6.06.010 - Purpose.

Human experience benefits in many ways by the companionship and service of dogs. In order to obtain such benefits, dogs must be kept responsibly by people. When people fail to keep dogs responsibly, the community may be subjected to nuisances and health problems. The purpose of this chapter is to strike a balance between the rights and responsibilities of dog owners and the community at large so that the community can both enjoy the benefits of responsible dog ownership and avoid problems which arise when dogs are not properly cared for.

(Ord. 623 § 2 (part), 2006)

6.06.020 - Definitions.

For purposes of this chapter, the following words and phrases shall have the following meanings, unless a different meaning appears from the context:

"Adult dog" means any dog having a set of permanent canine teeth, or older than six months of age.

"Aggressive behavior" means any physical contact between a dog and a person, where a reasonable person feels threatened, that includes, but is not limited to, any of the following: snarling, baring teeth, chasing, growling, snapping, pouncing, or lunging, but not to include a bite or bites.

"Animal" means any dog, cat, exotic, wild or dangerous animal or livestock.

"At large" means, with regard to dogs, being physically present on public property and not under the actual control of a competent person, or being physically present on private premises without permission of the person in control of such premises.

Exceptions. "At large" does not include: (1) dogs being exhibited in dog shows, field trials, obedience training or trials, or the training of dogs therefor; or (2) the use of a dog under the supervision of a person either to hunt wild animals or game birds during the open season therefor, or to chase or tree predatory animals; or (3) the use of a dog either to control or protect livestock or property in other related agricultural activities under the supervision of the dog owner.

"Bite" means to seize with teeth or jaws so as to enter, grip, wound, or pierce, which causes a breaking of the skin, causing an exchange or transfer of saliva.

"Capable person" means any individual having attributes, including physical and mental abilities, sufficient to control an animal and being at least eighteen (18) years of age.

"Dangerous dog" means any dog that, according to the records of an appropriate authority, including but not limited to the records of the Yakima County dog control department, the Yakima County sheriff's office, the town of Naches, or the records of any other municipal, state, or federal law enforcement or public safety department: (1) without provocation has bitten or otherwise inflicted serious physical injury on a human being on public or private property; (2) has injured or killed a domestic animal without provocation while off the dog owner's property; or (3) has aggressively bitten, attacked, or endangered the safety of humans or domestic animals after such dog has been determined by an appropriate authority, including but not limited to any officer of the Yakima County dog control department, to be potentially dangerous, and the owner of such dog has been notified, either orally or in writing, that the dog has been determined to be potentially dangerous.

"Department" means the Yakima County dog control department, under lawful contract with the town of Naches to provide dog control services for said town.

"Hobby kennel" means a facility operated by a person who breeds more than one litter per calendar year or who breeds or raises registered, purebred dogs or specific breeds for the betterment of the breed and the challenge of exhibition. A hobby kennel shall: (1) have no more than three litters per calendar year; or (2) have a maximum of eight adult dogs under the age of eight years of age; (3) not groom, board or train dogs for monetary gain; (4) have a securely fenced area with adequate fencing for separation of dogs; (5) have required tags securely affixed to a substantial collar or harness to be worn by any dog when it is not within the required fenced area; (6) have the option of having the dogs tattooed in lieu of wearing tags. The tattoo shall be duly registered with the town.

"Kennel" means a group of more than six adult dogs at one premises, kept or bred for hunting, sale, exhibition or domestic use.

"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.

"Nuisance" means any unlawful act, or failure to perform a duty, which act or failure either annoys, injures, or endangers the comfort, repose, health or safety of other persons, or interferes with other persons' use of their own property. Violations of this chapter shall constitute a public nuisance.

"Owner" means any person or legal entity who knowingly harbors, keeps, possesses or maintains an animal, or who encourages and animal to remain about their property for a period of seventy-two (72) hours or more, or who is the person named on the license/registration record of any animal as the owner. The parent or guardian of an owner under eighteen (18) years of age shall be deemed the owner for the purpose of this chapter.

"Permit" means human contact that is intentional, deliberate, careless, inadvertent, or negligent in relation to any animal owned by the person.

"Person" means any individual, natural person, association, firm, partnership, corporation or other legal entity.

"Physical injury" means impairment of physical condition or substantial pain which is directly caused by a dog's behavior and includes scratches, scrapes, cuts, punctures or other evidence of physical injury.

"Potentially dangerous dog" means any dog which: (1) without provocation: (a) bites or otherwise injures a human person or a domestic animal on either public or private property, or (b) chases or approaches a person upon the streets, alleys, sidewalks, or any public grounds in a menacing fashion or exhibits an apparent attitude of aggression or attack; or (2) any dog which reasonably should be known by its owner to be disposed: (a) to attack or chase or approach persons in a menacing fashion or apparent attitude of aggression or attack without provocation, or (b) to cause injury or otherwise to threaten the safety of humans or domestic animals.

"Premises" means the area of land to which a person has legal or equitable rights of possession, use and control.

"Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed 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 dog.

"Quarantine area" means any area defined by a veterinarian, physician, public health official, or dog control officer where, for a specified period of time, a dog is to be kept separated from other animals or people.

"Serious physical injury" means any physical injury which creates a substantial risk of death or causes permanent loss or protracted impairment of any bodily organ or function or substantial disfigurement.

"Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

"Tag" means a pre-numbered metal or plastic identification license sold to an owner or custodian of a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a license tag.

"Tattoo" means a pre-designed identification number permanently inked into the inside of the ear, lip or flank of the dog.

(Ord. 623 § 2 (part), 2006)

6.06.030 - Dog control zone established.

Pursuant to Chapter 16.10 of the Revised Code of Washington, the incorporated areas of the town are declared to be a dog control zone subject to the regulations of this chapter.

(Ord. 623 § 2 (part), 2006)

6.06.040 - Powers and duties of Yakima County dog control department as authorized by contract with the town of Naches.

Within the town limits of the town of Naches, the powers and duties of a duly authorized officer of the Yakima County dog control department shall be:

(Ord. 623 § 2 (part), 2006)

6.06.050 - Abatement of nuisances.

Violations of this chapter are deemed public nuisances. Any person(s) violating any provision of this chapter may be enjoined from continued violations or ordered to abate such public nuisance whether such injunction be in addition to the civil penalties provided as a part of the disposition in a civil prosecution or in an independent action in equity, and said person(s) shall be liable for all costs and expenses of abating the same.

(Ord. 623 § 2 (part), 2006)

6.06.060 - Enforcement.

The department shall not be required to enforce provisions of this chapter except upon receipt of a written complaint of a person who has satisfactorily identified himself or herself to the department or to the town and has either supplied the name and address of the dog owner or has supplied reasonable evidence to support the fact that the dog does not have an owner. Enforcement thereafter is a matter within the discretion of the town or department and/or its duly authorized agents.

(Ord. 623 § 2 (part), 2006)

6.06.070 - Violation—Penalty.

It is unlawful for any person(s) to violate any provision of this chapter. Any person(s) found in violation thereof shall be guilty, where no penalty is provided by state or county law, of a civil penalty in the amount of two hundred dollars ($200.00). Any violation of this chapter may result in the dog being impounded, and/or destroyed by order of the court.

(Ord. 623 § 2 (part), 2006)