HomeMy WebLinkAbout01/24/2023 05. Discussion regarding updates to the Animal Control Ordinance 51l
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.
For Meeting of: January 24, 2023
ITEM TITLE: Discussion regarding updates to the Animal Control Ordinance
YMC 6.20
SUBMITTED BY: Glenn Denman, Code Administration Manager
Tony Doan, Supervising Code Inspector
*Cynthia Martinez, Senior Assistant City Attorney I I
SUMMARY EXPLANATION:
This is a proposal to revise Yakima Municipal Code Chapter 6.20 Animal Control.
Code Enforcement,Animal Control Officers, and City Legal have spent the past six months
working on this revision to have it reflect current practices, streamline procedures, and address
emergent issues. Staff is pleased to share this working draft for City Council discussion.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
1 Memo 1/13/2023 Omer Memo
L Proposed Ordinance 1/13/2023 Backup Material
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MEMORANDUM
Date: January 13, 2023
To: City Council
From: Cynthia Martinez, Senior Assistant City Attorney II
Tony Doan, Supervising Code Inspector
RE: Yakima Municipal Code Chapter 6.20 Revision (Animal Control)
Attached is a proposed Yakima Municipal Code Chapter 6.20 revision. Code Enforcement,
Animal Control Officers, and City Legal have spent the past six months working on this revision
to have it reflect current practices, streamline procedures, and address emergent issues. We are
pleased to share this working draft with you for comment.
The proposed changes:
• Strengthen dangerous dog definition
• Remove potentially dangerous dog classifications
• Remove levels of animal behavior
• Unify animal impound appeal timelines
• Increase and streamline dog license fees
• Reduce, "Poultry at Large," to an infraction, subject to a fine instead of
a crime
• Increase the threshold for a Barking Dog violation
• Added Human Responsibility for Cats regulations
• Updated the impound notice
• Increased the time of license suspension to three years for problem pet
owners
Drafting cat owner and caretaker regulations is a challenging task. There are volumes of cat
regulatory schemes from different jurisdictions. Some are longer than our current chapter 6.20
and include licensing requirements for cats. However, due to animal control staffing limitations,
we opted to draft a simpler statutory framework that would provide some additional tools to
encourage the reduction of the feral and roaming cat population, whilst allowing for residents to
engage in humane practices to aid cats in need, and at the same time hold cat caretakers
responsible for creating a nauseous situation.
Trap-Alter-Return (also called Trap, Neuter, Release (TNR) programs are recognized throughout
the country, have previously been publicized by the City of Yakima in press releases, and are
seen as a humane way to manage cat populations. There was a nonprofit in the Yakima area
dedicated to this practice, but due to lack of volunteers and money, no longer exists. However,
there are vets that offer trap-alter-return discounts in our community. The proposed regulation
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allows an individual to engage in this behavior without assuming legal ownership of the cat.
However, at times Trap-Alter-Return does lead to ownership.
Dog Licensing has been adjusted to offer two term options for the license holder. Dog owners will
be able to choose between 1 and 3 year license durations. A prerequisite to licensing is proof of
rabies vaccination. This vaccination expires every 3 years. The three year license allows for dog
owners to get a discounted license fee, which also creates a more efficient process for the animal
owner and the City. This proposed licensing language will assist in the City's plan to offer an
online licensing portal that is user friendly and has the potential to increase the number of dogs
that are licensed in the City of Yakima.
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ORDINANCE NO. 2022-
AN ORDINANCE amending the City of Yakima Chapter 6.20 Animal Control; expanding
dangerous dog definition, eliminating potentially dangerous dog, increasing
licensing fees, changes to reflect current practices and other housekeeping
measures.
WHEREAS, the Animal Control Ordinance was adopted in 2005 as part of a Yakima
Valley effort to have uniform animal control regulations; and
WHEREAS, the proposed amendments will streamline the Animal Control code
language, clarify citizen responsibilities, and the prosecution burden; and
WHEREAS,
WHEREAS,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1.
Chapter 6.20
ANIMAL CONTROL
Sections:
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.
REGISTRATION AND DOG LICENSING
6.20.070 Dog license—Required.
6.20.080 Dog license—Application.
6.20.090 Vaccination required for dog license.
6.20.100 Dog license—Fees.
6.20.110 Dog license—Applications and renewals.
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6.20.120 Incomplete applications.
HUMAN RESPONSIBILITY FOR DOGS
6.20.130 Control of dogs.
6.20.135 Declaration of dogs as dangerous or to atiall us—Procedure.
6.20.140 Hearing procedure—Dangerous dogs.
. . .
6.20.142 Confinement and control of dangerous dogs.
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.
6.20.170 Abuse of animals prohibited.
6.20.180 Abandonment of animals prohibited.
6.20.190 Confinement in motor vehicle prohibited.
6.20.195 Dog tethering.
6.20.200 Pet animals—Taking, concealing, injuring, killing, etc.—Penalty.
6.20.210 Removal of dog waste from public areas.
6.20.220 Keeping in nauseous manner.
6.20.230 Injury to property.
6.20.240 Rabies inoculation required—Exception.
6.20.270 Presumption of ownership.
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
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.
KENNELS
6.20.350 Kennel license—Requirements.
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6.20.360 Kennel license—Application.
6.20.370 Kennel license—Fees and late penalties.
6.20.380 Kennel license—Inspection of facilities.
6.20.390 Kennel license—Display.
6.20.400 Kennel license—Expiration and renewal.
6.20.410 Kennel license—Revocation, denial or refusal to renew.
6.20.420 Kennel license—Records required.
6.20.430 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.
PENALTIES
6.20.600 Penalties.
EXEMPTION
6.20.700 Exemption.
GENERAL REGULATIONS
6.20.010 Definitions.
The following words and phrases used or referred to in this chapter shall have the following
meanings unless a different meaning appears from the context:
(1) "Adult dog" me c any dog having a set of permanent canine teeth, or older than six
months of age.
(2) "Aggressive behavior" m ans 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.
(3) "Altered" means any animal that is spayed or neutered.
(34) "Animal" means any dog, cat, exotic, wild or dangerous animal or livestock.
(45) "Animal owner" me v any person or legal entity having a possessory property right in an
animal or who regularly provides food, water, 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 seventy-two hours.
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(66) "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.
(67) "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. Exceptions: "at large" does not include:
(A) Dogs exhibited in dog shows, field trials, obedience training or trials, or the training of
dogs therefor; or
(B) The use of a dog under the supervision of a person either to hunt wild animals or
game birds during the open seasons therefor, or to chase or tree predatory animals, 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.
p3) "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, causing an exchange or transfer of saliva.
(69) "Board" means the city of Yakima city council.
(g10) "Capable person" mans 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.
(1011) "County" means the unincorporated area of Yakima County, Washington.
(1112) "Dangerous dog" m ns any dog that:
A. Unprovoked, inflicts severe injury on or kills a human being on public or private
; or
B. Unprovoked and while at large or off the owner's property, either kills a domestic
animal or inflicts a bite injuryies requiring on a domestic animal or human while on public
or private property; to be euthanized; or
C. While under quarantine bites a person or domestic animal; or
D Was previously declared to be a potentially dangerous dog, the owner having
received notice of such declaration, and the dog is again found to have engaged in
ED. Is owned or harbored primarily or in part for the purpose of dog fighting or is a dog
trained for dog fighting; or
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F. Unprovoked, attacks a "dog guide" or "service animal' as defined in
Chapter 70.8'I RCW and inflicts injuries that render the dog guide or service animal to r
permanently unable to perform its guide or service duties.
(123) "Department" mans!_the city of Yakima aAnimal GControl dDepartment, Yakima Police
Department, or Code Enforcement Department.
(13/1) "Domestic animal" means a tame animal living in the home or on the property, and
which is also a type of animal commonly used by people for companionship, work, or as a food
source.
(145) "Head of the#Household"m ans any person who owns, leases or otherwise controls
any private premises.
(1 _) "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 six or moreover 5 cats or four orover 3 more 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.
(167) "Litter" means two or more viable offspring.
(18) "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.
(189) "Microchip"means a device implanted for identification purposes and registered in the
database of an animal care and control agency.
(1920) "Nuisance" me s any unlawful act, or failure to perform a duty, which act or failure
either annoys, injures or endangers the comfort, repose, health or safety of other persons, or
interferes with other persons' use of property.
(201) "Permit" and includes human conduct that is intentional, deliberate, careless,
inadvertent or negligent in relation to any animal owned by the person.
(242) "Person" mans any individual, natural person, association, firm, partnership,
corporation or other legal entity.
(223) "Physical injury" m ns 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.
(23) "Potentially dangerous dog" me ; any dog which:
(A) Unprovoked, bites or injures a human or domestic animal on public or private
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(B) Unprovoked, chases or appro 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,
(C) Has a known propensity, tendency, or disposition to attack unprovoked, to cause
injury, or to otherwise threaten the safety of humans or domestic animals.
Under subsections (23)(A) and (B) of this section, it shall be an affirmative defense to a
said dog without such owner's permission.
(24) "Premises" means the area of land to which a person has legal or equitable rights of
possession, use and control.
(25) "Private Property" means property privately owned, and the animal owner does note have
permission for the animal to be on the privately held property. This does not include private
property in which the property owner or person in control of the property has explicitly or
impliedly consented to the presence of the animal.
(266) "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."
(267) "Quarantine area" means any area defined by, but not limited to, a veterinarian,
physician, public health official or animal control officer, where, for a specified period of time, a
dog is to be kept separated from other animals or people.
(28) "Reckless Disregard" an act of proceeding to do something with a conscious awareness
of danger, indifferent to any potential consequences of so doing.
(2;9) "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;
(C) To indemnify and hold the eCity 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;
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(D) To notify the GCity if the shelter goes out of business or can no longer keep the dog
and to abide by the GCity's disposition instructions.
(2830) "Securely enclosed and locked" moans 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.
( " 31) "Serious physical injury" m::ons 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.
(332) "Severe injury"m ns any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
(343) "Tag" rn ns 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.
(321) "Tattoo" weans a predesignated identification number inked into the inside of the ear, lip
or flank of the dog.
(35) "Unaltered" any animal that is not spayed or neutered.
(3 _) "Unconfined" 171::;ans 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. (Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1
(part), 2005).
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
other 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;
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(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 6.20.170, a law enforcement agency officer may arrest the alleged offender. (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, and therefore subject to
criminal fines and penalties if convicted. Any violation of this chapter may result in the animal
being impounded, and/or destroyed by order of the court. (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. 2018-037 § 1 (part), 2018: Ord.
2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
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 any person on public or private property. This section does not
apply when the conditions of YMC 6.20.045 are met. (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
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(B) If the slaughtering of the animal involves the discharge of a firearm, notice shall be
provided to the Yakima oPolice 4Department at least two hours prior to the discharge of
the firearm. The notice shall be made by phone to the Yakima oPolice 4Department
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. 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 or other
poultry, permits the same to run at large in the city of Yakima. A violation of this section is an
infraction . (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. 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.(a) Any person who
(A) daHas 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 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®, except that for aA second or subsequent offense 4-is a gross
misdemeanor.
(OD /any person v,ho, wWith 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®, except that for aA second or subsequent
offense it is a gross misdemeanor.
2.(a) Any person who
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(A)a w \ith reckless disregard, injures, disables, or causes the death of a dog guide or
service animal is guilty of a gross misdemeanor.
(PE) Any person who, w \ith 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.(a) 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 and the dog guide or service anim
related to the criminal offense.
(A)e} 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.
(4) Nothing in this section shall affect any civil remedies available for violation of this
section.
(5) For purposes of this section, the following definitions apply:
(Aa) "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.
(fib) "Service animal" means an animal that is trained for the purposes of
assisting or accommodating a disabled person's sensory, mental, or physical
disability.
(GC) "Notice" means a verbal or otherwise communicated warning prescribing the
behavior of another person and a request that the person stop their behavior.
(dpj "Value" means the value to the dog guide or service animal user and does
not refer to cost or fair market value. (Ord. 2018-037 § 1 (part), 2018: Ord. 2018-
021 § 1 (part), 2018: Ord. 2015-021 § 6, 2015; Ord. 2002-41 § 1, 2002. Formerly
6.04.240).
6.20.050 Enforcement.
The 4Department shall 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
dDepartment and has either supplied the name and address of the dog owner or has supplied
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the fact that the dog does not have an owner. Enforcement thereafter is a matter within the
discretion of the Cepartment. (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. 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 Cepartment 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. All dogs kept at any Humane Society are
required to be licensed upon being sold or adopted. (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 registering and licensing a dog shall submit to the dDepartment 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 licensedrogister ;
(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 registered, and whether or not such
dog has been neutered or spayed;
(4) Distinguishing features, markings, tattoos or microchip number of the dog being
licensedrogistered;
(5) The address of the premises where the dog is ordinarily kept or maintained;
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(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. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1
(part), 2005).
6.20.090 Vaccination required for dog :gist ti and license.
As a prerequisite to licensing, any dog four months of age or older shall be currently vaccinated
against the disease of rabies. (Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018:
Ord. 2005-69 § 1 (part), 2005).
6.20.100 Dog st r and license—Fees.
The fee for initial or renewed registration and licensing of any dog shall be in accordance with
this section and Table 6.20.100:
TABLE 6.20.100
License 1,2,3
Term Altered Unaltered
1 year $25 $75
3 year $60 $180
(1) Proof of a doq 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 doq for which a license
application is altered. For dogs which have been spayed nr nei tiered fifteen dollars for a license
valid for one year and twelve dollars for a renewal thereof for a like period.
or, if such is unavailable, a statement from the owner under oath, certifying that the dog for
which a license application is made is either a spayed female or a neutered male.
(2) The fee for replacement tags shall be ten dollars.For dogs which have not been spayed or
neutered, forty dollars for a license valid for one y ar and thirty dollars for renewal thereof for a
like period.
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(3) The registration and license fee amount shall be deposited into the dog control fund.
(3.4) No license fee shall be charged to 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.
(54) No license fee shall be charged to city police and fire agencies for canine support
animals.
(6) Dogs that are spayed or neutered and owned by persons over the age of sixty-two years
may be registered and licensed for twenty five dollars50 percent of the license fee listed in
Table 6.20.100.
sixty two years may be registered and licensed for thirty dollars. The license shall be valid for
(7) The fee for replacement tags shall be five dollars.
<8) The board may provide for optional registration of dogs by other suitable parties, in which
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 + ± trati i license—Applications and renewals.
Applications for registration and license issuance shall be made within a timely manner as listed
in the conditions set forth below:
(1) Applications for registration license renewal shall be made on or before the date of
expiration of current licensebet,n een the first rd y of an ry an d the I ct day of March
0
(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;
(4) In the case of a dog licensed by another jurisdiction within Yakima County, the license
shall be valid until the last day of December of the year they established residency in the
countyCity of Yakima.
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 4Department 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
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shall be prima facie evidence that said dog has not been legally licensed. (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 regi5tramtio and license applicant fails to provide all required information or
fees, the 8Department shall notify such applicant by first-class mail at the mailing address
stated on the application or notify applicant by phone of any such deficiency, requesting that any
required information or fees be provided to the bDepartment 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 dDepartment for applications that cannot be processed shall be
deposited into a special revenue account within a dog control dDepartment fund and held in
thatsuch 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.
2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
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) Level 1 Behavior. Level 1 behavior occurs whenever aA dog is at large; or-s
(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, Level 2 Behavior. Level 2
behavior occurs when a dog:
(A) Unprovoked, causes physical injury to a human or domestic animal on public or
(3) An unprovoked dog, causes physical injury to a human or domestic animal on public or
private property; or,
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(B) Unprovoked, chases o/ approaches o 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 nr more of the following behaviors: snar|ing, baring tooth, growling,
snapping, Pouncing, lunging, attacking, or attempting to bit--
(4) An unprovoked dVq inflicts severe iniuryVnVr kills a human beinq: or,
(5) An unprovoked dOg that is off the owner's pnDp8[ty, either kills a dO[OeShC animal inflicts
iniuriesnaquirinqadomestic animal tnbe euthanized. or causes bite iniun/ tVa domestic animal
or person.
Any violation Vf subsection (1) nr (2) of this section isa civil infraction.
Any violation Of subsection /2>(A,3) Of this section iS2misdemeanor. Any violation of SubseGti
/2\/B\ of this section is ocivi! infraction.
Under subsections (2)�4and (B�3) of this section, it shall be an affirmative defense that a
human over the age of thirteen ora domestic animal that io injured, ohaoed. ormenaoedbythe
dog in question was on the property of the owner of said dog without such owner's permission.
/3\ Level 3 Behavior, Level 3 behavior occurs when a dog:
/A\ Unprovoked, inflicts S8v8Fe injury on or kills a huDlgO being on public O[ private
property; or
/f]\ Unprovoked and while off the owner's property, either kills a-do*Te.hC animal V[
inflicts injuries requiring a domestic animal toboouthonizod; or
/C\ Was previously declared to be a potentially dangerous dog, the owner having
potentially dangerous dog behavior; nr
/[)\ Unprovoked, attacks "dog guide" O[ "service animal" as defined in
Chapter M84 RCW and inflicts injuries that render the dog guide or service animal to be
permanently unable to perform its guide or service duties.
Any violation of this subsection (3N) and (5) ioa gross misdemeanor. /C}rd. 2O18-O37 § 1 /parU.
2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2015-003 § 1 (part), 2015: Ord. 2005-09 § 1 (part),
2OO5\.
6.2O.135 Declaration of dogs msdangerous Procedure.
/1\ An animal control officer may classify and declare a dog danclerous 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) The written complaint ofa citizen; or
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(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 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.
(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 or potentially
dangerous dog is based, including the definition of dangerous_
under which the declaration is being made;
(E) The availability of a hearing ifin c:< o 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. (Ord.
2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018).
6.20.140 Hearing procedure—Dangerous dogs.
(1) If the purported owner of the dog wishes to contest the declaration that a dog is dangerous
or 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 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
16
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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
by a preponderance of the evidence.
(3) Dangerous Dogs.
(A) Any dog declared to be dangerous shall, after the exhaustion of any appeal, be
humanely euthanized. Upon application of the owner to the court, however, a dangerous
dog may be either (1) sent at the owner's expense to a secure dog shelter and maintained
at all times in compliance with RCW Chapter 16.08; or (2) 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.
(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:
(i) The owner shall bear the burden to establish (1) that an animal shelter is
available that meets the criteria for a secure dog shelter, that the animal shelter will
accept the dog, and that the owner is willing and able to pay all expenses for
transporting the dog and maintaining the dog; or (2) that the dog can be maintained
at all times in compliance with Chapter 16.08 RCW in a location outside the city and
that the owner is willing and able to pay all expenses for transporting the dog and
maintaining the dog.
(ii) 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.
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(4) The d8C|a[adoO by the Department, if not appealed within 10 days. shall be final.
Potentially Dangerous Dogs. If the court finds the dog is enhonbsAly dongorous, the court shall
dangeFous dog be MiGFOGNpped and spayed or pe-Ute—red -;;t the expense.
/5\ The findinqof the court that odVqisdanqerVus may not be appealed under this sectiVn.A
/[}nd. 2018-
037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018\.
65.22Q.141 Permuts, fees, and othe . . nts of potentially dangerous dogs.
(1) WtNn ten days following (A) a deGlaFation of Potentially dangeFous dog, oF the eXhau-sfien
of any hearing and app o| thorcfnnnn whichever is later, (B) the time from which a dog that hee
the owner of a potentially dangerous dog shall obtain a permit for such dog from the city and
proof that the dog is spayed orneutered, implanted with a microchip, and provide the microchip
number tn the department,
/2\ Any potentially dangerous dog is also subject to any additional conditions of confinement
set forth in RCVV 10.08, as now exists nras may be amended hereafter,
(3) The owner Of8 potentially dangerous dog shall provide proof Vf either (A) 8 policy Of
liability insurance, such as homeowner's insurance, issued byan insurer qualified under RCVV
Chapter 48.28iD the amount ofat |q3St two hundred fifty thousand dollars, insuring the owner
against liability tn any person for injuries inOiotodbythopnton#a||ydangnrnusdng. or (B) a
to the department in the sum of at least two hundred fifty thousand dollars, payable to any
person injured by the dangerous or potentially dangerous dog,
(4) The owner of a potentially dangerous dog shall pay an annual renewal fee for such permit
in the amount of fifty dollars,
(5) The owner of a potentially dangerous dog shall allow an annual inspection of a proper
enclosure that holds the dog, |naddition, the promises where the potentially dangerous dog isto
bo kept must include ao| zr|y visible warning sign that there iso dangerous dog on the property
along with a sign with a waFning syrAhn' th;;t r,'hwId'rpn of the PFeSenGe of a dangeFous
dog. The initial inspection must be completed prior to the i'Euance of a potentially dangerous
dog permit. If the proper enclosure is a rosidonco, the inspection shall be |innihod to the exterior
of the residence. Refusal to allow an annual inspection is e violation. An owner who refuses to
a||om/ an annual inspection ohz|| have his or her permit revoked and may be fined for each day
the inspection iSrefused.
/O\ Should the owner of 2 potentially dangerous dog fail to comply with subsections (1)
through /5\ nf this section, the owner may have his or her permit revoked and may bo fined up
to five hundred dollars for each violation. The city is authorized to seize and impound the
potentially dangerous dog of any such owner and cuthanize said dog pursuant to tho.
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YMC 6.20.320, in addition to all penalties set forth in this chapter.
(7) The requirements contained in this section are in addition to all registration, vaccination,
and other req irements contained in this chapter
(8) This section also applies to any dog declared dangerous under any prior ordinance and
prior to the effective date of the ordinance codified in this chapter (Ord 2018 037 § 1 (part\
2018: Ord. 2018 021 § 1 (part), 2018).
6.20.142 Confinement and control of dangerous dogs.
(1) When a dog is declared a dangerous dog, the dog may 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 dof declared dangerous.(A) When a dog is declared a potentially
is held to determine the animals status and or ownership or the deadline for re r esting s ch a
hearing has passed. If a dog declared potentially dangerous is not impounded, the owner shall
comply with all requirements imposed by the department. The owner of a dog that is declared
officer upon the order of that officer. Refusal to surrender a dog that is declared potentially
(B) From the date of initial declaration of potentially dangerous dog by an animal control
officer, unless and until said declaration shall be rescinded, the owner must keep the dog
confined in a proper enclosure that is securely enclosed and locked, unless the dog is securely
leashed and humanely muzzled or otherwise securely restrained.
(3) From the date of initial declaration of potentially dangerous dog an animal control officer,
unless and until said declaration shall be rescinded and the restrictions imposed thereby
(A) Be unconfined on the premises of such person; or
(B) Go beyond the premises of such person unless such dog is securely leashed using a
chain I ash and humanely muzzled or otherwise securely restrained.
(C) The department may impose any additional restrictions contained in RCW 16.08 for
dangerous or potentially dangerous dogs, as now exists or as may be amended hereafter.
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{4) Any potentially dangerous dog may be confiscated by the city if the dog is not
confined as set forth herein. The owner is subject to boarding charges as set forth in
YMC 6.20.320, in addition to all penalties set forth in this chapter.
{5) These requirements take effect immediately upon notification that the dog is declared
{6) This section also applies to any dog declared potentially dangerous under any prior
ordinance and prior to the effective date of the ordinance codified in this chapter. Any dog
must comply with all conditions imposed by the department. (Ord. 2018 037 § 1 (part),
2018: Ord. 2018 021 § 1 {part), 2018).
•
(1) The owner shall immediately notify the department, via phone, when a dog which has been
classified as a potentially dangerous dog is at large.
(2) The owner shall immediately notify the department, in writing, when a dog which has been
classified as a potentially dangerous dog:
{A) Is sold, given away, or dies; or
(B) Is moved to another address.
(3) Prior to a potentially dangerous dog's being sold or given away, the owner shall provide
the name, address, and telephone number of the prospective new owner to the department.
(4) This section also applies to any dog declared dangerous under any prior ordinance and
prior to the effective date of the ordinance codified in this chapter.
(5) Any person desiring to bring a dog to live in the city which has been previously declared to
be potentially dangerous, vicious, or similar designation in another jurisdiction, must notify the
department prior to moving the dog to the city. The person must provide all information
requested by the department and must comply with al-14cstrictions imposed by +ham depart ent
There is no right to bring into the city a dog that has been the subject of a declaration or similar
process in another jurisdiction and the department will determine whether such a dog will be
that led to another jurisdiction's determination that the dog is potentially dangerous, dangerous,
vicious, or similar designation would I ad 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
the addre&s provided by the owner.
(6) Any person knowingly bringing a dog into the city or failing to remove a dog from the city
after the department has notified the person that the dog is not allowed in the city is guilty of a
gross misdemeanor.
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(7) Any person who fails to notify the department that he or she has brought a dog covered by
subsection (5) or (8) of this section into the city is guilty of a misdemeanor.
(8) Any person visiting the city with a dog which has been previously declared to be potentially
department and obtain permission to do so, prior to bringing the dog into the city and must
comply with all the requirements of this code. (Ord. 2018 037 § 1 (part), 2018: Ord. 2018 021
§ 1 (part), 2018).
(1) The dog is not validly registered under this chapter or RCW 16.08;
(2) The owner does not maintain liability insurance coverage as required for dangerous dogs
in RCW 16.08.080;
(3) The dog is unconfined;
('l) The dog is outside of the dwelling of the owner and not under adequate physical-re€traint
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
and the owner does not redeem said dog, said dog shall be euthanized in an expeditious and
humane manner, except as otherwise specifically provided in this chapter. The owner is subject
to boarding charges as set forth in YMC 6.20.320, in addition to all penalties set forth in this
chapter.
the effective date of the ordinance codified in this chapter. (Ord. 2018 037 § 1 (part), 2018: Ord.
2018 021 § 1 (part), 2018).
6.20.145 Possession of dangerous dogs prohibited.
The possession of dangerous dogs is prohibited unless said dog is boarded in accordance with
YMC 6.20.140(3) nr hro ght in+n the rit i nii+h permission of the donortment in orr ordanr e n,i+h
YMC 6.20.1 43(8). (Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018).
62v0 46-r enarty for violation alto-pvtent ry-dangeroao dvg_Mi vdenmeanorr SHARE
Unless otherwise specifically stated, any violation of this chapter as to a potentially dangerous
dog is a misdem anor. (Ord. 2018 037 § 1 (part), 2018: Ord. 2018 021 § 1 (part), 2018).
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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. 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. 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. 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. 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.
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It is unlawful for any person to permit any dog to leave the confines of any quarantine area. A
violation of this section is a misdemeanor. (Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.170 Abuse of animals prohibited.
(1) A person is guilty of animal cruelty if, under circumstances not amounting to a violation of
RCW 16.52.205, the person knowingly, recklessly, or with criminal negligence inflicts
unnecessary suffering or pain upon any animal.
(2) An owner of an animal is guilty of animal cruelty if, under circumstances not amounting to
a violation of RCW 16.52.205, the owner knowingly, recklessly, or with criminal negligence:
(A) Fails to provide the animal with necessary food, water, shelter, rest, sanitation,
ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable
physical pain as a result of the failure; or
(B) Abandons the animal.
(3) Animal cruelty is a misdemeanor.
(4) In any prosecution of animal cruelty, it shoal be an affirmative defense, if established by the
defendant by a preponderance of the evidence, that the defendant's failure was due to
it rdictr cc h taa^I #h Fd frtirdrti#'c rv#r )
(5) 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 and no responsible person can be found to
assume the animal's care, the officer may authorize, with a warrant, the removal of the animal to
a suitable place for feeding and care, or may place the animal under the custody of an animal
care and control agency. In determining what is a suitable place, the officer shall consider the
animal's needs, including its size and behavioral characteristics. An officer may remove an
animal under this subsection without a warrant only if the animal is in an immediate life-
threatening condition.
(65) If a law enforcement officer or an animal control officer has probable cause to believe a
violation of this chapter has occurred, the officer may authorize an examination of a domestic
animal allegedly neglected or abused in violation of this chapter by a veterinarian to determine
whether the level of neglect or abuse in violation of this chapter is sufficient to require removal
of the animal. This section does not condone illegal entry onto private property.
(76) Any owner whose domestic animal is removed pursuant to this chapter shall be given
written notice of the circumstances of the removal and notice of legal remedies available to the
owner. 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. In making the
decision to remove an animal pursuant to this chapter, the officer shall make a good faith effort
to contact the animal's owner before removal.
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(87) The agency having custody of the animal may euthanize the animal or may find a
responsible person to adopt the animal not less than fifteenten- business days after the animal
is taken into custody. A custodial agency may euthanize severely injured, diseased, or suffering
animals at any time. An owner may prevent the animal's destruction or adoption by: (a)
petitioning the Yakima municipal court within ten day after service of notice of impound for the
animal's immediate return subject to court-imposed conditions, or (b) posting a bond or security
in an amount sufficient to provide for the animal's care for a minimum of thirty days from the
seizure date. If the custodial agency still has custody of the animal when the bond or security
expires, the animal shall become the agency's property unless the court orders an alternative
disposition. If a court order prevents the agency from assuming ownership and the agency
continues to care for the animal, the court shall order the owner to renew a bond or security for
the agency's continuing costs for the animal's care.
<9) If no criminal case is filed within fourteen business days of the animal's removal, the owner
may petition tho Yakima municipal court for the animal's return. The petition shall be filed with
responsible for removing the animal and to the prosecuting attorney. If the court grants tho
tho potition shall be joined with the criminal matter.
(1-08) In a motion or petition for the animal's return,_before a trial, the burden is on the owner
to prove by a preponderance of the evidence that the animal will not suffer future neglect or
abuse and is not in need of being restored to health.
(119) 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. 2018-037 § 1 (part), 2018:
Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.180 Abandonment of animals prohibited.
It is unlawful for any person to leave any animal unattended for more than twenty-four hours
without adequate care, including without limitation water, food, shelter, sanitation, ventilation,
rest and medical attention. (Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord.
2005-69 § 1 (part), 2005).
6.20.190 Confinement in motor vehicle prohibited.
It is unlawful for any person to leave any animal confined within or on a motor vehicle at any
location under such conditions as may endanger the health or well-being of the animal,
including without limitation conditions involving dangerous temperature, lack of food, water or
attention. (Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1
(part), 2005).
6.20.195 Dog tethering.
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RCW 16.52.350 is adopted by reference. (Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018).
6.20.200 Pet animals—Taking, concealing, injuring, killing, etc.—Penalty.
(1) Any person who, with intent to deprive or defraud the owner thereof, does any of the
following shall be guilty of a gross misdemeanor and shall be punished as prescribed under
YMC 6.02.050(B) and by a mandatory fine of not less than five hundred dollars per pet animal
except as provided by subsection (1)(D) of this section:
(A) Takes, leads away, confines, secrets or converts any pet animal, except in cases in
which the value of the pot animal exceeds two hundred fifty dollars;
(B) Conceals the identity of any pet animal or its owner by obscuring, altering, or
removing from the pet animal any collar, tag, license, tattoo, or other identifying device or
mark;
(C) Wilfully or recklessly kills or injures any pet animal, unless excused by law;
(D) Nothing in this subsection shall prohibit a person from also being convicted of
separate offenses under RCW 9A.56.030, 9A.56.040, 9A.56.050, or equivalent local
ordinance for theft or under RCW 9A.56.150, 9A.56.160, 9A.56.170, or equivalent local
ordinance for possession of stolen property.
(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 government agency operating under law. (Ord. 2018-037 § 1 (part), 2018: Ord.
2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
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. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-
69 § 1 (part), 2005).
6.20.220 Keeping in nauseous manner.
It is unlawful for any person to keep, harbor or maintain any animal or fowl, or any pen, kennel,
yard, enclosure or building in which animals or fowl are kept, in the city of Yakima in such a
manner as to be nauseous, foul or offensive, and any such animal or fowl or condition or
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manner of maintenance is declared to be a nuisance. (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 co as to 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. 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. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part),
2018: Ord. 2005-69 § 1 (part), 2005).
It is unlawful for any person to keep or
sidewalks, streets, alleys or public places of the city of Yakima, and the same is declared to be
a nuisance, and any such dog or other animal may be seized or impounded as provided in this
chapter. (Ord. 2018 037 § 1 (part), 2018: Ord. 2018 021 § 1 (part), 2018: Ord. 2005 69 § 1
(part), 2005).
6.20.270 Presumption of ownership.
The owner or rightful occupant of any premises is presumed to own any 4oanimal kept at the
premises. (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 15 minutes or more verified as follows: time as to unr asonably
disturb the peace, quiet, comfort and repose of others within the city of Yakima. Any such dog or
dogs shall be declared a nuisance and may be seized and impounded if such disturbance
reoccurs after the person in control of the premises has received two prior warnings within a
(A) A complaint made by 2 people from separate households: or
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(B) A recording of the behavior for the specified period of time.
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 $250. Fine.
(23) 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. 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
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. 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" 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" any unidentified wild unsocialized or untamed cat.
(3) "Identified cat" a cat bearing a tag with valid owner contact information or a cat implanted
with a registered microchipped allowing ownership information to be ascertained.
(4) "Roaming cat" any unidentified homeless or stray socialized cat.
(5) "Trap-Alter-Return" shall mean the process of humanely trapping, altering, vaccinating for
rabies, eartipping, and returning roaming or feral cats to the area in which it was initially trapped.
6.20.293 Control of unaltered cats
It is unlawful for any cat owner to permit an unaltered cat of (X age or older) to be at large.
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6.20.294 Permitted Acts, Trap-Alter-Return
1. Trapping, for the sole purpose of altering, vaccinating for rabies and eartippinq
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.
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.
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 owner's 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 and notice to appear in regard to the
violation may be issued to such dog owner. (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 in control of premises to refuse to surrender 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 misdemeanor. (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.
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Upon impoundment of any dog or other animal, the impounding authority shall immediately
notify the owner in writing. Such written notice shall be served upon the owner or, 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, 4-the terms upon which
such dog or other animal may be redeemed and the appeal process, if applicable. 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 dogs is subject to the notification
requirements in YMC 6.20.135 and 6.20.1430.
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.
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 animaldag,
title may redeem the impounded dog or 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, Tanimals impounded as a
result of animal cruelty, or an animal impounded as a result of an owner being declared a
problem pet owner.cxcept that the redemption of potentially dangerous dogs is subject to tho
requirements of YMC 6.20.140 through 6.20.144.
(2)
(A) Except for animals contemplated by subsection (2)(B) of this section, redemption for
each animal deg-may be accomplished by payment to the impounding authority of the
amount of one hundred and fifty dollars for the first impoundment of the same animal deg
during any twelve-month period; and the redemption fee shall increase by increments of
fiftytwenty fivo dollars for each subsequent impoundment of that same animaldee during
that twelve-month period. In addition to the redemption fee provided by this subsection, a
person redeeming an unlicensed dog shall also g f rid obtain a current city of Yakima
dog license_before redemption. the dog is redeemed. In addition to the redemption fee,
an additional charge of te+sitwenty dollars per day shall be imposed for the period of time
that the impounded dog is kept in the pound after impoundment, together with the cost for
mandatory microchipping, that must be performed prior to redemption.
(B) In the case of smaller aAnimals1 other than dogs, not requiring special equipment for
transporting the same to the pound, the impounding fee shall be fiftytwenty fivo dollars_7
aAn4 additional -charge of not less than twentyarl dollars per day may be imposed by the
animal care and control agency for the care and feeding of such
animals. In the case of larger animals requiring special equipment for transporting the
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impounding fee shall be twenty five dollars; and in the event such an impoundment occurs
at any time other than between nine a.m. to five p.m. on weekdays, or between ten a.m.
and four p.m. on a Saturday, or if the impoundment occurs on a legal holiday, the
impoundment fee shall be forty five dollars. An additional charge of ten dollars per day
shall be made for the care and feeding of such animals.
(C) Animals requiring special equipment for transporting the same to the animal care and
control agency (any equipment larger than a pickup or panel delivery truck) shall incure a
basic impounding fee one hundred and fifty dollars. In the event that such an
impoundment occurs on a legal holiday or otherwise outside of the Department's normal
business hours, the impoundment fee shall be one hundred dollars. An additional charge
of twenty dollars per day shall be incurred for the car and feeding or such animal.
(D) In addition to other costs and fees, impounded unaltered cats will be altered at the
owner's expense prior to redemption.
(GE) Any payment required by this subsection for the redemption of an impounded dog
or other animal may be made with any commercially reasonable tender, including but not
limited to cash, money orders or major credit or debit cards, on sufficient identification
being made.
(D) The impound fee shall be waived the first time a dog licensed with the city of Yakima
is impounded; provided, that the dog license is current and valid.
(3) The event an owner of an impounded animal who files paperwork to contest the validity
of the impoundment dog excluding dogs declared dangerous, or other animal-de..ires to contest
the validity of the impoundment, the impounded dog or other animal nevertheless may be
redeem the impounded animal by theed subject to the additional requirements of
red potentially dangerous by the execution and delivery to
the impoundment authority Department (1)ef- a promissory note payable to the city of Yakima in
the amount of fifty dollars plus the appropriate impoundment fee, and (2) the-service of a copy
of the petition for a hearing filed by the owner with Yakima municipal court to contest the
impound and/or designation of a dog as dangerous or potentially dangerous. The petition shall
be in the form set forth in subsection p7) of this section.
(4) If an impounded dog, excluding dogs declared dangerous, or other animal is not redeemed
(2)(A) of this section, and for any dog declared potentially dangerous with the provisions of
such impounded dog or other animal may be humanely destroyed or otherwise disposed of;
provided, further, that in the case of any horse, mule, cattle, hog or other stock animals that may
follow the procedure established by the laws of the state of Washington in ROW Title 16 relative
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(5) The department may refuse to relase to its owner any animal that has been impound .
more than once in a twelve month period unless the owner demonstrates that he or she has
taken steps to r-asonably ensure that the violation will not occur again. The animal shelter or
the department may impose reasonable conditions that must be satisfied by the owner before
comply with the conditions of release is a \,iolation.
(64) 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-sixwenty four-month
prohibition on animal ownership under YMC 6.20.510(4) or 6.20.530(4).
(7) (A) No unaltered dog or cat 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.
(8g 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.
(p7)
IN THE MUNICIPAL COURT OF THE STATE OF VVASHINGTON
CITY OF YAKI A
3
-
Petitioner, ) NO.
-
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35
vs. IN RE THE ANIMAL IMPOUND OF A
4 DOG NAMED
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:
[ } Contest the validity of the seizure;
[ ] Contest the dog's behavior Level as defined in YMC 6.20.130;
[ ] 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 haring, the Court shall enter an order finding
the motion(s) dismissed with prejudice.
Dated this day of 20
- Name:
- Address:
- Telephone:
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36
- -
It is hereby ORDERED: - -
[ ] This case may be set as requested;
[ ] This case may be set with the following amendment(s):
[ I otion is denied. Set no hearing;
[ I Other:
Dated: Judge/Commissioner:
IN THE MUNICIPAL COURT OF THE STATE OF WASHINGTON
CITY OF YAKIMA
. _
Petitioner, NO.
1 _
vs. IN RE THE ANIMAL IMPOUND OF A
I DOG NAMED
CITY OF YAKIMA. I _
Respondent. _
COMES NOW (Petitioner), as owner of a
(breed) dog named to request the Court calendar this matter for the
following purpose:
1 Contest the validiR of the seizure; Sec A on reverse
H Contest the declaration of Dangerous Dog as defined in Yakiina Municipal Code
(YMC) 6.20.130; see reverse
H Request the immediate return of an animal confiscated for animal cnieltv reasons as
described in YMC 6.20.130
Contest the declaration of.-Problem Pet ON%tier.- as described in YMC 6 20 I°
[ I Other:
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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: _ _
[1 This case may be set.as requested:
I I This case may be set with the following amendment(s):
11 Motion is denied. Set no hearing:
11 Other:
Dated: Judge/Commissioner:
(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 by the
execution and delivery to the Department of(1) a promissory note payable to the City of
Yakima in the amount of fifty dollars plus the appropriate impoundment fee. and (2) service
of 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: 6.20.140 Hearing procedure Dangerous (I) 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 ien days of service of the declaration that the dog is 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.
ABUSE OF ANIMALS: 6.20.170 Abuse of Animals (7) The agency having custody of the
animal may euthanize the animal or may find a responsible person to adopt the animal not
less than ten days after service of the notice of impound. A custodial agency may euthanize
severely injured,diseased, or suffering animals it any time. An owner may prevent the
animal's destniction or adoption by: (a) petitioning the Yakima Municipal Court within ten
day after service of the notice of impound for the animal's immediate return subject to
court-imposed conditions.or(b)posting a bond or security in an amount sufficient to
provide for the animal's care for a minimum of thirty days front the seizure date. If the
custodial agency still has custody of the animal when the bond or security expires, the
animal shall become the agcnor's property unless the court orders an alternative disposition.
If a court order prevents the agency from assuming ownership and the agency continues to
care for the animal, the court shall order the owner to renew a bond or security for the
agency's continuing costs for the animal's care.
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(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. 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. 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.
(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
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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. 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 shall be accompanied by a fee as follows:
(A) Commercial or foster shelter kennel: two hundred fifty dollars per year upon
submission, inspection and approval of the enforcement agency and officer.
(B) Hobby kennel: fifty dollars per year upon submission, with a surcharge of ten dollars
per unaltered dog, upon inspection and approval of the enforcement agency and officer.
(C) Late penalty: one-half the applicable amount.
(2) The late penalty shall be assessed if the license is not obtained by the thirty-first of
January. (Ord. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1
(part), 2005).
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6.20.380 Kennel license—Inspection of facilities.
Upon initial application for a kennel license, the department or its designee shall inspect the
subject facilities to determine if they may properly be licensed. (Ord. 2018-037 § 1 (part), 2018:
Ord. 2018-021 § 1 (part), 2018: Ord. 2005-69 § 1 (part), 2005).
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. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018:
Ord. 2005-69 § 1 (part), 2005).
6.20.400 Kennel license—Expiration and renewal.
Kennels shall be licensed in January on a yearly basis ending December 31st. Fees for new
applications shall be prorated and charged one-twelfth the fee for each month remaining in the
calendar year. License renewals shall be processed in the same manner as the original
application, except that a certificate of zoning compliance is not required. Each kennel may
choose from the following options at the time of renewal:
(1) License each dog individually; or
(2) Pay the appropriate kennel fee. (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. 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. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1
(part), 2018: Ord. 2005-69 § 1 (part), 2005).
6.20.430 Vaccination required.
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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.
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
CC) Has been convicted of animal cruelty under this code or Revised Code of
Washington in the past 12 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;
(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 deferred or subject to pretrial diversion may be
counted as a violation if the violation is proven by a preponderance of the evidence.
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 committed 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. 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
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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 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. 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.
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(3) In addition to the above requirements, upon the determination by the Yakima municipal
court that a person is a problem owner, 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. 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
address as the problem owner. (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. 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
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that is designated as a misdemeanor is punishable by up to ninety days in jail and a one
thousand dollar fine.
CODE CLASS PENALTY CHARGE
6.20.044 Inf. $250.00 Slaughter, dress, butcher
animals/fowl
6.20.056 Inf. $250.00 Poultry. at Lame
6.20.070 Inf. $250.00 Dog registration/license
required
6.20.130(1) Inf. $200.00 for first offense; penalty Permit dog at large
shall increase in increments of
$25.00 for every subsequent offense
6.20.130(2)(B) Inf. $300.00 Permit dog at large—menaces
6.20.150 Inf. $250.00 Permit dog in estrus at large
6.20.180 Inf. $250.00 Abandonment of animal
6.20.190 Inf. $500.00 Confinement in automobile
6.20.210 Inf. $100.00 Fail to remove dog waste
6.20.220 Inf. $250.00 Keep animal in nauseous
manner
6.20.230 Inf. $250.00 Allow dog to damage property
6.20.240 Inf. $200.00 Fail to provide dog rabies
vaccine
6.20.250 Inf. $250.00 Allow dog to jump/*ark at
podostri
6.20.280 Inf. $250.00 Barking dog
6.20.320(5) Inf. $500.00 Fail to comply with conditions of
redemption of impounded
animal
6.20.320(7) Inf. $500.00 Fail to comply with mandatory
spay/neuter
6.20.350 Inf. $500.00 Own/operate kennel w/o license
6.20.520(2) Inf. $500.00 Fail to comply with dept.
requirements—problem pet
owner
(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. 2018-037 § 1 (part), 2018: Ord. 2018-021 § 1 (part), 2018).
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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 day of , 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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