HomeMy WebLinkAbout58-19 - Ord. Amending Ord. 101-98 County Code Chapter 4.04 Animal Ordinance ORDINANCE NO. 5g-' I
MASON COUNTY ANIMAL ORDINANCE
An Ordinance amending Ordinance No. 101-98, Chapter 4.04 of the Mason County Code,
WHEREAS, Mason County was approached by citizens requesting the Animal Code be
amended to address animals that trespass onto private property or allow said animal to
run at large onto public property;
WHEREAS, the Board of Mason County Commissioners held a public hearing on June 18,
2019 to consider amending the Animal Code.
NOW, THEREFORE, be it hereby resolved by the Board of Mason County Commissioners to
amend Chapter 4.08 of the Mason County Code to include language addressing Animals at
Large-see Attachment A.
Dated this 18th day of June, 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNT WASHINGTON
Uk I
Kevin Shutty, hair
Ra dy Neath in, mmissioner
ATTEST:
.r--�
Melissa � ry, Clerk f the Board Sharon Tra c, Commissioner
APPROVED AS TO FORM:
Tim White ead"...
Chief Deputy Prosecuting Attorney
Title 4 -ANIMALS
Chapters:
Chapter 4.08 -ANIMAL CODE"
Sections:
4.08.010 -Title.
This chapter may be cited as the Mason County animal code, to be codified as Chapter 4.08.
(Ord. 101-98 (part), 1998).
4.08.020 - Definitions.
For the purpose of this chapter, the words and phrases shall be defined as follows:
"Abandon" means the act of knowingly leaving an animal;
(A) Without food, water, or care for twenty-four hours or more.
(B) In a situation where conditions present an immediate, direct, and serious threat to life, safety or
health of the animal.
"Abatement" means the termination of any violation by reasonable and lawful means determined by
the animal control authority in order that an owner or a person presumed to be the owner shall comply
with this ordinance.
"Animal" means any mammal, bird, reptile or amphibian.
"Animal control authority" means Mason County, Mason County's designee, acting alone or in
concert with other local government units for enforcement of the animal control laws of Mason County or
the state of Washington.
"Animal control officer" means any individual employed, contracted with, or appointed by the animal
control authority for the purpose of aiding in the enforcement of this chapter or another law or ordinance
relating to the licenser of animals, or seizure or impoundment of animals, and includes any state or local
law enforcement officer or other employee whose duties in whole or part include assignments that cover
the seizure and impoundment of any animal.
"Animal shelter" means a facility which is used to house or contain stray, homeless, impounded,
abandoned or unwanted animals, and which is owned, operated or maintained by a public body, an
established 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.
"At large" means an animal off or outside the premises belonging to its owner or keeper and not in
the company of and under direct control of its owner or keeper.
"Dangerous dog" means any dog that according to the records of the appropriate authority:
(A) Has inflicted severe injury upon a human being without provocation; or
(B) Has killed a domestic animal without provocation while off the owner's property; or
(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; provided, however that dogs shall not be declared dangerous if the threat,
injury, or damage was sustained by a person who, at the time, was committing a willful trespass
or other tort upon the premises occupied by the owner of the dog or has, in the past, been
observed or reported to have tormented, abused, or assaulted the dog or was committing or
attempting to commit a crime.
"Domestic animal" means any animal kept for amusement, companionship, or for household, farm
and/or agricultural purposes.
"Livestock" means horses, sheep, cattle, mules, burros, goats, llamas, domesticated hares, rabbits,
swine and poultry and any other hybrids of animals being raised for its agricultural purposes.
"Owner" or"Keeper,"in addition to their ordinary meanings, are terms that can be used
interchangeably within this chapter and means any person, firm, corporation, organization
possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
"Person" means any individual, firm, association, partnership, political subdivision, government
agency, public or private corporation, or any other entity.
"Potentially dangerous dog" means any dog that when unprovoked:
(A) Inflicts bites on a human or a domestic animal either on public or private property; or
(B) Chases or approaches a person while off the owner's property in a menacing fashion or
apparent attitude of attack, or
(C) Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause
injury, or otherwise threaten the safety of humans or domestic animals.
"Poultry" means all domesticated fowl and all game birds which are legally held in captivity.
"Proper enclosure of a dangerous dog" means while on the owner's property, a dangerous dog shall
be securely confined indoors or in a securely enclosed or locked pen or structure, suitable to prevent the
animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also
provide protection from the elements for the dog.
"Property" means anything of value, whether tangible or intangible, real or personal.
"Severe injury" means any physical injury that results in broken bones or disfiguring lacerations
requiring multiple sutures or cosmetic surgery.
"Stray" means any animal impounded or in the custody of the animal control authority, its employees
or agents which may or may not have an identifiable owner.
"Trespass" means the unlawful entrance upon the property of any person by any animal or other
person without the authorization of the lawful occupant.
(Ord. 101-98 (part), 1998).
4.08.030 - Public nuisance—Owner responsibility.
It shall be a public nuisance, and therefore unlawful, for any person to permit their animal(s) to:
(enforcement of this section (public nuisance)is separate and distinct from the terms of MCC
4.08.050-Animals at large)
(1) Damage or destroy the property of another person; or
(2) Cause injury to a person or domestic animal; or
(3) Chase, run after, jump at or upon any pedestrian or other domestic animal while off the owner's
property; or
(4) Chase, run after, jump at or upon any vehicle or person on a bicycle lawfully on any public
sidewalk, roadway, trail or path; or
(5) Wilfully or negligently allow livestock to run at large off the property of the owner; or
(6) Annoy or disturb a neighborhood or the quiet and repose of one or more persons by habitually
howling, barking, yelping or other prolonged sounds as determined by an enforcement officer.
(Ord. 101-98 (part), 1998).
4.08.040 - Public nuisance—Exceptions.
The provisions of this chapter relating to public nuisance do not apply if an animal;
(1) Causes injury to a person who, at the time, was committing a wilful trespass or other tort upon
the premises occupied by the owner of the dog or has been observed to have tormented,
abused, or assaulted the dog or was committing or attempting to commit a crime.
(2) Is emitting reasonable animal noises, as determined by an enforcement officer.
(Ord. 101-98 (part), 1998).
4.08.050 Animals at large.
(a)It shall be unlawful for the owner or keeper of any animal to negligently allow such animal to
enter or trespass onto private property of another without the express permission of the owner or
caretaker of said property;or to allow said animal to run at large onto any public property or the
public right-of-way within Mason County.
(1) The animal control authority or any commissioned law enforcement officer may cite an
owner or keeper upon probable cause that a violation of this subsection (a) has occurred.
(2)Any owner or keeper who is found, by a preponderance of the evidence, to have
violated any portion of subsection (a)shall be subject to a$250 civil infraction.
(b)It shall be unlawful for the owner or keeper of any animal to knowingly allow that animal to be
at large under subsection (a) of this section when such animal represents a potential threat of
substantial bodily injury to people or damage to property.
(1)A fully commissioned law enforcement officer or designee may cite an owner or keeper
upon probable cause that a violation of this subsection (b)has occurred or the
prosecuting attorney may file a complaint after first receiving written reports, drafted by
fully commissioned law enforcement officers that support probable cause that a violation
of this subsection (b)has occurred.
(2)Any owner or keeper who is found, beyond a reasonable doubt, to have violated this
subsection (b)shall be guilty of a misdemeanor,punishable by imprisonment in the
county jail for a maximum term fixed by the court of up to 90 days, or by a fine in an
amount fixed by the court of not more than $1,000 plus statutory assessments, or by both
such imprisonment and fine. Further, upon probable cause that this crime has been
occurred, the animal may be impounded pursuant to the procedures outlined in section
4.08.120 and 4.08.130 of this chapter.
4.08.060 - Potentially dangerous dogs.
(a) The animal control authority may find and declare an animal potentially dangerous if it has probable
cause to believe that the animal falls within the definition set forth in Section 4.08.020. The finding
must be based upon:
(1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner
which causes it to fall within the definition of potentially dangerous dog; or
(2) Dog bite reports filed with the animal control authority as required by this chapter or state law;
or
(3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or
(4) Other substantial evidence admissible in court.
(b) The declaration of potentially dangerous dog shall be in writing, shall be served on the owner in one
of the following methods.
(1) Certified mail to the owner or keeper's last known address, if known; or
(2) Personally or to other person of suitable age residing at the owner's residence; or
(3) Posting of the notice at the owner or keeper's last known address; or
(c) The declaration shall state at least:
(1) A description of the animal;
(2) The name and address of the owner or keeper of the animal, if known;
(3) The whereabouts of the animal if it is not in the custody of the owner;
(4) The facts upon which the declaration of potentially dangerous dog is based;
(5) The availability of a hearing in case the person objects to the declaration, if a request is made
within five calendar days;
(6) The restrictions placed on the animal as a result of the declaration of potentially dangerous
dogs;
(7) The penalties for violation of the restrictions, including the possibility of destruction of the
animal, and imprisonment or fining of the owner.
(d) If the owner of animal wishes to object to the declaration of potentially dangerous dog:
(1) The owner may, within five days of receipt of the declaration request a hearing before the
district court by submitting a written request to the clerk of the court.
(2) If the court finds that there is insufficient evidence to support the declaration, it shall be
rescinded and the restrictions imposed thereby annulled.
(3) If the court finds sufficient evidence to support the declaration it may impose court costs on the
appellant, and may impose additional restrictions on the animal or owner.
(4) In the event the court finds that the animal is not a potentially dangerous dog, no court costs
shall be assessed against the county or the animal control authority or officer.
(e) Following service of a declaration of potentially dangerous dog the animal control authority may if
circumstances require impound the animal at the owner's expense, pursuant to the provisions of this
chapter, until a court orders either its redemption or destruction.
(f) The animal control authority (county sheriff) shall issue a potentially dangerous dog license to the
owner of a potentially dangerous dog if the owner presents to the animal control authority sufficient
evidence of:
(1) Proper confinement for the potentially dangerous dog.
(2) A micro-chip identification tag placed into the animal by a licensed veterinarian.
(3) A current photograph of the animal.
(g) The license fee for each potentially dangerous dog to be licensed under this section is fifty dollars.
The annual renewal fee for each potentially dangerous dog licensed under this section is twenty five
dollars and shall be due no later than January 31st of each year. All owners of potentially dangerous
dogs shall purchase a potentially dangerous dog license from the animal control authority within five
days of receipt of the declaration of potentially dangerous dog (if no proper appeal has been filed).
(h) The county sheriff shall be responsible for the declaration of potentially dangerous dogs, and the
licensing of potentially dangerous dogs under this section.
(Ord. 101-98 (part), 1998).
4.08.070 - Dangerous dogs.
(a) The animal control authority may find and declare an animal dangerous if it has probable cause to
believe that the animal falls within the definition as previously set forth. The finding must be based
upon:
(1) The written complaint of a citizen who is willing to testify that the animal has acted in a manner
which causes it to fall within the definition of dangerous dog;
(2) Dog bite reports filed with the animal control authority as required by this chapter or state law;
or
(3) Actions of the dog witnessed by any animal control officer or law enforcement officer; or
(4) Other substantial evidence admissible in court.
(b) The declaration of dangerous dog shall be in writing, shall be served on the owner in one of the
following methods.
(1) Certified mail to the owner or keeper's last known address, if known; or
(2) Personally or to other person of suitable age residing at owner's residence;
(3) Posting of the notice at the owner or keeper's last known address.
(c) The declaration shall state at least:
(1) A description of the animal;
(2) The name and address of the owner or keeper of the animal, if known;
(3) The whereabouts of the animal if it is not in the custody of the owner;
(4) The facts upon which the declaration of dangerous dog is based;
(5) The availability of a hearing in case the person objects to the declaration, if a request is made
within five calendar days;
(6) The restrictions placed on the animal as a result of the declaration of dangerous dog;
(7) The penalties for violation of the restrictions, including the possibility of destruction of the
animal, and imprisonment or fining of the owner.
(d) If the owner of the animal wishes to object to the declaration of dangerous dog:
(1) The owner may, within five days of receipt of the declaration request a hearing before the
district court by submitting a written request to the clerk of the court.
(2) If the court finds that there is insufficient evidence to support the declaration, it shall be
rescinded and the restrictions imposed thereby annulled.
(3) If the court finds sufficient evidence to support the declaration it may impose court costs on the
appellant, and may impose additional restrictions on the animal or owner.
(4) In the event the court finds that the animal is not a dangerous dog, no court costs shall be
assessed against the county or the animal control authority or officer.
(e) Following service of a declaration of dangerous dog the animal control authority may if
circumstances require impound the animal at the owner's expense, pursuant to the provisions of this
chapter, until a court orders either its redemption or destruction.
(f) The animal control authority shall issue a dangerous dog license to the owner of a dangerous dog if
the owner presents to the animal control authority sufficient evidence of:
(1) A proper enclosure to confine a dangerous dog and the posting of the premises with clearly
visible signs that there is a dangerous dog on the property. In addition, the owner shall
conspicuously display a sign with a warning symbol that informs children of the presence of a
dangerous dog;
(2) A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form
acceptable to the animal control authority in the sum of at least fifty thousand dollars, payable to
any person injured by the dangerous dog; or
(3) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified
under RCW Title 48 in the amount of at least fifty thousand dollars, insuring the owner for any
personal injuries inflicted by the dangerous dog;
(4) A micro-chip identification tag placed into the animal by a licensed veterinarian;
(5) A current photograph of the animal.
(g) The license fee for each dangerous dog to be licensed under this section is one hundred dollars.
The annual renewal fee for each dangerous dog licensed under this section is fifty dollars and shall
be due no later than January 31st of each year. All owners of dangerous dogs shall purchase a
dangerous dog license from the animal control authority within five days of receipt of the declaration
of dangerous dog (if no proper appeal has been filed).
(h) The county sheriff shall be responsible for the declaration of dangerous dogs, and the licensing of
dangerous dogs under this section.
(Ord. 101-98 (part), 1998).
4.08.080 - Penalties and transfer of ownership—Potentially and dangerous dogs.
(a) It is unlawful for an owner of a potentially dangerous dog to permit the dog to be at large at anytime.
(b) Any owner of a potentially dangerous dog who fails to obtain a license or renewal for such dog as
described in Section 4.08.050 in addition to criminal sanctions shall be assessed a civil penalty in the
amount of two hundred fifty dollars and the animal shall be immediately confiscated by the animal
control authority. No such civil penalty shall be assessed until five days have elapsed from the date
such owner is notified by the animal control authority that such license or renewal for such potentially
dangerous dog is required, or until any appeal brought under that section has been complete,
whichever is later.
(c) Any owner of a dangerous dog who fails to obtain a license or renewal for such dog as described in
Section 4.08.060 in addition to criminal sanctions shall be assessed a civil penalty in the amount of
five hundred dollars and the animal shall be immediately confiscated. No such civil penalty shall be
assessed until five days have elapsed from the date such owner is notified by the animal control
authority that such a license or renewal for such dangerous dog is required, or until any appeal
brought under that section has been complete, whichever is later.
(d) Any potentially dangerous or dangerous dog for which a license or renewal has not been obtained
by its owner pursuant to Sections 4.08.050 and 4.08.060 is subject to being impounded by the
animal control authority. The owner of any potentially dangerous or dangerous dog so impounded
shall be subject to a civil penalty in the amount of ten dollars per day for each day such dog remains
impounded with the animal contro! authority. Any potentially dangerous or dangerous dog
impounded due to the failure of the owner of such dog to obtain the required license or renewal and
which remains impounded for a period of at least ten days due to the failure of the owner to obtain
such license or renewal may be destroyed in an expeditious and humane manner by the animal
control authority and the owner shall be assessed an additional civil penalty in the amount of fifty
dollars for the cost of destroying the animal. A civil penalty in the amount of ten dollars per day shall
be assessed against the owner of each potentially dangerous or dangerous dog impounded by the
animal control authority under this section.
(e) It is unlawful for the owner of a dangerous dog to permit the dog to be outside the proper enclosure
unless the dog is muzzled and restrained by a substantial chain or leash and under the physical
restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to
the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
Any owner who violates this provision in addition to criminal sanctions shall be assessed a civil
penalty of two hundred fifty dollars for each violation thereof.
(f) Any dangerous dog shall be immediately confiscated by an animal control authority if the..
(1) Dog is not validly licensed; or
(2) Owner does not secure the liability insurance; or
(3) Dog is not maintained in a proper enclosure; or
(4) Dog is outside of the dwelling of the owner, or outside of the proper enclosure and not muzzled
and under restraint of the responsible person.
In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW
9A.20.021. The owner of any dog confiscated under this subsection may recover such dog from the
animal control authority upon the payment of a civil fine which shall be in the amount of two hundred fifty
dollars plus ten dollars per day for each day said dog has been in control of the animal control authority;
provided however, that in the event the owner has not picked up the dangerous dog within ten days of
being notified by the animal control authority that such dog is under the control of such authority, the dog
shall be destroyed in an expeditious and humane manner and the owner shall be assessed an additional
civil penalty in the amount of fifty dollars for the cost of destroying such dangerous dog.
(g) If a dangerous dog of an owner with prior convictions under this chapter attacks or bites a person or
another domestic animal, the dog's owner is guilty of a Class C felony, punishable in accordance
with RCW 9A.20.021. In addition, the dangerous dog shall be immediately confiscated by the animal
control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an
expeditious and humane manner. The owner of any dangerous dog confiscated and destroyed
pursuant to this subsection shall be assessed a civil penalty in the amount of ten dollars per day for
each day such dangerous dog is quarantined with the animal control authority and in an amount of
fifty dollars for the cost of destroying such dangerous dog.
(h) Owners of potentially and dangerous dogs who sell or otherwise transfer the ownership, custody, or
residence of the dog shall within ten days inform the Mason County sheriffs office, in writing, the
name, address, and telephone number of the new owner and the name and description of the dog.
The owner shall, in addition, notify the new owner in writing the details of the dog's record, terms and
conditions of the maintenance and provide the Mason County sheriffs office with a copy thereof
containing an acknowledgment by the owner of his/her receipt of the original.
(Ord. 101-98 (part), 1998).
4.08.090 - Rabies and disease control.
The Mason County Health District officer, or his/her designee, shall have the responsibility for
administering the rules and regulations of the Washington State Board of Health relating to rabies and
disease control in Mason County.
(Ord. 101-98 (part), 1998).
4.08.100 - Rabies control—Quarantine and disposal.
(a) Any animal which bites a person and that bite breaks the skin shall be quarantined for ten days as
may be ordered by the animal control authority or the Mason County Health District officer. During
quarantine, the animal shall be securely confined and kept from contact with any other animal or
person except for the primary caretaker of the animal. The quarantine may be permitted on the
premises of the owner if the owner can show proper quarantine confinement to the animal control
authority. If the animal control authority requires other confinement, the owner shall surrender the
animal for the quarantine period to an animal shelter or veterinary hospital at the expense of the
owner.
(b) No enforcement officer or any other person shall knowingly, except in the reasonable effort to
protect himself or others, kill, or cause to be killed, any animal suspected of being rabid; provided if a
veterinarian, after a thorough diagnosis, determines possible rabies in any animal in quarantine, the
animal shall be humanely killed and the head of the animal sent to the state laboratory for
pathological examination and confirmation of the diagnosis.
(Ord. 101-98 (part), 1998).
4.08.110 - Habitual violator.
(a) In addition to any legal remedy available under the provisions of this chapter, the animal control
authority will notify and direct in writing the owner of any animal which is guilty of three notices of
violation, pursuant to Section 4.08.030, in any twelve month period to abate and remove said animal
from the county within seventy-two hours from the date of said notice, or in the alternative to abate
and transfer ownership and possession of the animal to another person not living at the same place
of residence. Such notice to abate shall state the method of appealing the order except that any
appeal must be filed before the closure of the animal control authority's office on the second
business day following service of the notice.
(b) The owner of any animal that has been served with an order of abatement, pursuant to subsection
A of this section may appeal such order by requesting a hearing before the district court by
submitting a written request to the clerk of the court. Any appeal must be filed before the closure of
the animal control authority's office on the second business day following service of the notice.
(c) If said owner of animal is found in violation of the abatement notice after seventy-two hours have
elapsed from the date of notice and no timely appeal is filed, said animal shall be impounded and
removed by the animal control authority, subject to all impound procedures; provided however, the
animal may not be returned to the same residence or property from which it was impounded or
resided.
(Ord. 101-98 (part), 1998).
4.08.120 - Enforcement.
(a) The animal control authority is authorized to take such lawful action as may be required to enforce
the provisions of this chapter and the laws of the state of Washington pertaining to animal cruelty,
shelter, welfare and control and as amended. Such action may include, but not be limited to the
issuance of warning notices or citations to owners of animals found to be a public nuisance and/or
apprehension and impoundment of animals.
(b) The animal control authority while pursuing any animal observed to be in violation of this chapter
may enter upon any public or private property, except any private building, for the purpose of abating
the animal violation being pursued. Entry into a building designated for and used for private purposes
may be accomplished upon the issuance of a proper search or arrest warrant by a court of
competent jurisdiction.
(Ord. 101-98 (part), 1998).
4.08.130 - Impoundment.
(a) The animal control authority may apprehend any animal found doing or involved in acts defined as a
public nuisance, animals at large, and/or being subjected to cruel treatment as defined by law. If it is
not reasonably possible to return the animal to its owner, the animal control authority shall notify the
owner of the animal within a reasonable time by telephone, mail, direct personal contact or posting at
the residence of the owner that the animal has been impounded and if appropriate may be
redeemed at the designated animal shelter. Any animal impounded pursuant to this chapter shall be
held for the owner for at least two business days commencing with apprehension. Any animal not
redeemed by its owner during the prescribed period, or which is suffering from a serious injury or
disease as determined by a licensed veterinarian, may be humanely destroyed at the expense of the
owner.
(b) Animals that are removed from the possession of a person in the custody of a law enforcement
officer shall be held for the period described in this section. An impoundment receipt shall be
delivered to the person in custody from whom the animal was taken.
(c) An impoundment receipt shall cite redemption requirements and shall serve as the notice to the
owner required herein. The above return and notification requirements shall not apply to any animal
that is deemed abandoned under the provisions of Chapter 16.54 RCW, or as defined in this chapter.
(d) Any potentially or dangerous dog may be impounded at the expense of the owner pending proper
appeals.
(Ord. 101-98 (part), 1998).
4.08.140 - Impoundment register.
The impounding authority shall maintain a register of all animals impounded pursuant to this chapter,
and such register shall show the species and breed of the animal, a description of the animal by coloring
and marking, the time and date of impoundment, the name of animal control officer impounding the
animal, the area in which the animal was picked up, the method and time of notifying the owner if known,
of redemption procedures, and the disposition of the animal and the date and time thereof.
(Ord. 101-98 (part), 1998).
4.08.150 - Notice of violation—Civil penalties.
(a) Unless another penalty is expressly provided for, all acts, conduct, and events prohibited or
declared unlawful in this chapter shall constitute civil infraction.
(b) Whenever an animal control officer has reasonable grounds to believe an animal is violating or
being maintained in violation of this chapter, he/she shall be authorized to issue the owner a notice
of violation. The penalties assessed within any twelve-month period shall be as follows:
(1) Public nuisance violation as defined in Section 4.08.030.
First violation ..... Warning notice
Second violation ..... $100.00 civil infraction
Third violation ..... 250.00 civil infraction
Fourth violation ..... Misdemeanor
(2) Dogs declared to be potentially dangerous or dangerous:
In addition to any license requirements the following shall apply:
Potentially dangerous dog ..... $250.00 civil infraction
Dangerous dog ..... 500.00 civil infraction
Potentially dangerous dog at large ..... 250.00 civil infraction
(3) Quarantine:
Any person permitting an animal to violate a quarantine order shall be subject to the
following penalties:
Failure to quarantine and/or failure to control quarantined animal ..... $250.00 civil infraction
If any owner cited under this chapter destroys or transfers the ownership of the said animal it does
not relieve the owner of his/her responsibility to pay any and all civil or criminal fines or penalties as the
result of the infraction or citation.
(Ord. 101-98 (part), 1998).
4.08.160 - Legal or equitable relief.
The animal control authority in addition to the use of any other remedy herein, may seek legal or
equitable relief to enjoin acts or practices and abate any conditions which constitute a violation of this
chapter or other regulations hereafter adopted.
(Ord. 101-98 (part), 1998).
4.08.170 - Redemption.
The redemption fee for an animal includes the cost of apprehension and transportation and the costs
of impoundment and care of the animal including veterinary fees and shall be paid to and retained by the
animal control authority. Any civil penalties due and owing shall be in addition to the redemption fee. The
redemption fee shall be set in accordance with the schedule provided by the impoundment facility;
A. Daily Care. For each twenty-four hour period or portion thereof, from the time of impoundment:
(1) Dog or cat: ten dollars.
(2) Other small animal weighing less than fifty pounds: ten dollars.
(3) Any livestock weighing fifty pounds or more: twenty dollars.
B. Veterinary Costs. Actual costs incurred from emergency medical care, other extraordinary costs
incurred to apprehend and/or impound the animal may be charged by the animal control
authority.
(Ord. 101-98 (part), 1998).
4.08.180 - Immunity.
The county, the county's designee, the animal control authority, and the animal control officer shall
be immune from any and all civil liability for any actions taken pursuant to this chapter, or for any failure to
take action to enforce the provisions of this chapter. This chapter has been enacted for the welfare of the
public as a whole.
(Ord. 101-98 (part), 1998).