HomeMy WebLinkAbout2025-035 Ordinance amending Yakima Municipal Code Chapter 6.20 Animal ControlORDINANCE NO. 2025-035
AN ORDINANCE amending the City of Yakima Municipal Code Chapter 6.20 Animal
Control, adopting the State definition for Minimum Care, Animal Cruelty in
the second degree, and other definitions, adding a potentially dangerous
dog definition and penalties, updating the impound section and adding
stipulations to facts to the violations that could lead to a problem pet
owner declaration and other housekeeping amendments.
WHEREAS, in early 2023, due to the Code Department staffing constraints, the City
Counsel removed the potentially dangerous dog definition and the codes that dealt with a
potentially dangerous dog; and
WHEREAS, in 2024, the animal control enforcement was placed with the Police
Department community service officers who were able to devote more resources to animal
control in the city; and
WHEREAS, the Community Service Officers have received training on animal control
best practices, which includes a dangerous dog definition and codes that deal with dogs who
have been declared potentially dangerous; and
WHEREAS, the proposed ordinance contains a potentially dangerous dog definition and
supporting codes, and other changes to update and clarify citizen responsibilities for pet
ownership; and
WHEREAS, now therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1.
Sections:
Chapter 6.20
ANIMAL CONTROL
GENERAL REGULATIONS
6.20.010 Definitions.
6.20.020 Enforcement —Animal control officers.
6.20.030 Violation —Penalty.
6.20.040 Abatement of nuisances.
6.20.044 Slaughtering, dressing and butchering of animals and fowl.
6.20.045 Animal husbandry as nonconforming use.
6.20.046 Poultry at large.
6.20.047 Stock at large.
6.20.048 Interfering with dog guide or service animal.
6.20.050 Enforcement.
6.20.060 Severability.
1
6.20.070
6.20.080
6.20.090
6.20.100
6.20.110
6.20.120
DOG LICENSING
Dog license —Required.
Dog license —Application.
Vaccination required for dog license.
Dog license —Fees.
Dog license —Applications and renewals.
Incomplete applications.
HUMANE TREATMENT OF ANIMALS
6.20.122 Animal Cruelty prohibited.
6.20.124 Abandonment of animals prohibited.
6.20.125 Confinement in motor vehicle prohibited.
6.20.126 Pet animals —Taking, concealing, injuring, killing, etc. —Penalty.
6.20.127 Keeping in nauseous manner.
6.20.128 Presumption of ownership.
HUMAN RESPONSIBILITY FOR DOGS
6.20.130 Control of dogs.
6.20.135 Declaration of dogs as dangerous —Procedure.
6.20.136 Hearing procedure —Dangerous dogs.
6.20.137 Confinement and control of dangerous dogs.
6.20.138 Confinement and control of potentially dangerous dogs.
6.20.139 Requirement of restraint for potentially danger dogs.
6.20.140 Duty to notify status of dangerous/potentially dangerous dog.
6.20.141 Confiscation and destruction of potentially dangerous dog.
6.20.142 Penalty for violation as to potentially dangerous dog - misdemeanor
6.20.145 Possession of dangerous dogs prohibited.
6.20.147 Penalty for violation as to dangerous dog —Gross misdemeanor.
6.20.148 Directing dog to harass or attack —Gross misdemeanor.
6.20.149 Use of dog in illegal activity prohibited —Gross misdemeanor.
6.20.150 Dog in estrus at large prohibited.
6.20.160 Restraint within quarantine area.
6.20.195 Dog tethering.
6.20.210 Removal of dog waste from public areas.
6.20.230 Injury to property.
6.20.240 Rabies inoculation required —Exception.
6.20.280 Barking dogs prohibited.
6.20.290 Dog bites to be reported.
HUMAN RESPONSIBILITY FOR CATS
6.20.292 Definitions.
6.20.293 Control of unaltered cats.
6.20.294 Permitted acts, Trap -Alter -Return.
6.20.295 Nauseous condition prohibited.
6.20.296 Feeding cats on public property prohibited.
2
IMPOUNDMENT
6.20.300 Impoundment.
6.20.305 Interference with impounding.
6.20.310 Notice of impoundment.
6.20.320 Redemption of impounded animals —Exception.
6.20.330 Injured or diseased animals.
6.20.360
6.20.360
6.20.370
6.20.380
6.20.390
6.20.410
6.20.420
6.20.430
KENNELS
Kennel license —Requirements.
Kennel license —Application.
Kennel license —Fees and late penalties.
Kennel license —Inspection of facilities.
Kennel license —Display.
Kennel license —Revocation, denial or refusal to renew.
Kennel license —Records required.
Vaccination required.
PROBLEM PET OWNERS
6.20.500 Problem pet owners —Defined.
6.20.510 Problem pet owners —Revocation of license.
6.20.520 Confinement of pets owned by a problem pet owner.
6.20.530 Problem pet owner —Hearing procedure —Revocation of license.
6.20.540 Possessing, harboring, or owning animal by problem owner —Misdemeanor.
6.20.600 Penalties.
6.20.700 Exemption.
6.20.010 Definitions.
PENALTIES
EXEMPTION
GENERAL REGULATIONS
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) "Abandons" means the knowing or reckless desertion of an animal by its owner, or by a
person who has taken control, custody, or possession of an animal or causing of the animal to
be deserted by its owner, in any place, without making provisions for the animal's adequate
care.
(2) "Adult dog" means any dog having a set of permanent canine teeth, or older than six
months of age.
(3) "Aggressive behavior" means any physical contact between a dog and a person, where
said person feels threatened, that includes, but is not limited to, any of the following: snarling,
baring teeth, chasing, growling, snapping, pouncing, lunging, multiple attacks, multiple lunges,
not to include bites.
(4) "Altered" means any animal that is spayed or neutered.
(5)
"Animal" means any dog, cat, exotic, wild or dangerous animal or livestock.
(6) "Animal owner" means any person or legal entity having a possessory property right in an
animal or who regularly provides food, water, or shelter, or a person who owns, harbors, cares
for, exercises control over or knowingly permits any animal to remain on premises occupied by
that person for more than 14 days.
(7) "Animal shelter' means a facility operated by the Humane Society or any other facility that
contracts with the city to provide for the care of animals impounded or detained by an animal
control officer or released to an animal control officer under this chapter.
(8) "At large" means off the premises of the owner or keeper of the animal, and not under
restraint by leash eight feet in length or shorter subject to the actual control of a capable person.
"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, on
property authorized for hunting; 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;
(D) Dogs off -leash at any designated off -leash dog park.
(E) On -duty K-9 Officers.
(9) "Bite" or "bitten" means to seize with teeth or jaws so as to enter, grip, wound or pierce,
which causes a breaking of the skin.
(10) "Board" means the city of Yakima City Council.
(11) "Capable person" means any person who is physically able to control and restrain an
animal and who has the capacity to exercise sound judgment regarding the rights and safety of
others.
(12) "County" means the unincorporated area of Yakima County, Washington.
4
(13) "Criminal Negligence" a person is criminally negligent or acts with criminal
negligence when he or she fails to be aware of a substantial risk that a wrongful act may occur
and his or her failure to be aware of such substantial risk constitutes a gross deviation from the
standard of care that a reasonable person would exercise in the same situation.
(14) "Dangerous dog" means any dog that:
A. Unprovoked, inflicts severe injury or serious physical injury on a human being; or
B. Unprovoked and while at large or off the owner's property, kills a domestic animal;
inflicts injury(ies) requiring a domestic animal to be euthanized; or
C. While under quarantine bites a person or domestic animal; or
D. Has previously been declared a potentially dangerous or dangerous dog, after the
owner has received notice of the finding, and the dog engaged in potentially dangerous
dog behavior; or
E. Unprovoked, attacks a "guide dog" or "service animal" as defined in RCW 70.84 and
inflicts injuries that render the "guide dog" or "service animal" permanently unable to
perform its duties.
(15) "Department" means the city of Yakima animal control, Yakima police department, or
code enforcement.
(16) "Domestic animal" means a tame animal living in a home or on property, and which is
also a type of animal commonly used by people for companionship, work, or as a food source.
(17) "Head of the household" means any person who owns, leases or otherwise controls any
private premises.
(18) "Kennel" means a building, enclosure or portion of any premises in or at which dogs, cats
or other domesticated animals are boarded or kept for hire, or in or at which dogs, cats or other
domesticated animals are kept or maintained by any person other than the owner thereof, or in
or at which over five cats or over three dogs over the age of four months are kept or maintained.
This definition shall include boarding kennels, but not pet shops, animal hospitals, or zoos.
(19) "Hobby kennel" means a kennel (as defined in subsection (18) of this section) in or at
which less than six cats or less than four dogs over the age of four months are kept or
maintained.
(20) "Litter" means two or more viable offspring.
(21) "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.
5
(22) "Microchip" means a device implanted for identification purposes and registered in the
database of an animal care agency, animal control agency, or microchip database accessible to
the latter agencies.
(23) "Minimum Care" means care sufficient to preserve the physical and mental health and
wellbeing of an animal and includes, but is not limited to the following requirements:
(A) "Necessary Food" means the provision of species -appropriate food that is easily
accessible to the animal and of sufficient quantity and quality to sustain the animal in good
health and allow for normal growth or maintenance of healthy body weight, provided at suitable
intervals for the species, age, and condition of the animal, but at least once daily unless daily
feeding is not suitable for the species, and placed so as to minimize contamination by
excrement and pests, or as directed by a veterinarian for medical reasons;
(B) "Necessary Water" means the provision of open or adequate access to potable
water of drinkable temperature that is easily accessible to the animal, in sufficient quantity to
satisfy the animal's needs and placed so as to minimize contamination of the water by
excrement and pests, or as directed by a veterinarian for medical reasons;
(C) "Necessary Shelter" means a structure sufficient to protect an animal from wind,
rain, snow, cold, sun, heat or other environmental weather conditions, that has bedding to
permit an animal to remain dry and reasonably clean and maintain a normal body temperature
based on the animal's species, age, or physical condition;
(D) "Necessary Medical Attention" means veterinary care as deemed necessary by a
reasonably prudent person to prevent or relieve in a timely manner distress from injury, neglect,
or physical infirmity;
(E) "Necessary Space" means continuous access to an area with the following:
1. Adequate space for exercise necessary for the physical health and well-being of the
animal based on the animal's species, age, or physical condition;
2. Temperature and ventilation suitable for the health and well-being of the animal based
on the animal's species, age, or physical condition;
3. Regular diurnal lighting cycles of either natural or artificial light.
(F) "Necessary Sanitation" means that both indoor areas and outdoor enclosures are
kept reasonably clean and free from excess waste, garbage, noxious odors, or other
contaminants, objects, or other animals that could cause harm to the animal's health and
wellbeing.
(24) "Nuisance" means any unlawful act, or failure to perform a duty, in which the act or failure
to perform an act or duty either annoys, injures or endangers the comfort, repose, health or
safety of other persons, or interferes with other persons' use of property.
6
(25) "Permit" means human conduct that is intentional, deliberate, careless, inadvertent or
negligent in relation to any animal owned by the person.
(26) "Person" means any individual, natural person, association, firm, partnership, corporation
or other legal entity.
(27) "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, bruises,
or other evidence of physical injury.
(28) "Potentially Dangerous Dog" means any dog that:
(A) Unprovoked, whether at large or not, inflicts a bite injury on a human or domestic
animal; or
(B) Chases or approaches a person upon the streets, sidewalks, public property, or
private property, where the dog is not a welcome guest, in a menacing fashion or apparent
attitude of attack, which may include, but is not limited to, any one or more of the following
behaviors: snarling, baring teeth, growling, snapping pouncing, lunging, attacking, or attempting
to bite.
(29) "Premises" means the area of land to which a person has legal or equitable rights of
possession, use and control.
(30) "Private property" means property privately owned.
(31) "Proper enclosure" means 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 and a secure top, and shall also provide protection
from the elements for the animal An animal that is securely confined indoors is also within a
"proper enclosure."
(32) "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, an
animal is to be kept separated from other animals or people.
(33) "Reckless disregard" means an act of proceeding to do something with a conscious
awareness of danger, indifferent to any potential consequences of so doing.
(34) "Secure dog shelter" means a dog shelter that agrees to accept a dog and that agrees to
the following conditions:
(A) Not to release the dog from the shelter for the rest of the dog's natural life;
(B) Not to allow the dog to come into contact with the general public for the rest of the
dog's natural life;
7
(C) To indemnify and hold the city harmless from any and all future liability including any
and all claims, demands, damages, liabilities, causes, suits or action of any kind or nature
whatsoever relative to past or future care and custody of the dog and to the dog's future
behavior;
(D) To notify the city if the shelter goes out of business or can no longer keep the dog
and to abide by the city's disposition instructions.
(35) "Securely enclosed and locked" means a pen or structure which has secure sides and a
secure top suitable to prevent the entry of young children and designed to prevent the animal
from escaping. If the pen or structure has no bottom secured to the sides, then the sides must
be embedded in the ground no less than one foot.
(36) "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.
(37) "Severe injury" means any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
(38) "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.
(39 "Tattoo" means a predesignated identification number inked into the inside of the ear, lip or
flank of the dog.
(40) "Tether" means: (i) To restrain an animal by tying or securing the animal to any object or
structure; and (ii) a device including, but not limited to, a chain, rope, cable, cord, tie -out, pulley,
or trolley system for restraining an animal.
(41) "Unaltered" means any animal that is not spayed or neutered.
(42) "Unconfined" means not securely confined indoors or in a securely enclosed and locked
pen or structure upon the premises of the person owning, harboring, or having the care of the
animal.
(43) "Unprovoked" means the animal's actions were not caused by anything that the person or
another animal did to intentionally incite, stimulate, or agitate the animal.
(44) "Verified complaint" any complaint received by the Department containing two or more
signed declarations which establish probable cause or witness statements signed under penalty
of perjury by two different individuals from two separate households, or a video recording(s)/
photograph(s) that demonstrate the behavior that is a violation of this chapter.
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2005-69 § 1 (part), 2005).
8
6.20.020 Enforcement Animal control officers.
(1) Animal control officers, community service officers, and code enforcement officers
enforcing this chapter shall comply with the same constitutional and statutory restrictions
concerning the execution of police powers imposed on law enforcement officers who enforce
criminal laws of the state of Washington.
(2) Upon receiving a limited commission from the chief of police, animal control officers,
community service officers, and code compliance officers have the following enforcement
powers when enforcing Chapter 6.20 of the city of Yakima Municipal Code:
(A) The power to issue citations based on probable cause to offenders for civil
infraction and misdemeanor and gross misdemeanor violations of Chapter 6.20 of the
city of Yakima Municipal Code;
(B) The power to prepare affidavits in support of search warrants and to execute
search warrants when accompanied by law enforcement officers to investigate criminal
violations of Chapter 6.20 of the city of Yakima Municipal Code, and to seize evidence of
those violations;
(C) The power to pursue animals running at large onto city -owned property, vacant
property, and unenclosed private property and seize, remove, and impound the same.
(3) Upon request of an animal control officer, community service officer, or code compliance
officer who has probable cause to believe that a person has violated provisions of
YMC 6.20.122, a law enforcement agency officer may arrest the alleged offender. Law
enforcement may arrest, as authorized by law, for any criminal law violation of this chapter.
(Ord. 2023-013 § 1, 2023; Ord. 2019-010 § 3, 2019: Ord. 2018-037 § 1 (part), 2018: Ord. 2018-
021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.030 Violation —Penalty.
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 where a violation is
specifically designated as a misdemeanor or gross misdemeanor. Any violation of this chapter
may result in the animal being impounded, and/or destroyed after notice and opportunity to be
heard if the owner is identifiable. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018:
Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.040 Abatement of nuisances.
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, and if the same is not done by such offender within twenty-four hours thereafter, the
same shall be abated and removed under the direction of the officer authorized by the order of
the court. Such injunction may 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 the violator shall be
liable for all costs and expenses of abating the same. (Ord. 2023-013 § 1, 2023; Ord. 2018-037
§ 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
9
6.20.044 Slaughtering, dressing and butchering of animals and fowl.
No person shall slaughter, dress or butcher any fowl or animal so as to unreasonably expose
such act or acts to the view of arty person on public or private property. This section does not
apply when the conditions of YMC 6.20.045 are met. (Ord. 2023-013 § 1, 2023; Ord. 2018-037
§ 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2009-28 § 2, 2009: Ord. 2007-18 § 2,
2007: Ord. 2005-69 § 1 (part), 2005).
6.20.045 Animal husbandry as nonconforming use.
(1) When an animal husbandry operation is approved as a nonconforming use pursuant to
Title 15 of the Yakima Municipal Code, the slaughter of animals may continue when the
following conditions are met:
(A) The slaughter of the animal is performed by a licensed professional butcher; and
(B) If the slaughtering of the animal involves the discharge of a firearm, notice shall be
provided to the Yakima police department at least two hours prior to the discharge of the
firearm. The notice shall be made by phone to the Yakima police department
nonemergency number and shall include the location of the discharge, the approximate
time of the discharge, and the name of the professional butcher who will be discharging
the firearm.
(2) This section is meant to be an exception to YMC 6.20.044, which prohibits the slaughtering
of animals within public or private property view, and YMC 6.44.020, which prohibits the
discharge of a firearm within the city of Yakima. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1
(part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2009-28 § 3, 2009).
6.20.046 Poultry at large.
It is unlawful for any person who, as an owner of ducks, geese, turkeys, chickens, peafowl, or
other poultry permits the same to run at large in the city of Yakima. A violation of this section is
an infraction. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018: Ord. 2015-021 § 5, 2015: Ord. 94-22 § 15, 1994: Ord. A-236 § 1(43), 1917.
Formerly 6.04.230).
6.20.047 Stock at large.
It is unlawful for any person owning or having the care of any horse, cattle, mules, sheep, goats,
hogs or any other kind of livestock to permit or suffer the same to go at large or stop to feed or
graze on any street, alley or public square within the corporate limits of the city of Yakima. A
violation of this section is a misdemeanor. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part),
2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2015-021 § 7, 2015: Ord. A-236 § 1(53), 1917.
Formerly 6.04.280).
6.20.048 Interfering with dog guide or service animal.
(1) Any person who:
(A) Has received notice that his or her behavior is interfering with the use of a dog guide
or service animal, and who continues with reckless disregard to interfere with the use of a
10
dog guide or service animal by obstructing, intimidating, or otherwise jeopardizing the
safety of the dog guide or service animal user or his or her dog guide or service animal is
guilty of a misdemeanor.
(B) With reckless disregard, allows his or her dog to interfere with the use of a dog guide
or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the
dog guide or service animal user or his or her dog guide or service animal is guilty of a
misdemeanor.
(2) Any person who:
(A) With reckless disregard, injures, disables, or causes the death of a dog guide or
service animal is guilty of a gross misdemeanor.
(B) With reckless disregard, allows his or her dog to injure, disable, or cause the death
of a dog guide or service animal is guilty of a gross misdemeanor.
(3) In any case in which the defendant is convicted of a violation of this section, he or she
shall also be ordered to make full restitution for all damages, including incidental and
consequential expenses which arise out of or are related to the criminal offense, incurred by the
dog guide or service animal user.
(4)
(5)
(A) Restitution for a conviction under this section shall include, but is not limited to:
(i) The value of the replacement of an incapacitated or deceased dog guide or
service animal, the training of a replacement dog guide or service animal, or
retraining of the affected dog guide or service animal and all related veterinary and
care expenses; and
(ii) Medical expenses of the dog guide or service animal user, training of the dog
guide or service animal user, and compensation for wages or earned income lost by
the dog guide or service animal user.
Nothing in this section shall affect any civil remedies available for violation of this section.
For purposes of this section, the following definitions apply:
(A) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a
dog trained for the purpose of assisting hearing -impaired persons.
(B) "Service animal" means an animal that is trained for the purposes of assisting or
accommodating a disabled person's sensory, mental, or physical disability.
(C) "Notice" means a verbal or otherwise communicated warning prescribing the
behavior of another person and a request that the person stop their behavior.
(D) "Value" means the value to the dog guide or service animal user and does not refer
to cost or fair market value. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018:
11
Ord. 2018-021 § 1 (part), 2018: Ord. 2015-021 § 6, 2015; Ord. 2002-41 § 1, 2002.
Formerly 6.04.240).
6.20.060 Enforcement.
The Department may not be required to enforce provisions of this chapter except in response to
a written or verbal complaint of a person who has satisfactorily identified himself to the
department, the complaint establishes probable cause that a violation has occurred, and the
complainant has either supplied the name and address of the animal owner or has supplied the
fact that the animal does not have an owner. Enforcement thereafter is a matter within the
discretion of the department. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord.
2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.060 Severability.
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. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2005-69 § 1 (part), 2005).
DOG LICENSING
6.20.070 Dog license —Required.
All adult dogs within the incorporated area of the city of Yakima shall be licensed by the
department or its designee at all times; provided, however, that a license issued by other
governments located in Yakima County shall be valid under the provisions of this chapter until
the last day of December for the current year; and provided, further, that dogs kept under a
kennel license pursuant to this chapter shall be exempt from the provisions of this section;
provided, further, that dogs kept at the Humane Society under RCW Chapter 16.52 shall be
exempt from licensing. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-
021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.080 Dog license —Application.
The person licensing a dog shall submit to the department or its designee the following
information:
(1) The name, date of birth, physical and mailing addresses and telephone number of the
owner of the dog being licensed;
(2) The name, date of birth, physical and mailing addresses and telephone number of the
person having custody of the dog, if such person is one other than the owner;
(3) The name, age, breed, color and sex of the dog being licensed, and whether or not such
dog has been neutered or spayed;
(4) Distinguishing features, markings, tattoos or microchip number of the dog being licensed;
12
(5) The address of the premises where the dog is ordinarily kept or maintained;
(6) A certificate of a veterinarian indicating the last date on which the dog received an initial or
booster vaccination against the disease of rabies, along with the expiration date of such
vaccination. Should the dog be unable to be immunized against rabies for medical reasons, the
signed statement of a veterinarian shall be accepted as proof in lieu of the rabies vaccination
certificate. If the owner is unable to produce a certification by veterinarian as to the rabies
vaccination, the owner's certification under oath that the dog has had a rabies vaccination may
be accepted. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.090 Vaccination required for dog license.
As a prerequisite to licensing, any dog four months of age or older shall be currently vaccinated
against the disease of rabies. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord.
2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.100 Dog license —Fees.
The fee for initial or renewed licensing of any dog shall be set forth in the city of Yakima master
fee schedule. Proof of a dog having been altered shall be by certificate from a veterinarian or, if
such is unavailable, a statement from the owner under oath, certifying that the dog for which a
license application is made is altered.
No license fee shall be charged to:
(1) An owner who is legally blind and uses such dog as a guide dog, or to a deaf person who
uses such dog as a hearing -ear dog, or to an owner who has been determined to be disabled
pursuant to 42 U.S.C. Section 1382 (supplemental security income) and uses such dog as a
support dog. The license shall be valid for the life of the dog.
(2) No license fee shall be charged to city police and fire agencies for canine support animals.
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2009-61 § 1, 2009: Ord. 2007-58 § 1, 2007: Ord. 2005-69 § 1 (part), 2005).
6.20.110 Dog license —Applications and renewals.
Applications for license issuance shall be made within a timely manner as listed in the
conditions set forth below:
(1) Applications for license renewal shall be made on or before the date of expiration of
current license;
(2) In the case of a newly acquired dog, the application shall be made within thirty days of
either the date of acquisition or the date when the dog reaches six months of age, whichever
comes later;
(3) In the case of a new resident to the city with a licensed or an unlicensed adult dog, the
application shall be made within thirty days of establishing residency;
13
(4) In the case of a dog licensed by another jurisdiction within Yakima County, the existing
license shall be valid until the last day of December of the year they established residency in the
city of Yakima.
(5) Upon application, certification or submission of proof of immunization and payment of fees
by the owner or persons having the custody and control of any adult dog, the department or its
designated agent shall issue to the applicant a numbered license identification tag for each dog
so registered. The applicant shall ensure that the tag is securely fastened to a substantial collar
or harness to be worn at all times by the dog. The absence of the license tag on a dog's collar
shall be prima facie evidence that said dog has not been legally licensed. (Ord. 2023-013 § 1,
2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part),
2005).
6.20.120 Incomplete applications.
In the event any license applicant fails to provide all required information or fees, the
department shall notify such applicant by first-class mail at the mailing address stated on the
application or notify applicant by phone or in person of any such deficiency, requesting that any
required information or fees be provided to the department within thirty days, and stating that if
the required information or fees are not timely received, any fees paid shall be forfeited and the
application shall be voided.
If any applicant fails to timely provide information requested under this section, a new
application and fee shall be required after the thirty days have expired and any tag previously
supplied shall be voided.
Any fees received by the department for applications that cannot be processed shall be
deposited into a special revenue account within a department fund and held in such fund for a
period of not less than thirty days after notice of deficiencies in the application is mailed to the
applicant or until the required information or fees are received. After thirty days have passed
since the applicant was notified of any deficiency, such fees shall become miscellaneous
revenues. Any overpayment of fees shall be refunded to the applicant if the request for
overpayment refund is made within ninety days of such overpayment. (Ord. 2023-013 § 1, 2023;
Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
HUMANE TREATMENT OF ANIMALS
6.20.122 Animal Cruelty prohibited.
(1) RCW 16.52.207, animal cruelty in the second degree, is hereby adopted by reference as
currently enacted or as hereafter amended or recodified from time to time.
(2) (a) If a law enforcement officer or animal control officer has probable cause to believe
that an owner of a domestic animal has violated this chapter or a person owns, cares for, or
resides with an animal in violation of YMC 6.20.530(4) or a pretrial order of the court, the officer,
after obtaining a warrant, may enter the premises where the animal is located and seize the
animal.
(b) If a law enforcement officer or an animal control officer has probable cause to
believe an animal is in imminent danger or is suffering serious physical injury or infirmity, or
14
needs immediate medical attention, the officer may enter onto private property without a warrant
to:
(i) Render emergency aid to the animal; or
(ii) Seize the animal without a warrant. Any animal seized without a warrant shall be
brought to a veterinarian licensed in the State of Washington to provide medical
attention and to assess the health of the animal as soon as feesible.
(c) A law enforcement officer or an animal control officer is not liable for damages for
entry onto private property without a warrant under this section, provided that the officer does
not use any more force than is reasonable necessary to enter upon the property and remove the
animal.
(3) (a) An animal seized under this section may be placed into the custody of an animal care
and control agency, into foster care that is not associated in any way with the owner, or with a
nonprofit humane society, nonprofit animal sanctuary, or nonprofit rescue organization. In
determining what is a suitable placement, the officer shall consider the animal's needs, including
its size, medical needs and behavioral characteristics. Any person or custodial agency
receiving an animal seized under this section shall provide the animal with minimum care as
defined in the Chapter.
(b) If a seized animal is placed into the care of an animal care and control agency,
foster care, nonprofit humane society, with a nonprofit animal sanctuary or nonprofit rescue
organization, the seizing agency shall retain constructive custody of the animal, shall have the
duty to ensure the animal receives minimum care, and may draw from the bond under
subsection (5) of this section and distribute the place authorized to care for the animal.
(4) Any owner whose domestic animal is removed pursuant to this section or sections shall
be given written notice, within 72 hours following the seizure of the circumstances of the
removal, notice of right to petition for the immediate return of the animal by requesting a civil
hearing in the Yakima Municipal Court before the animal is deemed abandoned or forfeited.
The notice shall be given by posting at the place of seizure, by delivery to a person residing at
the place of seizure, or by registered mail if the owner is known or suspected to be known. Only
one of the preceding methods is needed for notice but an effort must be made to reach the
animal owner.
Notice shall include:
(a) The name, business address, and telephone number of the law enforcement agency
or animal care and control agency responsible for seizing the animal;
(b) A description of the seized animal;
(c) The authority and purpose for the seizure, including the time, place, and
circumstances under which the animal was seized;
(d) A statement that the owner is responsible for the cost of care for an animal who was
lawfully seized, and that the owner will be required to post a bond with the clerk of the
Yakima Municipal Court of the county from which the animal was seized to defray the
15
cost of minimum care pursuant to subsection (5) of this section within 10 calendar days
of the seizure or the animal will be deemed abandoned and forfeited; and
(e) A statement that the owner has a right to petition the Yakima Municipal Court for a
civil hearing for immediate return of the animal and that in order to receive a hearing, the
owner or owner's agent must post a bond as described in Subsection (5) and request a
civil hearing by signing and returning to the court an enclosed petition within 10 calendar
days after the date of seizure. The enclosed petition must be in substantially the same
form as set forth in 6.20.320(7).
(f) No person other than the dog's owner may object to the declaration.
(5) When an animal is seized pursuant to this section or sections, the owner shall post a bond
with the Municipal Court in an amount sufficient to provide minimum care for each animal seized
for 30 days, including the day the animal was seized, regardless of whether the animal is the
subject of a criminal charge. Such bond shall be filed with the clerk of the Yakima Municipal
Court within 10 calendar days after the day the animal is seized.
If an owner fails to post a bond by 3:30 pm on the 10th day after the day the animal was seized
or after notice, whichever is later in time, the owner waives the right to file a petition under this
subsection and the animal is deemed abandoned and the owner's interest in the animal is
forfeited to the custodial agency by operation of law in accordance with the notice provided in
subsection (4) of this section.
(a.) A petition required by subsection (4)(e) of this section may be filed in the City of
Yakima Municipal Court concerning any animal seized pursuant to this section. Copies of the
petition must be served on the law enforcement agency or animal care and control agency
responsible for seizing the animal and the prosecuting attorney.
(b.) An owner's failure to file a written petition by 3:30 p.m. on the 10th calendar day
after the day the animal was seized shall constitute a waiver of the right to file a petition under
this subsection and the animal is deemed abandoned and the owner's interest in the animal is
forfeited to the custodial agency by operation of law unless a bond has been posted pursuant to
this subsection (5).
(c.). At the hearing requested by the owner, the respondent shall have the burden of
establishing by a preponderance of the evidence that the seized animal was subjected to a
violation of this chapter. The owner shall have an opportunity to be heard before the court
makes its final finding. If the court finds the respondent has met it's burden, the court shall order
the owner to post bond, if one has not already been posted, as required by this subsection (5)
within 72 hours of the hearing, and if the owner fails to do so, the seized animal is deemed
abandoned and the owner's interest in the animal is forfeited to the custodial agency by
operation of law. If the respondent does not meet its burden of proof, the court may order the
animal returned to the owner at no cost to the owner, subject to conditions set by the court. If
the court orders the retum of an animal to the owner, the court may also order:
(i) A full refund of the bond posted pursuant to this subsection (5) by the owner for the
care of the animal.
(ii) If a bond has been posted in accordance with this subsection (5), subsequent court
proceedings shall be given court calendar priority so long as the animal remains in the custody
of the custodial agency and the custodial agency may draw from the bond the actual reasonable
16
costs incurred by the agency in providing minimum care to the animal from the date of seizure
to the date of final disposition of the animal in the criminal action.
(d.) At the end of the time for which expenses are covered by the bond, if the owner
seeks to prevent disposition of the animal by the custodial agency, the owner shall post a new
bond with the court within 72 hours following the prior bond's expiration. If an owner fails to post
or renew a bond as required under this subsection (5), the animal is deemed abandoned and
the owner's interest in the animal is forfeited to the custodial agency by operation of law.
(e.) For the purposes of this section, "animal' includes all unborn offspring of the seized
animal and all offspring of the seized animal born after the animal was seized.
(6) When an animal is seized from a person prohibited from owning, caring for, or possessing,
or residing with animals under the Problem Pet Owner section of this code or an order issued by
any court, the animal is immediately and permanently forfeited by operation of law to the
custodial agency, and no court action is necessary.
(7) If an animal is forfeited to a custodial agency according to the provisions of this section, the
agency to which the animal was forfeited may place the animal with a new owner; provided that
the agency may not place the animal with family member or friends of the former owner or with
anyone who lives in the same household as the former owner. At the time of placement, the
agency must provide the new owner with notice that it may constitute a crime for the former
owner to own, care for, possess, or reside with the animal at any time in the future.
(8) A custodial agency may authorize a veterinarian or veterinary technician licensed in the
State of Washington or a certified euthanasia technician certified in the State of Washington to
euthanize a seized animal for humane reasons at any time if the animal is severely injured, sick,
diseased, or suffering.
(9) Nothing in this chapter shall be construed to prevent the voluntary, permanent
relinquishment of any animal by its owner to a law enforcement officer, animal control officer, or
animal care and control agency. Voluntary relinquishment has no effect on the criminal charges
that may be pursued by the appropriate authorities.
(10) Nothing in this chapter requires court action for taking custody of, caring for, and properly
disposing of stray, feral, at -large, or abandoned animals, or wild animals not owned or kept as
pets or livestock, as lawfully performed by law enforcement agencies or animal care and control
agencies.
(11) Any authorized person treating or attempting to restore an animal to health under this
chapter shall not be civilly or criminally liable for such action. (Ord. 2023-013 § 1, 2023; Ord.
2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005.
Formerly 6.20.170).
6.20.124 Abandonment of animals prohibited.
(1) It is unlawful for any person to leave any animal unattended for more than twenty-four
hours without minimum care, including necessary water, food, shelter, sanitation, ventilation,
rest and medical attention.
17
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2005-69 § 1 (part), 2005. Formerly 6.20.180).
6.20.125 Confinement in motor vehicle prohibited.
RCW 16.52.340, is hereby adopted by reference as currently enacted or as hereafter amended
or recodified from time to time.
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2005-69 § 1 (part), 2005. Formerly 6.20.190).
6.20.126 Pet animals —Taking, concealing, injuring, killing, etc. —Penalty.
(1) RCW 9.08.070, is hereby adopted by reference as currently enacted or as hereafter
amended or recodified from time to time.
(2) The sale, receipt, or transfer of each individual pet animal in violation of this section
constitutes a separate offense.
(3) The provisions of this section shall not apply to the lawful acts of any employees, agent, or
director of any Humane Society, animal control agency, or animal shelter operated by or on
behalf of any govemment agency operating under law. (Ord. 2023-013 § 1, 2023; Ord. 2018-
037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005. Formerly
6.20.200).
6.20.127 Keeping in nauseous manner.
It is unlawful for any person to keep, harbor or maintain any animal or fowl, in any pen, kennel,
yard, enclosure or building such a manner as to be nauseous, foul or offensive, and any such
animal or fowl or condition or manner of maintenance is declared to be a nuisance and guilty of
a misdemeanor. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018: Ord. 2005-69 § 1 (part), 2005. Formerly 6.20.220).
6.20.128 Presumption of ownership.
The owner or rightful occupant of any premises is presumed to own any animal kept at the
premises. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part),
2018: Ord. 2005-69 § 1 (part), 2005. Formerly 6.20.270).
HUMAN RESPONSIBILITY FOR DOGS
6.20.130 Control of dogs.
It is unlawful for any person to permit any dog to engage in any of the following behavior:
(1) A dog is at large; or
(2) An unprovoked dog chases or approaches a person or domestic animal upon any public or
private property in a menacing fashion or apparent attitude of attack, which may include but is
not limited to any one or more of the following behaviors: snarling, baring teeth, growling,
snapping, pouncing, lunging, attacking, or attempting to bite; or
18
(3) An unprovoked dog causes physical
private property; or
n
ury to a human or domestic animal on public or
(4) An unprovoked dog inflicts serious physical injury and/or severe injury on or kills a human
being; or
(5) An unprovoked dog that is off the owner's property either kills a domestic animal, inflicts
injuries requiring a domestic animal to be euthanized, or causes bite injury to a domestic animal
or person.
Any violation of subsection (1) or (2) of this section is a civil infraction.
Any violation of subsection (3) of this section is a misdemeanor.
Under subsection (2) or (3) of this section, it shall be an affirmative defense that a human over
the age of thirteen or a domestic animal that is injured, chased, or menaced by the dog in
question was on the property of the owner of said dog without such owner's permission.
Any violation of subsection (4) or (5) of this section is a gross misdemeanor. (Ord. 2023-
013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2015-003
§ 1 (part), 2015: Ord. 2005-69 § 1 (part), 2005).
6.20.135 Declaration of dogs as dangerous or potentially dangerous —Procedure.
(1) An animal control officer may classify and declare a dog dangerous or potentially
dangerous if the animal control officer has probable cause to believe that the dog falls within the
definitions set forth in YMC 6.20.010. The finding must be based upon:
(A) A written complaint by an identified person; or
(B) Any dog bite report filed with the department; or
(C) Actions of the dog witnessed by any animal control officer or law enforcement officer;
or
(D) Other substantial evidence.
(2) The declaration of dangerous dog or potentially dangerous dog shall be in writing and shall
be served on the purported owner in one of the following methods:
(A) Certified and regular mail to the owner's last known address; or
(B) Personal service on the owner; or
(C) Personal service upon any person of suitable age and discretion residing at the
owner's residence; or
(D) If the owner is unknown, posting at the location where the dog was impounded.
19
(3) The declaration shall state at least:
(A) Description of the dog;
(B) The name and address of the purported owner of the dog, if known;
(C) The whereabouts of the dog, if it is not in the custody of the owner;
(D) A summary of the facts upon which the declaration of dangerous dog or potentially
dangerous dog is based, including the definition of dangerous dog or potentially
dangerous dog under which the declaration is being made;
(E) The availability of a hearing if the person objects to the declaration or determination
of purported ownership, if a request is made within ten days of the date of service or
mailing;
(F) A summary of the restrictions placed on the dog as a result of the declaration; and
(G) A summary of the potential penalties for violation of the restrictions, including the
possibility of destruction of the animal and imprisonment or fining of the owner.
(H) The declaration by the department, if not appealed within 10 days, shall be final.
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part),
2018).
6.20.136 Hearing procedure —Dangerous or Potentially Dangerous Dog(s).
(1) If the purported owner of the dog(s) wishes to contest the declaration of dog(s) as
dangerous or potentially dangerous, he or she may request a hearing before the Yakima
municipal court by filing a written request in a form consistent with YMC 6.20.320(7) for hearing
with the court within ten days of service or mailing of the declaration that the dog is dangerous
or potentially dangerous. The hearing shall be held within ten days from the filing of the written
request for hearing; provided, however, that such hearing may be continued by the court for
good cause. No person other than the dog's owner may object to the declaration.
(2) At the hearing, the city shall bear the burden of proving that the dog is dangerous or
potentially dangerous by a preponderance of the evidence. The judge may declare a dog
potentially dangerous instead of dangerous if the evidence supports the lesser classification.
(3) Dangerous Dogs.
(A) Any dog declared to be dangerous shall, after the exhaustion of any hearing, be
humanely euthanized. Upon application of the owner to the court, however, a dangerous
dog may be either:
(i) sent at the owner's expense to a secure dog shelter and maintained at all
times in compliance with RCW Chapter 16.08; or
20
(ii) removed from the city and maintained at all times in compliance with RCW
Chapter 16.08 at the owner's expense.
The owner is responsible for paying all expenses incurred by the city for the care
of the animal. The owner shall bear the burden to establish that an animal shelter
is available that meets the criteria for a secure dog shelter, that the animal
shelter will accept the animal, and that the owner is willing and able to pay all
expenses for transporting the animal.
(iii) To meet his or her burden, the owner must provide the court with (1) proof
that all conditions required by Chapter 16.08 RCW and all other conditions
required by state or local law for maintaining a dangerous animal have been met;
(2) written proof that the animal control authority in the jurisdiction to which the
animal is being moved has been informed of the relocation; (3) written proof that
the animal control authority in the jurisdiction to which the animal is being moved
has consented to the relocation; (4) written agreement by the dog's owner to
indemnify and hold the city harmless from any and all future liability including any
and all claims, demands, damages, liabilities, causes, suits or action of any kind
or nature whatsoever relative to past or future care and custody of the animal
and to the dog's future behavior. If any of the above requirements are not met,
the dog shall not be released and shall be humanely euthanized. The dog's
owner is responsible for all boarding expenses between the issuance of the
court's order declaring the dog to be dangerous and the time it is determined that
the dog will or will not be released to a secure dog shelter or location out of the
city.
(B) If the court finds a dog to be dangerous, the court shall enter an order so stating and
shall direct that the dog be humanely euthanized. The court will consider directing that a
dog be sent to a secure dog shelter or removed from the city and maintained at all times in
compliance with Chapter 16.08 RCW only upon request of the owner.
(4) Potentially Dangerous Dogs.
(A) Any dog declared to be potentially dangerous shall, after the exhaustion of any
hearing afforded by this section, in addition to any other requirements of this chapter, be
ordered by the court or required by the department to maintain additional conditions of
confinement, registration, insurance coverage, posting of warning signs, and maintenance
of a secure dog run. The court shall order that the potentially dangerous dog be spayed or
neutered and microchipped.
(B) Should the owner choose not to meet the requirements as imposed by the court
and/or the department, after the exhaustion of any hearing, the dog shall be humanely
euthanized. Upon application of the owner to the court, however, a potentially dangerous
dog may be either
(i) sent at the owner's expense to a secure dog shelter and maintained at all
times in compliance with RCW Chapter 16.08; or
21
(ii) removed from the city and maintained at all times in compliance with RCW
Chapter 16.08 at the owner's expense.
(C) The owner is responsible for paying all expenses incurred by the city for the care of the
animal. The owner shall bear the burden to establish that an animal shelter is available that
meets the criteria for a secure dog shelter, that the animal shelter will accept the animal, and
that the owner is willing and able to pay all expenses for transporting the animal.5) The finding
of the Municipal Court that a dog is dangerous or potentially dangerous may not be appealed
under this section.
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018).
6.20.137 Confinement and control of dangerous dogs.
(1) When a dog is declared a dangerous dog, the dog shall be impounded. Such dog shall be
held in the animal shelter or a secure veterinary hospital until a hearing is held to determine the
dog's status or the deadline for requesting such a hearing has passed. Upon demand, the
owner of a dog that is declared dangerous shall immediately surrender the dog to an animal
control officer or police officer. Refusal to surrender a dog that is declared dangerous to an
animal control officer or police officer is a gross misdemeanor.
(2) The owner of the dog is responsible for all costs incurred as a result of the impoundment
and/or holding of the dog declared dangerous. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1
(part), 2018: Ord. 2018-021 § 1 (part), 2018).
6.20.138 Confinement and control of potentially danger dogs.
(1) When a dog is declared a potentially dangerous dog, the dog may be impounded. Such
dog may be held in the animal shelter, a secure veterinary hospital, within the residence, or a
secure kennel on the property where the dog lives until a hearing is held to determine the dog's
status or the deadline for requesting the hearing has passed. Upon demand by the department,
the owner of the dog that is declared potentially dangerous shall immediately allow the
impoundment of the dog by an animal control officer or police officer. Refusal to allow the
impoundment of a dog that is declared potentially dangerous by an animal control officer or
police officer is a gross misdemeanor.
(2) The owner of the dog is responsible for all costs incurred as a result of the impoundment
and/or holding of the dog declared potentially dangerous.
(3) Within ten days following a declaration of potentially dangerous dog, and the exhaustion of
any appeal therefrom, the owner of a potentially dangerous dog shall obtain a certificate of
registration for such dog from the department and shall be required to pay a fee for such
certificate of registration, have the dog implanted with a microchip, and provide the microchip
number to the department.
(4) Any dog declared to be potentially dangerous shall, after the exhaustion of any appeal,
may only be issued a certificate of registration to the owner of such animal if the owner presents
to the department sufficient evidence of:
22
(i) A proper enclosure to confine a dangerous/potentially dangerous dog and the
posting of the premises with a clearly visible warning sign 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/potentially
dangerous dog;
(ii) 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 two hundred fifty
thousand dollars, payable to any person injured by the dangerous/potentially
dangerous dog; or
(iii) 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 two hundred fifty
thousand dollars, insuring the owner for any personal injuries inflicted by the
dangerous/potentially dangerous dog.
(iiii) Proof of microchipping including the microchip number and name of
company/website which keeps the record for the microchip.
(5) The owner of a potentially dangerous dog shall pay an annual renewal fee for such
certificate of registration. Amount of the registration fee can be found in the Master Fee
Ordinance.
(6) The owner of a potentially dangerous dog shall allow an annual inspection of a proper
enclosure that holds the dog. If the proper enclosure is a residence, the inspection shall be
limited to the exterior of the residence. Refusal to allow an annual inspection is a violation. An
owner who refuses to allow an annual inspection shall have his or her registration revoked.
(7) Should the owner of a potentially dangerous dog fail to comply with sections 6.20.139,
6.20.140 or any other condition required by the department, the owner may have his or her
registration revoked and may be fined for each violation. The City is authorized to seize and
impound the potentially dangerous dog of any such owner and euthanize said dog pursuant to
the procedures set forth in section 6.20.136 The owner is subject to boarding charges and all
penalties set forth in this chapter which are applicable.
(8) This section applies to any dog declared potentially dangerous under any prior ordinance
and prior to the effective date of this ordinance.
6.20.139 Requirements of restraint for potentially dangerous dogs.
(1) From the date of the declaration of a dog as potentially dangerous by the department,
unless and until the said declaration shall be rescinded and the restrictions imposed thereby
annulled, it shall be unlawful for any person to allow or permit such dog to:
(A) be unconfined on the premises of such person; or
(B) go beyond the premises of such person unless such dog is muzzled and
restrained by a substantial chain leash, or other substantial leash, and under 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.
23
The department may impose any additional restrictions for potentially dangerous dogs, as now
exists or as may be amended hereafter.
(2) These requirements take effect immediately upon notification that the dog is declared
potentially dangerous and remain in force during any appeal of a declaration that a dog is
potentially dangerous. Failure to comply with restraint requirements, may lead to the dog being
impounded and held at the owner's expense until the hearing or further action is taken.
(4) This section also applies to any dog declared potentially dangerous under any prior
ordinance and prior to the effective date of this ordinance. Any dog declared potentially
dangerous prior to the effective date of this ordinance must comply with all conditions imposed
by the animal control authority.
6.20.140 Duty to notify status of dangerous/potentially dangerous dog.
The owner shall immediately notify the animal control authority of the City, followed by written
notice to the department, when a dog which has been classified as dangerous/potentially
dangerous:
(1) is loose or unconfined; provided that, the owner shall first call 911; or
(2) has bitten a human being or attacked another animal; provided that, the owner shall first
call 911; or
(3) is sold or given away; or
(4) is moved to another address; or
(5) dies or is euthanized.
(A) If a dangerous/potentially dangerous dog dies or is euthanized, the owner shall
provide the animal control authority with the location where the dog was disposed of
and, if applicable, where the dog was euthanized.
(B) Prior to a dangerous/potentially dangerous dog being sold or given away, the owner
shall provide the name, address, and telephone number of the new owner to the animal
control authority and or the department. The new owner shall comply with all the
requirements of this chapter. Should the owner of a dangerous/potentially dangerous
dog fail to provide such notification, the city is authorized to seize and impound any such
dog and euthanize said dog pursuant to the procedures set forth in section 6.20.300.
The owner is subject to boarding charges as set forth in section 6.20.320, in addition to
all penalties set forth in this chapter.
(6) This section also applies to any dog declared dangerous/potentially dangerous under any
prior ordinance and prior to the effective date of this ordinance.
(7) Any person desiring to bring a dog to live in the City which has been previously declared
to be potentially dangerous, dangerous, or vicious, or similar designation in another jurisdiction,
must notify the animal control authority of the City prior to moving the dog to the City. The
person must provide all information requested by the animal control authority and must comply
with all restrictions imposed by the animal control authority. There is no right to bring into the
24
City a dog that has been the subject of a declaration or similar process in another jurisdiction
and the animal control authority with determine whether such a dog will be licensed and
permitted to reside in the City.
(8) If the animal control authority determines that the dog's behavior that led to another
jurisdiction's determination that the dog is potentially dangerous, dangerous, vicious, or similar
designation would lead to a declaration as a dangerous dog under the municipal code in effect
at the time of the proposed move, it shall not permit the dog to be licensed or to remain in the
City and shall notify the dog's owner, either personally or via mail at the address provided by the
owner.
(9) Any person who knowingly brings a dog into the City or fails to remove a dog from the City
after the animal control authority has notified the person that the dog is not allowed in the City is
guilty of a gross misdemeanor.
(10) Any person who fails to notify the animal control authority that he or she has brought a
dog covered by this section into the City is guilty of a misdemeanor.
(11) Any person visiting the City with a dog which has been previously declared to be
potentially dangerous, dangerous, vicious, or similar designation in another jurisdiction, must
notify the animal control authority and obtain permission to do so from the animal control
authority prior to bringing the dog into the City and must comply with all the requirements of this
code.
(12) Any dog brought into the City in violation of this section may be impounded.
6.20.141 Confiscation and destruction of potentially dangerous dog.
Any potentially dangerous dog shall be immediately confiscated by the City if:
(1) the dog is not validly registered and licensed under this chapter or RCW 16.08; or
(2) the owner does not maintain liability insurance coverage as required for potentially
dangerous dogs; or
(3) the dog is unconfined; or
(4) the dog is outside of the dwelling of the owner and not under adequate physical restraint
of a responsible person; or
(5) the owner fails to comply with any of the provisions of this chapter.
Any potentially dangerous dog confiscated pursuant to this chapter shall be returned to the
owner upon the owner's compliance with this chapter. However, if the owner does not comply
with the requirements of this chapter within 72 hours following confiscation of said dog, said dog
be euthanized in an expeditious and humane manner, except as otherwise specifically provided
in this chapter. The owner is subject to boarding charges and fees as set forth by the animal
shelter, in addition to all penalties set forth in this chapter.
This section also applies to any dog declared as potentially dangerous under any prior
ordinance and prior to the effective date of this ordinance.
6.20.142 Penalty for violation as to potentially dangerous dog - misdemeanor.
Any violation of this chapter as to a potentially dangerous dog is a misdemeanor.
6.20.145 Possession of dangerous dogs prohibited.
25
The possession of dangerous dogs is prohibited, including dogs declared dangerous in any
other jurisdiction. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018).
6.20.147 Penalty for violation as to dangerous dog —Gross misdemeanor.
Unless otherwise specifically stated, any violation of this chapter as to a dangerous dog is a
gross misdemeanor. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021
§ 1 (part), 2018).
6.20.148 Directing dog to harass or attack —Gross misdemeanor.
It shall be unlawful for any person having control or custody of any dog to direct, encourage,
cause, allow, or otherwise aid or assist any dog to threaten, charge at, bite, harass, menace, or
attack any person within the city. Any such animal may be seized and impounded. Any violation
of this section is a gross misdemeanor.
It shall be an affirmative defense to any prosecution under this section that the defendant acted
in self-defense. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018).
6.20.149 Use of dog in illegal activity prohibited —Gross misdemeanor.
No person shall keep, maintain, control, or retain custody of any dog in conjunction with or for
the purpose, whether in whole or in part, of aiding, abetting, or conducting any illegal activity or
committing any crime within the city. Any such animal may be seized and impounded. Any
violation of this section is a gross misdemeanor. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1
(part), 2018: Ord. 2018-021 § 1 (part), 2018).
6.20.150 Dog in estrus at large prohibited.
It is unlawful for any person to permit a female dog in estrus, also known as being in season or
in heat, to be accessible to any male dog not owned by the female dog's owner, except by the
agreement of the owners of both the male and female dogs for the purpose of controlled
breeding for the betterment of the breed. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part),
2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.160 Restraint within quarantine area.
Any dog or other animal that inflicts a bite upon a human or domestic animal, or which an
animal control officer has probable cause to believe is carrying or infected by a disease which
threatens the health of human beings or other animals, may be quarantined by an animal
control officer. At the discretion of the animal control officer, the dog or other animal may be
quarantined either at the animal owner's residence or at the city animal shelter. The quarantine
shall be for a minimum of ten days and may be extended by the animal control officer for a
reasonable period necessary to ensure the dog or other animal is free of infectious disease.
Notwithstanding any other provision of this code, a dog or other animal that is determined by a
veterinarian licensed under RCW Chapter 18.92 to carry a disease that threatens the health of
human beings or other animals may be immediately destroyed where such action is necessary
to protect the health of human beings or other animals.
26
It is unlawful for any person to permit any animal to leave the confines of any quarantine area. A
violation of this section is a misdemeanor. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part),
2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.195 Dog tethering - Penalty.
RCW 16.52.350 is adopted by reference. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part),
2018: Ord. 2018-021 § 1 (part), 2018).
6.20.210 Removal of dog waste from public areas.
It is unlawful for the owner or other person with custody of a dog to fail to remove any feces
excreted by the dog from any public place not designed to receive dog waste, including without
limitation streets, sidewalks, parking strips and public parks, or any private place off the dog
owner's premises. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.230 Injury to property.
It is unlawful for any person owning or having the control of any dog to permit the same to
trespass upon private or public property and damage or destroy any property or thing of value,
and any such dog is declared to be a nuisance and may be seized and impounded as provided
in this chapter. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.240 Rabies inoculation required —Exception.
No person may keep any adult dog unless that dog has been inoculated against rabies, unless
the dog has, for medical reasons stated in writing by a licensed veterinarian, been specifically
exempted from rabies inoculation. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018:
Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.280 Barking dogs prohibited.
(1) It is unlawful for any person in control of premises to keep, harbor or maintain thereon any
dog or dogs which individually or together habitually bark, growl, yelp, howl or whine so loudly
and for such a duration of fifteen minutes or more substantiated by a verified complaint.
Consistent but intermittent noise for the specified time period may be considered.
(2) A violation of this section is a civil infraction punishable by a two hundred fifty dollar fine.
(3) It shall be an affirmative defense to subsection (1) of this section that the howling, yelping,
barking or other noise complained of was by a guard dog or watch dog which was responding to
intruders, trespassers or other persons entering onto or near the premises of the dog owner.
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2005-69 § 1 (part), 2005).
6.20.290 Dog bites to be reported.
Any person who is bitten by a dog, or who otherwise is exposed to dog saliva through an open
wound on the person, or any doctor, veterinarian or hospital employee having information that a
27
person has been bitten by a dog or has otherwise been exposed to dog saliva through an open
wound within the city of Yakima shall notify the department of such bite or exposure, giving the
description of the dog, the name and address of the owner, and the location of the incident, if
known to said person. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021
§ 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
HUMAN RESPONSIBILITY FOR CATS
6.20.292 Definitions.
(1) "Cat caregiver" means any person who, in accordance with and pursuant to a policy of
Trap -Alter -Return, provides care, including food, shelter or medical care to a feral or roaming
cat, while not being considered the owner, harborer, controller, or keeper of the roaming or feral
cat.
(2) "Feral cat" means any unidentified wild or untamed cat.
(3) "Roaming cat" means any unidentified homeless or stray socialized cat.
(4) "Identified cat" means a cat bearing a collar with valid owner contact information or a cat
implanted with a registered microchip allowing ownership information to be ascertained.
(5) "Trap -Alter -Return (TAR)" means the process of humanely trapping, altering, vaccinating
for rabies, ear tipping, and returning a roaming or feral cat to the area in which the cat was
initially trapped. (Ord. 2023-013 § 1, 2023).
6.20.293 Control of unaltered cats.
It is unlawful for any cat animal owner to permit an unaltered cat of six months or older to be at
large. (Ord. 2023-013 § 1, 2023).
6.20.294 Permitted acts, Trap -Alter -Return.
1. Trapping, for the sole purpose of altering, vaccinating for rabies and ear tipping roaming
and feral cats, with the cooperation or involvement of a licensed veterinarian.
2. A cat that has been trapped and altered, as described above, will be returned to the
location where initially trapped unless veterinary care is required.
3. Cat caregivers are empowered to reclaim trapped roaming or feral cats without proof of
ownership solely for the purpose of carrying out Trap -Alter -Return activity.
4. A person who returns a cat to its original location while conducting Trap -Alter -Return is not
deemed to have abandoned the cat. (Ord. 2023-013 § 1, 2023).
6.20.295 Nauseous condition prohibited.
It is unlawful for a cat caretaker to allow their caretaking activity to create a nauseous, foul or
offensive condition on their property, such condition is declared to be a nuisance. Allowing such
condition is a misdemeanor. (Ord. 2023-013 § 1, 2023).
28
6.20.296 Feeding on public property prohibited.
It is unlawful to feed a feral or roaming cat on public property.
IMPOUNDMENT
6.20.300 Impoundment.
Dogs found or reasonably believed to be kept in violation of this chapter may be impounded by
the department. If impounded, a dog shall not be redeemed until it has been microchipped at
the owners expense; provided, that if a complaint identifying the dog owner of a dog at large, a
barking dog or an unlicensed dog is received and the dog owner can be immediately located,
the dog shall be left with the dog owner, and a summons, notice to appear in regard to the
violation, or an infraction citation may be issued to such dog owner. (Ord. 2023-013 § 1, 2023;
Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2007-11 § 3, 2007: Ord.
2005-69 § 1 (part), 2005).
6.20.305 Interference with impounding.
It is unlawful for any person to refuse to surrender or interfere to any law enforcement or animal
control officer of the city of Yakima any dog or dogs sought to be confiscated or impounded
under the provisions of this chapter of the city of Yakima Municipal Code. A violation of this
section is a gross misdemeanor. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord.
2018-021 § 1 (part), 2018: Ord. 2007-11 § 4, 2007: Ord. 2005-69 § 1 (part), 2005).
6.20.310 Notice of impoundment.
Upon impoundment of any dog or other animal, the impounding authority shall immediately
notify the owner in writing, if known. Such written notice shall be served upon the owner, if the
owner is not present, then upon any person of suitable age and discretion residing at the
owner's residence. Contained within such written notice shall be a description of the dog or
other animal, any license number, the reason for impoundment or confiscation, the terms upon
which such dog or other animal may be redeemed and the appeal process. If the owner of such
dog or other animal is unknown, then such written notice shall be posted as soon as possible
after confiscation or impoundment at the Humane Society of Central Washington.
The impoundment of a dangerous dog or potentially dangerous dog is subject to the notification
requirements in YMC 6.20.135 and 6.20.140.
The impoundment of animals due to an individual being declared a problem pet owner as
defined in YMC 6.20.500 is subject to the notification requirements of YMC 6.20.510.
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2005-69 § 1 (part), 2005).
6.20.320 Redemption of impounded animals —Exception.
(1) Subject to the provisions in this section the owner or owner's agent of any animal may
redeem the impounded animal within seventy-two hours, exclusive of Sundays and holidays,
after notice of the impoundment is given pursuant to YMC 6.20.310. This section does not apply
to the impoundment of a dog declared dangerous, declared potentially dangerous, animals
29
impounded as a result of animal cruelty, or an animal impounded as a result of an owner being
declared a problem pet owner.
(2) Redemption for each animal may be accomplished by payment of costs and fees as
determined by the animal shelter where the animal is held.
(3) The owner of an impounded animal who files paperwork to contest the validity of the
general impound may redeem the impounded animal from the animal shelter.
(4) The opportunity to redeem an animal under this section shall not be afforded to problem
pet owners, as defined in YMC 6.20.500, that are subject to a thirty -six-month prohibition on
animal ownership under YMC 6.20.510(4) or 6.20.530(4).
(5)(A) No unaltered dog that is impounded more than once in any twelve-month period may be
redeemed by any person until the animal is spayed or neutered. The alteration shall be
accomplished by the animal shelter or by any duly licensed veterinarian in Yakima County
authorized by the animal shelter. In all cases, the veterinarian fees shall be paid at the time of
redemption by the animal's owner. In the event that the animal shelter is unable to have such an
animal spayed or neutered in a timely manner, the animal shelter may, in its discretion, release
the animal to its owner subject to a written promise that the owner shall provide proof to the
department within ten business days that the animal has been spayed or neutered. Failure to
provide such proof is a violation and may result in the animal being impounded.
(B) Exceptions. The alteration shall not be required upon a showing of proof of alteration from
a licensed veterinarian. The alteration shall not be required if the owner or other person
redeeming the animal provides a written statement from a licensed veterinarian stating that the
spay or neuter procedure would be harmful to the animal.
(6) The daily boarding fees set forth in this section as costs to the individual redeeming an
impounded dog may be increased from time to time to reflect actual increased cost
assessments by the Humane Society for boarding city animal impounds.
(7) The owners of impounded animals have the right to appeal or contest the impoundment
and/or declarations made by the department. To appeal or contest the impoundment or
declaration, complete the following request and file with the Municipal Court within ten days of
the impoundment or declaration.
IN THE MUNICIPAL COURT OF THE STATE OF WASHINGTON
CITY OF YAKIMA
)
Petitioner,
vs.
)
) NO.
)
) IN RE THE ANIMAL IMPOUND OF A
) DOG NAMED
30
CITY OF YAKIMA, )
)
Respondent. )
)
)
COMES NOW (Petitioner), as owner of a
(breed) dog named to request the Court calendar this matter for
the following purpose: (must select one)
[ ] Contest the validity of a general impound; See General Impound on reverse
[ ] Contest the declaration of Dangerous Dog or Potentially Dangerous Dog as defined in
Yakima Municipal Code (YMC) 6.20.010; see reverse
[ ] Request the immediate return of an animal confiscated for animal cruelty reasons as
described in YMC 6.20.122(7).
[ ] Contest the declaration of, "Problem Pet Owner," as described in YMC 6.20.530
[ ] Other:
The dog is currently being held at the city impound facility. I understand that if I fail to
appear at the time set by the Court for the hearing, the Court shall enter an order finding
the motion(s) dismissed with prejudice.
Dated this day of , 20
Name:
Address:
Telephone:
It is hereby ORDERED:
[ ] This case may be set as requested;
[ ] This case may be set with the following amendment(s):
[ ] Motion is denied. Set no hearing;
[ ] Other:
Dated: Judge/Commissioner:
31
(Back of Notice) Applicable Yakima Municipal Codes (for the full text please see Yakima
Municipal Code Chapter 6.20 Animal Control)
GENERAL IMPOUND: 6.20.320(3) The owner of an impounded animal who desires to
contest the validity of the impoundment may redeem the impounded animal and serve a
copy of the petition for a hearing filed by the owner with Yakima Municipal Court to contest
the impound. The petition shall be in the form set forth in subsection (7) of this section.
DANGEROUS DOG. 6.20.136 Hearing procedure —Dangerous (1) If the purported owner
of the dog wishes to appeal the declaration that a dog is dangerous, he or she may
request a hearing before the Yakima Municipal Court by filing a written request for hearing
with the court within ten days of service of the declaration notice. The hearing shall be
held within ten days from the filing of the written request for hearing, provided, however,
that such hearing may be continued by the court for good cause. No person other than the
dog's owner may object to the declaration.
POTENTIALLY DANGEROUS DOG. 6.20.136 Hearing procedure —Potentially Dangerous
(1) If the purported owner of the dog wishes to appeal the declaration that a dog is
potentially dangerous, he or she may request a hearing before the Yakima Municipal
Court by filing a written request for hearing with the court within ten days of service of the
declaration notice. The hearing shall be held within ten days from the filing of the written
request for hearing, provided, however, that such hearing may be continued by the court
for good cause. No person other than the dog's owner may object to the declaration.
ANIMAL CRUELTY: 6.20.122 (4) Any owner whose domestic animal is removed pursuant
to this section or sections shall be given written notice within 72 hours following the
seizure of the circumstance of the removal, notice of the right to petition for the immediate
return of the animal by requesting a civil hearing in the Yakima Municipal Court before the
animal is deemed abandoned or forfeited. The notice shall be given by posting at the
place of seizure, by delivery to a person residing at the place of seizure, or by registered
mail is the owner is known or suspected to be known. Only one of the preceding methods
is needed for notice but an effort must be made to reach the animal owner.
Notice shall include:
(a) The name, business address, and telephone number of the law enforcement agency or
animal care and control agency responsible for seizing the animal;
(b) A description of the seized animal;
(c) The authority and purpose for the seizure, including the time, place, and circumstances
under which the animal was seized;
(d) A statement that the owner is responsible for the cost of care for an animal who was
lawfully seized, and that the owner will be required to post a bond with the clerk of the
Yakima Municipal Court of the county from which the animal was seized to defray the cost
of minimum care pursuant to subsection (5) of this section within 10 calendar days of the
seizure or the animal will be deemed abandoned and forfeited; and
(e) A statement that the owner has a right to petition the Yakima Municipal Court for a civil
hearing for immediate return of the animal and that in order to receive a hearing, the
owner or owner's agent must post a bond as described in Subsection (5) and request a
32
civil hearing by signing and returning to the court an enclosed petition within 10 calendar
days after the date of seizure. The enclosed petition must be in substantially the same
form as set forth in 6.20.320(7).
(f) No person other than the dog's owner may object to the declaration.
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2015-003 § 1 (part), 2015: Ord. 2009-61 § 2, 2009: Ord. 2007-58 § 2, 2007: Ord. 2007-42 § 1,
2007: Ord. 2007-11 § 5, 2007: Ord. 2005-69 § 1 (part), 2005).
6.20.330 Injured or diseased animals.
Any dog or other animal suffering from serious physical injury or disease may be humanely
destroyed by the impounding authority. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part),
2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
KENNELS
6.20.350 Kennel license —Requirements.
It is unlawful for any person to own, maintain or operate a kennel unless such person has
obtained the applicable license as provided hereinafter. If there is a change in the ownership of
any kennel, the new owner shall have the license transferred to his name upon receipt of a new
updated application and payment of a twenty -five -dollar transfer fee. (Ord. 2023-013 § 1, 2023;
Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.360 Kennel license —Application.
(1) Information Required. Any person making application for a kennel license shall submit to
the department the following information:
(A) The name, address and phone number of the owner of the kennel;
(B) The name, address and phone number of the person having primary supervision of
the kennel;
(C) The address or location and phone number of the kennel;
(D) The maximum number of adult dogs which the kennel will contain at any time;
(E) The name and address of the person designated by the applicant as agent for
service of legal process or notice;
(F) A statement giving permission for the inspection of the kennel at any reasonable
time;
(G) For all commercial and foster shelter kennels, a certificate of zoning compliance
issued by the appropriate department of the city of Yakima.
33
(2) Notice of Deficiencies. In the event any kennel license applicant fails to provide all required
information or fees, the department shall notify such applicant by first-class mail at the mailing
address stated on the application of any such deficiency, demanding that any required
information or fees be provided to the department within thirty days, and stating that if such
required information or fees are not timely received, any fees paid shall be forfeited and the
application shall be voided.
(3) Failure to Provide Information. If any applicant fails to timely provide information requested
under this section, a new application and fee shall be required after the thirty days have expired,
and any tag previously supplied shall be voided.
(4) Disposition of Fees Received. Any fees received by the department for applications that
cannot be processed shall be deposited into a special revenue account within the dog control
department fund and held in that fund for a period of not less than thirty days after notice of
deficiencies in the application is mailed to the applicant or until the required information or fees
are received. After thirty days have passed since the applicant was notified of any deficiency,
such fees shall become miscellaneous revenues. Any overpayment of fees shall be refunded to
the applicant if the request for overpayment refund is made within ninety days of such
overpayment.
(5) Appeals. Any decision made concerning the type of kennel to be licensed and the fee
required may be appealed to the appropriate licensing agency for the city of Yakima. Should the
appeal be determined in favor of the applicant, the excess of the license fee shall be refunded
from the date the appeal was filed, on a prorated monthly basis.
(6) Refunds. Any moneys from the initial application fees that cannot be processed shall be
deposited into a special revenue account in the dog control department fund as a special
revenue item at the end of the forfeiture period. Amounts not forfeited shall be deposited into the
kennel license fees category when correct fees are received. All refunds are to be made from
the kennel license fee revenue account upon completion of a completed and approved refund
request form. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.370 Kennel license —Fees and late penalties.
(1) The application for a kennel license or a hobby kennel license shall be accompanied by a
yearly fee as outlined in the city of Yakima master fee schedule upon submission, inspection
and approval of the enforcement agency and officer.
(2) A late penalty as outlined in the city of Yakima master fee resolution shall be assessed if
the license is not obtained by the thirty-first of January. (Ord. 2023-013 § 1, 2023; Ord. 2018-
037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.380 Kennel license —Inspection of facilities.
Upon initial application or upon renewal for a kennel license, the department or its designee
shall inspect the subject facilities to determine if they may properly be licensed. (Ord. 2023-
013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1
(part), 2005).
34
6.20.390 Kennel license —Display.
The license issued for a kennel shall be posted in a conspicuous place upon the premises
where such kennel is located. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord.
2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.410 Kennel license —Revocation, denial or refusal to renew.
A license for any kennel may be revoked, denied or not renewed for failure to comply with the
provisions of this chapter, and such action by the department shall be final and conclusive
unless within twenty days of written notification thereof an appeal is filed. (Ord. 2023-013 § 1,
2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part),
2005).
6.20.420 Kennel license —Records required.
Each kennel shall prepare, maintain and make available to the department a current record of
all dogs auctioned off, sold, let or otherwise disposed of, proof of vaccination, and a current
record of all dogs born within such facility or acquired from other sources. Such records shall
include the origin, the age and type of dog, and the name and address of the transferee or
transferor. A kennel shall have available for inspection at any time all required records, tags,
tattoos or microchip numbers for each dog. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part),
2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.430 Vaccination required.
Each kennel shall cause each dog owned or sold by it to receive current and proper
immunization for distemper, hepatitis, parainfluenza and parvovirus inoculation for dogs over
eight weeks of age and, in addition, rabies inoculation for dogs over four months of age.
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2005-69 § 1 (part), 2005).
PROBLEM PET OWNERS
6.20.500 Problem pet owners —Defined.
(1)
A problem owner is one who:
(A) Has committed three or more violations, as defined below, in one twenty -four -month
period; or
(B) Has committed two or more violations, as defined below, after having a dog owned
by him or her declared to be dangerous or potentially dangerous; or
(C) Has been convicted of animal abuse or cruelty under this code, another city code, or
the Revised Code of Washington in the past twelve months.
(2) For the purposes of YMC 6.20.500 through 6.20.540, "violation" means:
(A) A finding of committed on a civil infraction under this chapter;
35
(B) A conviction of a crime under this chapter or RCW 16.52, RCW 9.08, RCW 9.91.170,
or RCW 9.91.175;
(C) Any violation of this chapter that is proven by a preponderance of the evidence
regardless of whether the same act was charged as a civil infraction or crime. A civil
infraction or criminal charge which is subject to pretrial diversion may be counted as a
violation if the diversion agreement includes a stipulation to facts. Provided, however, that
a finding of not committed on a civil infraction or a verdict of not guilty on a criminal charge
precludes use of that act as a basis for a violation under this chapter.
(3) For the purposes of this chapter, multiple civil infractions occurring on the same day will
count as one violation. Each crime will count as one violation regardless of whether it was
committed on the same day as another crime or civil infraction.
(4) For the purposes of this chapter, the violations need not involve the same pet. (Ord. 2023-
013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018).
6.20.510 Problem pet owners —Revocation of license.
(1) The department may find and declare a person a problem pet owner if an animal control
officer has probable cause to believe that the person falls within the definition set forth in this
chapter. The department shall revoke all pet licenses issued to the problem owner. Proceedings
shall be instituted by service of a notice of problem pet owner.
(2) The notice of problem pet owner shall be in writing and shall be served on the owner in
one of the following methods:
(A) Mailed to the owner's last known address; or
(B) Personally.
(3) The notice of problem pet owner shall contain:
(A) Name and address of owner who is subject to the revocation;
(B) Names, descriptions, and license numbers of any pets licensed to the owner;
(C) Brief descriptions of the violations which form the basis of the revocation, including
case numbers, if any;
(D) Notification of the availability of a hearing in case the person objects to the
declaration, if a request is made within ten days of the date of personal service or mailing;
(E) A summary of the effects of the revocation of all pet licenses, requirements for
confinement or impound of pets, and the potential penalties for violation of the restrictions.
(4) A person who is a problem owner as defined in this chapter, is prohibited from licensing or
owning any animal in the city for a period of thirty-six months unless an appeal of the notice of
36
problem pet owner is filed with the Yakima municipal court in accordance with this chapter. The
problem owner shall surrender all animals to an animal control officer or police officer upon
demand of the officer. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021
§ 1 (part), 2018).
6.20.520 Confinement of pets owned by a problem pet owner.
(1) Upon service of a notice of problem pet owner, the animals owned by a person declared to
be a problem pet owner may be impounded if the department determines that impoundment is
in the interests of public safety or the health and welfare of the animals. Upon such a
determination by the department, an animal control officer or police officer may require that such
animals be held in the animal shelter or a secure veterinary hospital until a hearing is held to
determine the animal's status or the deadline for requesting a hearing regarding the declaration
of problem pet owner has passed. The owner shall immediately surrender the animals to an
animal control officer or police officer upon the order of that officer.
(2) If animals owned by a person declared to be a problem pet owner are not impounded, the
owner shall comply with all requirements imposed by the department. Failure to comply with all
requirements is a violation. It is a separate violation for each animal and each day of non-
compliance.
(3) In addition to the above requirements, upon the determination by the Yakima municipal
court that a person is a problem owner, or the end of the appeal period contained in this
Chapter, the problem owner shall immediately surrender all animals in his or her possession to
an animal control officer or police officer.
(4) Refusal by any person to surrender an animal owned by a person declared to be a
problem pet owner to an animal control officer or police officer is a misdemeanor. (Ord. 2023-
013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018).
6.20.530 Problem pet owner —Hearing procedure —Revocation of license.
(1) If the owner wishes to object to the revocation of a pet license, he or she may request a
hearing before the Yakima municipal court by filing a request for hearing with the court within
ten days of service of the notice of revocation.
(2) The department shall bear the burden of proving by a preponderance of the evidence that
the owner is a problem pet owner as defined in this chapter.
(3) A finding of committed on a civil infraction or a judgment of guilty in a criminal case is
dispositive that a violation occurred and no additional evidence is necessary to prove that
violation. A violation also may be proved through the testimony of witnesses, photographs, or
other evidence admitted by the court.
(4) If the court finds that the owner is a problem owner as defined in this chapter, it shall
revoke the licenses of all pets licensed to the owner and order that all pets licensed to the owner
be impounded by the department. Upon such a finding, the court shall order that the owner is
prohibited from licensing any pet in the city for a period of twenty-four months. Any pets
impounded under these circumstances may not be returned to any person residing at the same
37
address as the problem owner. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord.
2018-021 § 1 (part), 2018).
6.20.540 Possessing, harboring, or owning animal by problem owner —Misdemeanor.
It is a misdemeanor for any person who is a problem owner as defined in this chapter to
possess, harbor, or own an animal in the city of Yakima while a notice of problem pet owner is
in effect, except during the period an appeal of a notice of problem pet owner is pending. For
the purposes of this section, the term "animal" includes all animals, including, but not limited to,
dogs, cats, exotic animals, livestock, and poultry, regardless of whether the YMC requires a
license for the type of animal possessed. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part),
2018: Ord. 2018-021 § 1 (part), 2018).
PENALTIES
6.20.600 Penalties.
Any violation of this chapter that is designated as a gross misdemeanor is punishable by up to
three hundred sixty-four days in jail and a five thousand dollar fine. Any violation of this chapter
that is designated as a misdemeanor is punishable by up to ninety days in jail and a one
thousand dollar fine. Infractions are punishable as follows:
CODE CLASS PENALTY CHARGE
6.20.044 Inf. $250.00 Slaughter, dress, butcher animals/fowl
6.20.046 Inf. $250.00 Poultry at large
6.20.070 Inf. $250.00 Dog registration/license required
6.20.124 Inf. $250.00 Abandonment of animal
6.20.125 Inf. $125.00 Confinement in automobile
6.20.130(1) Inf. $250.00 Permit dog at large
6.20.130(2) Inf. $300.00 Permit dog at large —menaces
6.20.150 Inf. $300.00 Permit dog in estrus at large
6.20.210 Inf. $100.00 Fail to remove dog waste
6.20.230 Inf. $250.00 Allow dog to damage property
6.20.240 Inf. $200.00 Fail to provide dog rabies vaccine
6.20.280 Inf. $250.00 Barking dog
6.20.293 Inf. $300.00
6.20.296 Inf $125.00
6.20.320(5) Inf. $500.00
Control of unaltered cats
Feeding cat on public property
Fail to comply with conditions of redemption of
impounded animal
6.20.350 Inf. $500.00 Own/operate kennel w/o license
38
CODE CLASS PENALTY CHARGE
6.20.520(2) Inf. $500.00 Fail to comply with dept. requirements —problem pet
owner
(Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2005-69 § 1 (part), 2005. Formerly 6.20.440).
EXEMPTION
6.20.700 Exemption.
The provisions of this chapter shall not apply to any dog kept by any law enforcement agency
for law enforcement purposes. (Ord. 2023-013 § 1, 2023; Ord. 2018-037 § 1 (part), 2018: Ord.
2018-021 § 1 (part), 2018).
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 18th day of November,
2025.
ATTEST:
a...4.41J \ 9..41210)
osalinda Ibarra, City Clerk
Publication Date: November 22, 2025
Effective Date: December 22, 2025
Patricia Byer, Mayor