6.06.100 - Prohibited dog behaviors.

It is unlawful for any owner to permit any dog to engage in any of the following behavior:

A.

Level 1 behavior: Occurring when any dog is at large;

B.

Level 2 behavior: Occurring when a dog at large menaces, chases, displays threatening behavior, displays aggressive behavior or otherwise threatens or endangers the safety of any person, domestic animal, or livestock;

C.

Level 3 behavior: Occurring when a dog at large causes physical injury to any person, domestic animal, or livestock, but does not include biting;

D.

Level 4 behavior: Occurring when a dog, not at large, bites, or causes physical injury to any person;

E.

Level 5 behavior: Occurring when a dog, while at large, either bites or causes severe injury to any person, or kills any domestic animal or livestock;

F.

Level 6 behavior: Occurring when a dog: (1) whether or not confined, causes the serious physical injury or death of any person, (2) is used as a weapon in the commission of a crime, or (3) which has engaged in Level 5 behavior subsequently engages in Level 6 behavior after that dog's owner has received notice that the dog has exhibited Level 5 behavior.

(Ord. 623 § 2 (part), 2006)

6.06.110 - Control of dogs displaying prohibited behaviors.

It is unlawful for any owner to fail to comply with the following provisions applicable to dogs which have engaged in or displayed behaviors described in Section 6.06.100.

A.

Dogs which have exhibited Level 2 behavior shall be physically restrained in a manner that prevents the dog from reaching any public sidewalk, alley, street or adjoining property. Such dogs must be located so as not to interfere with the public's legal access to the dog owner's property. Whenever that dog is off the dog owner's property or premises, it must be on a chain leash under the actual control of a capable person. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of liability insurance was required in Section 6.06.310.

B.

Dogs which have exhibited Level 3 behavior shall be confined within a secure enclosure whenever the dog is not on a chain leash or inside the home of the owner. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's property or premises. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of liability insurance was required in Section 6.06.310.

C.

Dogs which have exhibited Level 4 or Level 5 behavior shall be confined within a secure enclosure whenever the dog is not inside the home of the owner. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's property or premises. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of liability insurance was required in Section 6.06.310. The dog owner shall not permit the dog to be off said owner's property or premises unless the dog is muzzled and on a chain leash, and under the actual control of a capable person.

D.

Dogs which have exhibited Level 6 behavior shall be euthanized at the owner's expense.

E.

All potentially dangerous dogs may be required by the department or the town to be micro-chipped at the owner's expense.

(Ord. 623 § 2 (part), 2006)

6.06.120 - 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. Any person found guilty of a violation of this section shall be fined two hundred twenty-five dollars ($225.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.130 - Interference of dog at large with traffic.

Any interference by a dog at large with the normal flow of traffic within the incorporated limits of the town, which interference subsequently causes a traffic accident to occur, shall result in the dog owner being held financially liable for damages and/or injuries sustained by any involved vehicles, persons and/or property.

(Ord. 623 § 2 (part), 2006)

6.06.140 - Restraint within quarantine area.

It is unlawful for any person to permit any dog to leave the confines of any quarantine area. Any person found guilty of a violation of this section shall be fined five hundred dollars ($500.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.150 - Abuse of dogs prohibited.

It is unlawful for any person to physically abuse any dog or to fail to furnish adequate care, including without limitation to water, food, shelter and medical attention, or to confine a dog with any dangerous dog. Any person found guilty of a violation of this section shall be fined five hundred dollars ($500.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.160 - Abandonment of dogs prohibited.

It is unlawful for any person to leave any dog unattended for more than twenty-four (24) hours without adequate care, including without limitation water, food, shelter, sanitation, ventilation, rest and medical attention. Any person found guilty of a violation of this section shall be fined five hundred dollars ($500.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.170 - Confinement in motor vehicle prohibited.

It is unlawful for any person to leave any dog confined within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the dog, including without limitation conditions involving dangerous temperature, lack of food, water or attention. Any person found guilty of a violation of this section shall be fined five hundred dollars ($500.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.180 - Removal of dog waste.

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. Any person found guilty of a violation of this section shall be fined one hundred twenty-five dollars ($125.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.190 - Presumption of ownership.

The owner or rightful occupant of any premises is presumed to own any dog kept at that premises, and said owner or occupant shall be deemed responsible for any damages or injuries caused by a dog while said dog is at large.

(Ord. 623 § 2 (part), 2006)

6.06.200 - 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. Any person found guilty of a violation of this section shall be fined two hundred twenty-five dollars ($225.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.210 - Dog bites to be reported.

A.

It is unlawful for any owner 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 time as to unreasonably disturb the peace, quiet, comfort and repose of others within the town of Naches. Any person found guilty of a violation of this section shall be fined one hundred twenty-five dollars ($125.00) for each violation.

B.

It shall be an affirmative defense to subsection A 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 the premises of the dog owner.

(Ord. 623 § 2 (part), 2006)

6.06.220 - Receiving and responding to infraction notices.

A.

A person who is to receive a notice of civil infraction or criminal citation under this chapter is required to identify himself or herself to the animal control officer or law enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver's license or identification card.

B.

A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction or criminal citation.

C.

A person who fails to sign a notice of a civil infraction or criminal citation is guilty of a misdemeanor.

D.

Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction or criminal citation is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction or criminal citation.

(Ord. 623 § 2 (part), 2006)

6.06.230 - Habitual violators.

Any owner:

A.

Having been convicted of two or more criminal violations of this chapter, whether singularly or in combination within a five-year period; or

B.

Having been found to have committed four or more civil infractions of this chapter, whether singularly or in combination within a five-year period, shall be guilty of a misdemeanor.

(Ord. 623 § 2 (part), 2006)

6.06.240 - Barking dogs prohibited.

A.

No person shall keep on any premises a dog which habitually or persistently howls, yelps, barks or makes other noises in such a manner as to deprive a neighboring person or persons of peace and quiet.

B.

It shall be an affirmative defense to subsection A 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 the premises of the dog owner.

(Ord. 623 § 2 (part), 2006)