestic animal or livestock without provocation while off the owner's property.
(c) 
Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals, or bites domestic animals.
(d) 
Has been previously declared a dangerous dog in any other county, state or foreign country.
(6) 
“Potentially dangerous dog”
means:
(a) 
Any dog that when unprovoked:
(i) 
Bites a human on public or private property.
(ii) 
Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack.
(iii) 
Bites a domestic animal or livestock, excluding poultry, while off the owner's property.
(b) 
Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals or big game animals.
(c) 
Any dog that chases or approaches a person upon private property other than the owner's in a menacing fashion or apparent attitude of attack.
(d) 
Any dog that has been previously declared a potentially dangerous dog in any other county, state or foreign country.
(7) 
“Domestic animal”
means a dog or cat kept as a pet.
(8) 
“Severe injury”
means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(9) 
“Owner” or “keeper”
means any person, association or corporation owning, keeping or harboring an animal.
(10) 
“Dog at large”
means any animal not confined to the premises of its owner unless restrained by a leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a person over 12 years of age, or which enters upon public property or rights-of-way or upon land of another person without authorization of that person. A dog within an automobile or other vehicle of its owner shall be deemed to be upon the owner's property.
(11) 
“Barking dog”
means any dog which by frequent or habitual howling, yelping, or barking annoys or disturbs other persons in the vicinity.
(12) 
“Leash”
means a cord, thong or chain by which an animal is controlled by the person accompanying it.
(13) 
Harboring.
The occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for a period of 10 days is presumed to be harboring or keeping the animal within the meaning of these articles.
(14) 
“Officer,” “official,” “code enforcement officer,” “Skagit County sheriff” or “animal control authority”
means any person designated by the mayor of the town to issue licenses, pick up, restrain, impound, sell, dispose, give notice, enforce this chapter or to do any other acts, duties or functions prescribed by these articles and the laws of the state of Washington, relating to the shelter and welfare and regulations of the animals regulated by this chapter.
(15) 
“License,”
except as referred to in CMC § 6.04.030, means the dog license issued by the town under these articles.
(16) 
“Kennel”
means any place, other than a veterinary hospital, where three or more dogs are kept, or where one or more female dogs are kept for breeding, and the offspring thereof are sold for profit or given away, or where such animals are received for care and boarding.
(17) 
“Public emergency”
means any situation which in the opinion of the mayor or his designee warrants the restraint and confinement of animals within the premises of the owner or keeper.
(18) 
“Pound”
means a place operated and owned by the town for the restraint and care of animals.
(19) 
“Spayed female”
means a female dog which has been sterilized by a licensed veterinarian to avoid or prevent conception. Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian.
(20) 
Restraint.
An animal shall be deemed to be under restraint if it is confined within the property limits of the owner or keeper by suitable fence or enclosure or securely restrained within the premises by a leash affixed to a post or other securely fixed object.
(21) 
“Service animal”
means a dog that is individually trained to do work or perform tasks for people with disabilities.
(22) 
“Livestock”
means cattle, horses, poultry, and similar animals kept for domestic use but not as pets as on a farm or ranch under the provisions listed in CMC § 19.25.010(5).
(Ord. 249 § 2, 1980; Ord. 529, 2004; Ord. 557, 2005; Ord. 678, 2011; Ord. 728, 2015; Ord. 741, 2015; Ord. 914 § 1, 2026)
It is unlawful to keep or harbor a dog over three months of age within the town unless an animal license has been procured for the animal from the town.
(Ord. 249 § 2, 1980; Ord. 728, 2015)
Application for such license shall be made upon forms provided by the town. The application shall list the name, address and phone number of the owner; and the name, breed, color, and sex of the animal owned or harbored by him or her. Such information shall be kept conveniently indexed by the office of the clerk-treasurer together with the number of the license issued.
(Ord. 249 § 3, 1980; Ord. 678, 2011; Ord. 728, 2015)
Each license shall expire each year on the last day of December following the date of issuance thereof.
(Ord. 249 § 4, 1980; Ord. 668, 2010; Ord. 728, 2015)
The annual license fee for each dog shall be set by annual resolution of the town council. There shall be a late fee charged on license renewals not renewed by January 31st of each year, said fee to be set by annual resolution of the town council.
(Ord. 249 § 5, 1980; Ord. 515 § 1, 2003; Ord. 678, 2011; Ord. 728, 2015)
Each licensed dog shall be provided by the owner or keeper a suitable collar or harness which shall be worn by the animal at all times. To such collar or harness shall be affixed the tag provided by the town for the current year for which a license has been purchased. Such a license or tag shall be so affixed as to hang and be discernible to a person of normal vision at not less than 10 feet. The license tag shall be stamped with the numbers issued for that year for that particular animal. It is unlawful for any person other than the owner, his agent or a town official to remove the license tag from the dog.
(Ord. 249 § 6, 1980; Ord. 678, 2011; Ord. 728, 2015)
Any owner or keeper of a licensed animal whose current license tag has been lost may obtain a replacement tag, prior to the impounding of such animals, by payment of a fee set by annual resolution of the town council. Any animal licensed for the current year, which may be impounded while running at large without a tag, may be redeemed upon payment of the pickup, impounding fees as well as costs for feeding and care of such animal; such fees are set by annual resolution of the town council.
(Ord. 249 § 7, 1980; Ord. 515 § 1, 2003; Ord. 554, 2005; Ord. 728, 2015)
It is unlawful for the owner or keeper to permit an animal to run at large within the town at any time as provided by these articles. Any animal caught running at large within the town limits of the town of Concrete may be impounded and/or transported to the Skagit County Humane Society at the owner of said animal's expense. If impounded by the town all fees associated with the impoundment, feed, care and a current license (if applicable) must be paid in full prior to the release of the animal.
(Ord. 249 § 8, 1980; Ord. 678, 2011; Ord. 728, 2015)
It is unlawful for the owner or keeper of an animal to permit the animal to enter a church, market or other place where food is stored, prepared, served or sold to the public or any other public place or hall (except for animal shows or other exhibition purposes, veterinarian hospitals, kennels or places for which the licensing official has issued a permit under provisions of any ordinance of the town) except those animals licensed or determined to be service animals.
(Ord. 249 § 9, 1980; Ord. 728, 2015)
It is unlawful for the owner or keeper to harbor or permit a barking dog, whose barking is audible and bothersome to persons on adjacent property.
(Ord. 249 § 12, 1980; Ord. 728, 2015)
It is unlawful for the owners, keeper, custodian or person having charge of any dog to allow such dog to run at large within the town limits.
(Ord. 249 § 13, 1980; Ord. 728, 2015)
It shall be the duty of such town employees as shall be designated for that purpose by the mayor, or the employees of any authorized agency designated by the mayor with the approval of the town council, to take up and impound any animals found in the town in violation of any of the provisions of these articles.
(Ord. 249 § 14, 1980; Ord. 728, 2015)
The animal control authority, or his or her duly appointed agent, shall immediately upon impounding of any animal make a complete registry, entering the breed, color and sex of such animals and whether said animal is licensed, if known, and if licensed, he or she shall enter the name and address of the owner and number of the license tag if known.
(1) 
When any licensed animal shall be impounded, the animal control authority shall forthwith give notice by mail or by telephone if the owner be within the town limits to the owner of such licensed dog informing such owner of the impounding of his or her dog and the reason thereof.
(2) 
When any dog not bearing a collar or harness to which is attached a license shall be impounded, the animal control authority shall give notice within 24 hours of such impounding by posting notice giving the breed, color, sex, and other identifying characteristics of such impounded animal together with the date and place of apprehension thereof. Such notice shall be posted at Town Hall and at such other public place as shall be provided for such notices.
(Ord. 249 § 15, 1980; Ord. 678, 2011; Ord. 728, 2015)
For every animal taken in and impounded as provided for in this article, there shall be paid to the town, for the use of the town, by any person desiring to redeem such animal, the total of the following fees:
(1) 
A pickup fee and impounding fee set by annual resolution of the town council or such other sums that are designated from time to time by the town council.
(2) 
If no license has been issued for the current year, an annual license fee, or if the tag is lost, the replacement fee.
(3) 
Such costs for feeding and care of such animal as shall be set by annual resolution of the town council for the care of the impounded animals; provided, that the payment of fees provided in this section will be exclusive or in addition to any fines or penalties imposed upon the owner upon violation of any provisions of these articles.
(Ord. 249 § 16, 1980; Ord. 515 § 1, 2003; Ord. 555, 2005; Ord. 678, 2011; Ord. 728, 2015)
Any animal which has been impounded may be redeemed within 48 hours after being impounded by any person claiming to own or be acting for the owner of such animal and after such 48-hour period, by any person upon payment of the fees and costs as set forth in CMC § 6.04.170. If any such animal not be redeemed within 48 hours after being impounded, such animal shall be subject to being destroyed by order of the animal control authority; provided after such 48 hours, by order of the animal control authority (not including Saturdays, Sundays or holidays):
(1) 
Such animal may be kept and offered for sale at a price fixed by the animal control authority; or
(2) 
Released by the animal control authority to any person who shall pay the fees required by these articles or such portion thereof as the animal control authority may require; or
(3) 
The animal control authority may release such animal to any other organization for such other disposition as he may see fit; provided, that no animal shall be given or sold to any person or association for vivisection purposes.
(Ord. 249 § 17, 1980; Ord. 515 § 1, 2003; Ord. 678, 2011; Ord. 728, 2015)
The proceeds from the auction or sale of any impounded animals after the expiration of the period of redemption provided in CMC § 6.04.180 shall be applied first to the cost of apprehension, license and care of the animal at the rate set in CMC § 6.04.170 and the balance of the proceeds shall be deposited with the office of the clerk-treasurer to be deposited with the general funds of the town.
(Ord. 249 § 18, 1980; Ord. 678, 2011; Ord. 728, 2015)
When any animals shall be impounded pursuant to the provisions of these articles, the animal control authority may impose such conditions upon the release of such animal as may be necessary or desirable in order to avoid, forestall or prevent recurrence of the violation leading to the impounding of such animal and no animal shall be redeemed by the owner or other persons except in compliance with and subject to conditions which may include undertaking to keep such animal outside the town, undertaking to pay for damages done by such animal, undertaking to control such animal within specified limits, or any other conditions which may be appropriate and reasonable to avoid recurrence of the condition leading to such impounding.
(Ord. 249 § 23, 1980; Ord. 728, 2015)
Any dog chasing cars, motorcycles, bicycles or any other vehicles may be declared a nuisance upon written statement of two or more persons having observed such animal in action.
(Ord. 249 § 24, 1980; Ord. 728, 2015)
No person shall willfully injure, beat, abuse, or run down any animal with a vehicle. Any person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable, shall make a reasonable effort to locate and identify himself to the owner or to any person having custody of the dog and shall report the accident immediately to law enforcement or to the town.
(Ord. 249 § 25, 1980; Ord. 728, 2015)
It is unlawful for any person to keep or harbor an animal within the town without providing a suitable dry place for the housing thereof or to fail to provide a suitable amount of wholesome food and clean water for the nutrition and comfort thereof or to leave the premises upon which such animal is confined, or to which it customarily returns, for more than 24 hours without providing for the feeding and care of such animal in the absence of such person.
(Ord. 249 § 26, 1980; Ord. 728, 2015; amended during 4/15 supplement; Ord. 741, 2015)
The town of Concrete by its properly constituted officers shall arrest any animal:
(1) 
Found to be at large or harbored under circumstances constituting a violation of these articles; or
(2) 
Damaging property of a person other than the owner of such dog, except in the defense of the property of or members of the owner's household; or
(3) 
Causing bodily harm to any person; or
(4) 
Acting in such a manner as to cause reasonable apprehension of such harm to person or animals not within or upon the premises of such dog's owner. Such animal may also be taken into custody by any person who observes such violation. Such person shall promptly call the town official, or report the circumstances leading to such a seizure and deliver or tender possession of such animal to the town for impounding.
(Ord. 249 § 27, 1980; Ord. 678, 2011; Ord. 728, 2015)
Any person, including the owner or a member of his or her family, who shall give refuge to or who shall fail or refuse to deliver possession of an animal to the animal control authority who was in pursuit of the animal seen violating any provision of these articles may be subject to a fine not to exceed $250.00.
(Ord. 249 § 28, 1980; Ord. 678, 2011; Ord. 728, 2015)
An officer or other animal control authority, in hot pursuit of an animal known to be vicious, or reasonably suspected of being dangerous to persons other than wrongful trespassers upon his or her owner's premises, may enter the premises of the owner and demand possession of such animal, and if, after request therefor, the owner or keeper of the animals, over 16 years of age, shall refuse to deliver the animal to the officer or animal control authority and the officer or animal control authority cannot with reasonable safety catch the animal, he or she may cause it to be killed; provided, such officer or animal control authority shall not enter the abode of the owner without a warrant therefor.
(Ord. 249 § 29, 1980; Ord. 678, 2011; Ord. 728, 2015; Ord. 741, 2015)
All animals arrested and impounded shall be given humane care and properly fed during such detention. Reasonable effort shall be exerted to segregate such animals as to size, condition and temperament so that the timid, sick, weak or injured animals will not suffer from the actions of others.
(Ord. 249 § 30, 1980; Ord. 728, 2015)
Except in those cases in which the animal is being redeemed or returned to the owner or person having the lawful right thereto, all impounded animals shall be retained for not less than 48 hours, after which time of giving notice of such impounding unless the animal is sick or injured and a sooner disposal is deemed by the animal control authority to be the proper course to be taken. The animal control authority shall retain impounded animals beyond the 48-hour minimum requirement, if, in his opinion, the animal is of sufficient value and attraction that the continued care and expense is warranted pending the sale or disposal of such animal.
(Ord. 249 § 31, 1980; Ord. 728, 2015; Ord. 741, 2015)
Any person found guilty of violating any terms of these articles for which no other penalty is expressly provided herein may be fined in any sum not to exceed $250.00, for each offense; provided, however, that any person convicted of enumerated acts may be guilty of a misdemeanor and punished by the appropriate fine only.
(Ord. 249 § 35, 1980; Ord. 678, 2011; Ord. 728, 2015)