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HomeMy WebLinkAboutResolution 15-052-CC GRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 1 S- � �� -CC AN ORDINANCE AMENDING C�IAPTER 9.0G OF THE GRANT COUNTY CODE TITLED "DOG CONTROL" RECITALS: � VVHEREAS, it is the desire of the Board of County Commissioners to protect the public health, safety, welfare and property of the residents of Grant County by minimizing the exposure of its residents to the hazards of the unregulated use of dogs; and WHEIaEAS,the Grant County Sheriff's Office,by and through its designated animal control officer has requested that chapter 9.06 GCC be amended for the purpose of providing and/or extending additional discretion to such control officer concerning enforcement of provisions set forth in; and WHEREAS, the Board of County Commissioners have determined that it is in the best interests of Grant County to amend chapter 9.06 GCC pertaining to Dog Control. NOW, THEREFORE, BE IT ORDAINED: Section 1. Chapter 9.06 GCC adopted and/or otherwise amended by Grant County Ordinance and Resolution 95-39-CC, 1995; Grant County Ordinance 95-133-CC, 1995; Resolution and Ordinance 98-7-CC § 1, 1998; Resolution and Ordinance 99-143 § 1, 1999; Resolution and Ordinance 00-148-CC § l, 2000; Resolution and Ordinance OS-219-CC § 1, 2005; and, Ordinance No. 08-086-CC, § 2, 9-8-2008, is amended as follows: Chapter 9.06 DOG CONTROL Sections: 9.06.010 Repealer and reenactment. 9.06.020 Declaration of policy. 9.06.030 Definitions. 9.06.040 Responsibilities of owner. 9.06.050 Dogs to be controlled. 9.06.060 Unlawful to keep certain barking dogs. 9.06.070 Kennel license required. ORDINANCE AMENDING CHAPTER 9.06 GCC Page- 1 � Civi I 8/Admin/Jim6/22/2015 9.06.074 Dog license required. 9.06.080 Running at large. 9.06.090 Dogs on public property. 9.06.100 Impoundment procedure--Disposition. 9.06.110 Confinement of females in heat. 9.06.120 Dogs barlcing. 9.06.130 Kennels prohibited. 9.06.140 Interference with animal control officer. 9.06.150 Fees. 9.06.154 License fee and tag. 9.06.160 Citation procedure. 9.06.170 Violation--Penalties. 9.06.180 �"'��„+�N �„M�'�m�„+^�.��Habitual Violator. 9.06.190 c������t3F Personal Obli ation 9.06.200 �'��^+���� ��*� Costs of Enforcement. 9.06.210 Chapter supplementar� 9.06.220 Severabilitv. 9.06.230 Effective date. 9.06.010 Repealer and reenactment. Chapter 9A.06 Grant County Code, adopted by Ordinance No. 77-89-CC, on July 18, 1977, is repealed. Chapter 9.06 Grant County Code, adopted by Ordinance No. 117305, on July 8, 1975, is repealed and reenacted to read as set forth below. (Ord. 95-39-CC (part), 1995). 9.06.020 Declaration of policy. It is declared to be the policy of Grant County, (the "county") and in the public interest, and for the protection of the public health, safety, welfare and property of the residents of Grant County to minimize exposure of citizens to the threat of uncontrolled dogs in the unincorporated areas of Grant County which have sufficient concentrations of people and animals and regulate same, pursuant to its police powers. (Ord. 95-39-CC (part), 1995). 9.06.030 Definitions. For the purpose of this chapter,the following words and phrases used herein shall have the designated meaning unless a different meaning is expressly provided: (1) "Abandonment" means leaving of a dog by its owner(s) or other person(s) responsible for its care or custody without making effective provisions for its proper care. (2) "Animal control authority" means the Grant County sheriff's office or designee, or an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws ot'the county and state and the shelter and welfare of animals. ' (3) "Animal control officer (ACO)" means any individual empowered, employed, contracted with, or appointed by the animal control authority or the county for the purpose of aidi�ng in the enforcement of this ordinance or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law ORDINANCE AMENDING CHAPTER 9.06 GCC Page-2 Civil 8/Admin/Jim6/22/2015 enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. (4) "Animal shelter" means the facility designated by Grant County for the boarding and caring of any dog impounded under the provisions of this chapter or any other ordinance or law of the state of Washington. (5) "Common areas" means and includes, but is not limited to, the yards, grounds, patios, garden areas, play areas, clubhouse, swimming pools, sidewallcs, walkways, common garage areas, entryways,hallways and driveways. (6) "Dog" means any member of the zoological family Canidae, feral or domesticated. (7) "Dog control areas" means the �ollowing unincorporated areas within Grant County in which the uncontrolled use of dogs is prohibited: (a) Desert Aire, more particularly described as follows: The area in Township 14, Range 23, Sections 22, 23, 26 and 27 known as Desert Aire and all of Section 15. The legal description of Desert Aire situate in Township 14 North and Range 23 East of W.M., Grant County, Washington: All of Section 15. All of Section 22 lying Easterly of the Priest Rapids Hydroelectric project area boundary as shown on the map thereof in the Grant County Auditor's office and recorded January 9, 1970 under auditor's No. 551978 in Book 66-RD, page 143. All of Section 23 lying westerly of the right-of-way for Washington State Route 243. That portion of Section 26 bound on the east by the westerly right-of-way of Washington State Route 243 and on the west by the Priest Rapids Hydroelectric project area boundary as shown on the map thereof in the Grant County Auditor's office and recorded January 9, 1970 under auditor's No. 551976 in Boolc 66-RD, page 141. All of Section 271ying northeasterly of the Priest Rapids Hydroelectric project area boundary as shown on the map thereof in the Grant County Auditor's office and recorded January 9, 1970, under auditor's No. 551977 in Book 66-RD, page 142. (b) Larson Subdivision, more particularly described as follows: Beginning at the intersection of SR 17 and Patton Boulevard; thence Northerly on Patton Boulevard to 22nd Street; thence Northerly on 22nd Street to Andraws Street; thence Westerly on Andrews Street to 32nd Street; thence Southerly on 32nd Avenue to Randolph Road; thence Westerly on Randolph Road to SR 17; thence Southerly on SR 17 to the point of beginning, Grant County, Washington. C � ,l�rl<> �lon..r;l�o.7 �n �la-zviiv=d�:r � o T7 �x7 TT !-',,,,,,+�, „�f'1,.�„� C+�4� ..��xT�n1,;,,,.+,,,, r �11,,.,,r• L. . . � � � . ��, „�r-�,,,o.,.�<, ���,,,on r�;�,;r;,,,, n„o � ,.,,,aa,a ;,, r_,,.,,,� r,,,,,,+., n,,,a1�o�S��,.o u,,,.i, i n �,,.,o � ��. „�,a vo�i„� „�r_�+o.,,��, �n+„+An r�;..;r;,,,, -r.,,,, �n ,•o�,.,.,ao,a ;r +t,o rV,,,,,,� r,,,,r�<, n,,,a;�,,,,�n ���;,.,, �, , �-ca�rc—cvm , �ee��l�ge-�-�: �}-} c� Lakeview, more particularly described as follows: The Southeast Quarter and the Southwest Quarter and the South Half of the Northwest Quarter of Section 25, Township 22 North, Range 26 E.W.M. {�}� Marine View, more particularly described as follows: Marine View: The East 659.19 feet of the North 1500.00 feet of Farm Unit 48, Irrigation Block 80, 2nd revision of the irrigation plat recorded August 20, 1962, record of Grant County, Washington lying in the West Half of the Northwest Quarter of Section 17, Township 17 North, Range 28 East W.M. Marine View Heights: ORDINANCE AMENDING CHAPTER 9.06 GCC Page-3 � � Civil 8/Ad min/Jim6/22/2015 That part of Farm Unit No. 48,Block 80, 2nd revision of the irrigation plat recorded August 2, 1962, Records of Grant County, Washington, lying in the West Half of Section 17 and the East Half of Section 18, Township 17 North, Range 28 East, W.M. described as follows: Beginning at the Northwest Corner of said Section 17; thence 00°23'S6" West along the West line of said Section 17, 333.83 feet to the centerline of O'Sullivan Dam Road as it exists February 1976; thence South 71°08' East along said centerline 684.30 feet; thence South 0°20' West 42.19 feet to the Southerly right of way line of said road and the Northwest Cornex of Marine View as recorded in Volume 10 of Plats,Page 5,Records of Grant County,Washington;thence South 0°20'West 1,153.11 feet; to the true point of beginning; thence continuing South 0°20' West 428.89 feet; thence South 71°08'East 630,47 feet to the Westerly right of way line of the W61 WW2 as shown on said irrigation plat; thence South 0°20' West along said right of way 612.08 feet; thence South 63°25'22" West 113.25 feet;thence Noi�th 89°39'West 32.83 feet;thence South 85°14'West 767.13 feet;thence North 4°46' West 10.00 feet; thence South 85°14' West 69.43 feet; thence South 76°47' West 84.73 feet; thence along a curve to the left having a central angle of 38°26'00" and a radius of 174.60 feet, a distance of 117.12 feet; thence South 38°21' West 396.50 feet; thence on a curve to the right having a central angle of 60°46'00" and a radius of 54.60 feet,a distance of 57.91 feet;thence South 9°07'00" West 15.00 feet; thence North 80°53'00" West 94.09 feet; thence South 70°57'00" West 239.13 feet; thence South 74°25'00" West 820.77 feet; thence South 78°26'00" West 63.35 feet to the West line of said Farm Unit No. 48; thence North 0'34'00" East along said West line 1,793.82 feet; thence South 89°40'00" East 1,313.69 feet; thence North 0°20'00" East 296.00 feet; thence South 89°40'00" East 696.00 feet to the true point of beginning. Containing 81.50 acres, {�j�e,� Sunland Estates, more particularly described as follows: The Portions of Section 2, 11 & 12, Township 18 North, Range 22 East W.M., Grant County, Washington,platted as follows: � Sunland Estates Division No. 1 as recorded on page 18 of Plat Book 9, September 7, 1965 Grant County, Washington. Sunland Estates Division No. 2 as recorded on page 32 of Plat Book 8, May 9, 1966 Grant County, Washington. Sunland Estates Division No. 3 as recorded on page 41 of Plat Book 8, December 7, 1967 Grant County, Washington. (g}�f' Parker Spring Acres, more particularly described as follows: All those portions of Farm Unit 30 and 49, Irrigation Blocic 41, Columbia Basin Project in Section 12, Township 19 North, Range 28 East W.M. that have been platted as: Parker Spring Acres, Parker Spring Acres Division 2, Parker Spring Acres Division 3, Parlcer Spring Acres Division 4 and Preliminary plat of Parker Spring Acres Division 5. {-1�}� Pelican Point more particularly described as follows: Poi-tions of the Northwest Quarter of Section 3,Township 18 North,Range 28 E.W.M.AND Portions of the Northeast Quarter of Section 4, Township 18 North, Range 28 E.W.M. AND Portions of the Southwest Quarter of Section 34, Township 19 North, Range 28 E.W.M. identified as follows: ' Pelican Point Addition#1: as recorded in Plat Book 6, pages 32 and 32B in Grant County Auditor's Office. Pelican Point Addition#2: as recorded in Plat Book 1 l,page 23 in Grant County Auditor's Office, Pelican Point Addition #3: as recorded in Plat Book 12, pages 30, 31 and 32 in Grant County Auditor's Office. Pelican Point Addition #4: as recorded in Plat Book 13, pages 9 and 10 in Grant County Auditor's Office. ORDINANCE AMENDING CHAPTER 9.06 GCC Page-4 � C ivil 8/Admin/Jim6/22/2015 Pelican Point Addition#5: as recorded in Plat Book 15,page 25 in Grant County Auditor's Office. (�} � Ridgeview �states, more particularly described in Exhibit A of Ordinance 99-143-CC, designated as Ridgeview Estates, Phase I, Phase TI and Phase III. {�-)� Quail Springs subdivision, more particularly described in Exhibit B of Ordinance 99-143-CC designated Quail Springs, Phase I, Phase II and Phase III. (��}�Grant County Fairgrounds, more particularly described as follows: Those portions of the NE 1/4 NW 1/4 and Govt Lot 1, Section 16, Township 19 North, Range 28 East, W.M., included in a tract described as follows: Beginning at the North quarter section corner of said Section 16 and running thence SO 26'03" West 2,410.00 feet along the North-south centerline thereof,thence N 22°45'37" West 2275.00 feet,thence North 5°59'03" East 299.68 feet thence S 89°30'49" East 68 L20 feet to a point on the West line of an easement for right of way for county road granted to Grant County, October 11, 1929 under App #1316,thence N 8°13'30" West 21.39 feet to the North line of said Section 16,and thence S 89°35'30" East 188.98 feet to the point of beginning. Containing 27.64 acres,more or less. Subject to easements, restrictions& reservations of record. {��Grace Acres Estates, Lots 1 thru 16, Grace Acres Estates Plat, as per plat recorded in Volume 14 of Plats,pages 45 and 46, records of Grant County,more particularly described as follows: A portion of Farm Unit 151; Irrigation Block 40; Columbia Basin Project in the NE 1/4 of Section 35, Township 20 N, Range 28 East W.M.; Grant County, Washington. {-r��1� Northridge Estates, more particularly described as follows: Commencing at the South 1/4 corner between Section 24 and 25, Township 20N.,Range 28E.W.M. on County road 8-NE and the true point of beginning; thence South 30 feet to the South right of way line of said road;thence West along said right-of-way line to road K-NE thence North along said line to a point of intersection between said line and the East boundary of Lot 1 North Ridge Estates Phase 1;thence in a South Easterly direction across road K-NE along the East boundary of Lots 1-3 of said plat to County road 9-NE;thence East along the North right of way line of said road,to the NE corner of Section 24, Township 20N., Range 28E.W.M.; thence South across road 9-NE to the South right of way line of said road; thence the West along said right of way lina to East boundary of Lot 7 of the North Ridge Estates Phase 2 plat; thence in a south and west direction along the East and South boundary of said plat and south along the East boundary of the North Ridge Estates Phase 1 plat to the southeast corner of Lot 12 of the North Ridge Estates Phase 1 plat and the North right of way line , of County road 8-NE; thence east along said right of way line to the North South center section line o� Section 24, Township 20N., Range 28E.W.M.; thence South 30 feet to the South 1/4 corner � between Section 24 and 25, Township 20N., Range 28E.W.M, on County road 8-NE and the true point of begirining. {�r}� Reserved. {e3 � Beverly/Schwana Area, more particularly described as follows: Beginning at the intersection of Beverly-Burke Rd SW and Hwy 243 in S 34 T 16 N R 23 E. Follow Beverly-Burke Rd SW Noi�therly to its intersection with the North line of SAID Section 34. Then follow the North section lines of Sections 34 and 35 (T 16 N, R 23 E) approximately 1 1/2 miles to the North quarter corner of S 35 T 16 N R 23 E. Then follow the East-West center section lines of S 35 T 16 N R 23 E and S 2 T 15 N R 23 E approximately 2 miles to the South quarter corner of S 2 T 15 N R 23 E. Then follow the South section line of Section 2 (T 15 N, R 23 E) approximately 1/2 mile to the Southwest corner of section 2 (T 15 N, R 23 E). Follow the West section line of Section 2 North to its intersection with Lower Crab Creelc. Then follow Lower Crab Creek West to the ORDINANCE AMENDING CHAPTER 9.06 GCC Page-5 C ivi I 8/Admiti/Ji m6/22/2015 Columbia River. Follow the Columbia River Northerly to the Intersection (nearly to) of Beverly Burke Rd SW and Hwy 243; the place of beginning. (8) "Domestic animal" means any living creature, except man, that has been tamed, including but not limited to,pets or livestocic. (9) "Kennel" means a place where more than three dogs are kept for a continuous period in excess of three days; provided, that unweaned pups or dogs less than six weeks old shall not be considered in the determination of a lcennel. (10) "Owner" means any person, firm, corporation, organization or department possessing, harboring, lceeping, having an interest/right/claim/title/legal share in, or having lawful possession, control or custody of a dog. (11) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities. (12) "Running at large" means off the premises of the owner and not under the effective control of the owner, his agent, servant, or competent member of owner's family by means of a leash, cord, or chain reasonable in length, except that, for the purpose of this definition, the "premises of owner" shall not include common areas of a condominium complex, town houses and apartment buildings, and any dog not in the effective control of its owner upon the common areas of a condominium,town house, or apartment building, or the grounds thereof, shall be deemed to be running at large. (13) "Stray dog" means a dog that has no identifiable owner, after reasonable inquiry. (14) "Vicious dog" means any dog that constitutes a physical threat to humans or other domestic animals whether or not such dog has ever displayed any vicious tendencies, bitten, attacked, or threatened any person or domestic animal before that time. This is a specific abandonment of the common law concept that every dog was allowed one vicious act before being declared vicious. (15) All other words and phrases used in this chapter will have their commonly accepted meanings. (Res. and Ord. OS-219-CC § 1, 2005; Res. and Ord. 00-148-CC § 1, 2000; Res. and Ord. 99-143 § 1, 1999; Res. and Ord. 98-7-CC § 1, 1998; Ord. 95-133-CC § 1, 1995; Ord. 95-39-CC (part), 1995), (Ord. No. 08-086-CC, § 1, 9-8-2008) 9.06.040 Responsibilities of owner. (a) It shall be the responsibility of the owner or custodian of any dog in the dog control areas within the county to so control and care for their dog so as to prevent and keep that dog from being in violation of this chapter. In any proceeding to enforce the provisions of this chapter, it shall be conclusively presumed that the owner or custodian o�any dog within the dog control areas within the county is aware of the dogs' whereabouts, condition, or method of being treated and/or ' maintained. (b) The owner or custodian of any dog within the dog control areas within the county shall be responsible for any cost, charge, fee or expense of any nature incurred by the county in capturing, controlling, caring for or destroying any dog in violation of this chapter. Without limitation, but by way of illustration,the following are examples of costs, charges, fees and expenses which the owner or custodian sha11 be responsible to pay to the county: board charges, tranquilizer costs, euthanasia costs, veterinary expenses. (Ord. 95-39-CC (part), 1995). ' 9.06.050 Dogs to be controlled. It is unlawful for any owner or custodian to lceep any dog in an area described in Section 9.06.030(7), dog control areas,unless the dog is controlled at all times by being on a leash, or secured or confined ORDINANCE AMENDING CHAPTER 9.06 GCC Page-6 Civil 8/Admi n/Jim6/22/2015 in a pen or by fence upon the property of the owner or custodian. PROVIDED: Such conditions and restrictions as set forth in this section shall not apblv if, at the discretion of the ACO and /or Law Enforcement bersonnel is determined that the do� is under the comblete control and direct supervision of the owner or custodian while situated on the propertv of the owner or custodian. Any dog not controlled as provided in this section shall be deemed at large and shall be impounded. (Ord. 95-39-CC (part), 1995). 9.06.060 Unlawful to keep certain barlcing dogs. It is unlawful for an owner or custodian of any dog or dogs, including without limitation, any person, firm or corporation, to permit any dog or dogs in dog control areas that frequently, repetitively, or continuously bark(s), howl(s) and/or yip(s) in such a manner that the noise annoys or disturbs the peace, comfort or repose of a reasonable person of normal sensitivity. (Ord. 95-39-CC (part), 1995). 9.06.070 Kennel license required. No person, group of persons, or business entity shall own, lceep, or harbor more than three dogs of six months of age or older or engage in the commercial business of breeding,buying,selling,trading, training or boarding dogs without having obtained a kennel license from the ACO or his/her designee. (a) The kennel license shall expire on the first day of January next succeeding the date of the issuance thereof. The time fixed for the issuing of a license shall commence on the first day of January of each year and no license shall be issued to expire at any other time than that date. The license fee shall be paid in full for any year or part thereof. (b) The yearly fee for licensing a lcennel shall be fifty dollars which shall be the only business license fee the county requires of kennel owners. (c) This section shall not apply to and will not be construed to require a kennel license for a licensed veterinarian to operate an animal clinic or hospital. (d) This section shall not apply to and will not be construed to require a kennel license for any pet shop which sells animals of less than six months of age. (e) Kennel licenses shall not be issued for use in areas zoned R-1 and R-2. (Ord. 95-39-CC (part), 1995). 9.06.074 Dog license required. It is unlawful �or any owner to own or possess any dog over the age of six months within the dog control areas of Grant County, unless such owner first obtains a license therefor as provided in this chapter. (Res. and Ord. 99-143-CC § 2, 1999). 9.06.080 Running at large. (a) It is unlawful for any owner or custodian of any dog to permit any such dog to run loose or be at large upon any public street,highway,or public place,or upon private property owned by a person or persons other than the owner or custodian of the dog, within the dog control areas of the county unless such dog is confined and controlled by a leash, rope, device or cord of such length as is sufficiently short to allow for the containment and control of such dog. Such leash, rope, device or cord shall be of such material and of such size, construction, and o eration as to insure the custodian of the dog at the time can contain, control and restrain the dog. Any person who elects to be at large within the corporate limits with a dog or dogs contained and controllad by a leash, rope, device or ORDINANCE AMENDING CHAPTER 9.06 GCC Page-7 Civi I 8/Admin/Jim6/22/2015 cord as provided for herein shall be in violation of this section if that person in fact does not or cannot control and contain any dog by the leash, rope, device or cord method. PROVIDED: If the dog is situated on the owner's real proberty, such conditions or restrictions as set forth in this section shall not appl ty o dogs under the complete control and direct supervision of the owner or custodian while bein t�ported to and/or from a motor vehicle. (b) Dogs injured or killed in the street shall be considered as running at large; the animal control officer shall remove all such dogs and, at his/her discretion, take those needing medical attention to a veterinarian or the animal control shelter. The owner of any such dog shall be responsible for all expenses of the treatment and of the impoundment. All reasonable efforts will be made to notify the owner or custodian of any such dog prior to the dog being treated and impounded. Injured dogs may be destroyed humanely, if it is determined by the animal control officer or a veterinarian that the dog has sustained critical injuries, suffering is extreme, and/or the prognosis for recovery is poor. The animal control officer shall consult with a veterinarian as to the disposition of injured dogs,when the dog's prognosis cannot be ascertained with reasonable certainty. (Ord. 95-39-CC (part), 1995). 9.06.090 Dogs on public property. All dogs found upon any of the public streets, highways or public places or upon private property owned or leased by a person or persons other than the custodian of the dog, within the boundaries of the dog control areas of the county, shall be deemed to be running loose or to be at large, within the meaning of this chapter, except such dogs as may be under the control by means of a chain or leash or which may be secured within a vehicle. (Ord. 95-39-CC (part), 1995). 9.06.100 Impoundment procedure--Disposition. (a) Any dog found running at large contrary to the provisions of this chapter within the dog control areas of the county shall be subject to seizure by the animal control officer, or any other authority designated by the sheriff for the purpose of seizing such dogs.Any private person shall have the right to seize any such dog running at large contrary to the provisions of this chapter and to immediately notify the animal control officer, or any other authority designated by the sheriff for the purpose of seizing such dog. (b) After any such seizure, a written record thereof shall be lcept in a record book for that purpose at the Grant County sheriff's office, which record shall give a general description of such dog, and such dog so seized shall be held for a period of forty-eight hours from the time of impounding, exclusive of holidays and Sundays, during which time the owner or custodian of such dog, upon establishing ownership or control of such dog,may recover the same by paying an impounding and/or redemption fee, together with a boarding fee as established by the Grant County Humane Society. The owner,by paying such impounding and/or redemption fee and boarding fee, shall not thereafter be immune from other liabilities imposed by this chapter. (c) If such dog is not claimed within forty-eight hours, exclusive of holidays and Sunday, from the time of impounding, the dog may be put to death, or otherwise disposed of as directed by the Grant County sheriff or his/her designee. Any funds received from the sale of the dogs, in addition to the cost of boarding the dogs, shall be placed in the current expense fund of the county. (Res. and Ord. 99-143-CC § 3, 1999: Res. and Ord. 98-7-CC § 3, 1998: Ord. 95-39-CC (part), 1995). ORDINANCE AMENDING CHAPTER 9.06 GCC Page-8 C ivi I 8/Admin/Jim6/22/2015 9.06.110 Confinement of females in heat. Any unspayed female dog in the stage of estrus (heat) shall be confined during such period of time in a house, building, or secure enclosure, and such area of enclosure shall be so constructed that no other dog or dogs may gain access to the confined animal. The animal control officer shall order any unspayed female that is in the stage of estrus (heat) and that is not properly confined or any such dog that is creating a neighborhood nuisance to be removed to a boarding kennel or to a veterinary hospital. All expenses incurred as a result of the confinement shall be paid by the owner. Failure to comply with the order of the animal control officer shall be a violation of this provision, and the animal shall then be impounded as prescribed in this chapter, subject to monetary penalties and charges as directed. , (Ord. 95-39�CC (part), 1995). 9.06.120 Dogs barlcing. T*�"�" "�*'���„+�,^�+The ACO and/or law enforcement personnel shall have authority and discretion to respond to and investigate complaints of any dog which by frequent or habitual howling, yelping, or barking�annoys or disturbs a neighborhood or the quiet and repose oF a complainant,�The ACO and /or law enforcement personnel shall have the authority to issue a citation based on complaints from three separate households, or if otherwise warranted. (Res. and Ord. 98-7-CC §§ 2, 4, 1998: Ord. 95-39-CC (part), 1995). 9.06.130 Kennels prohibited. It is unlawful for any person,firm,business or corporation to maintain and/or operate a lcennel within animal control areas, except as set forth herein. (Ord. 95-39-CC (part), 1995). 9.06.140 Interference with animal control officer. It is unlawful for any person to interfere with, molest, hinder or obstruct an animal control officer (ACO) or any sheriff s office employee or official in the discharge of his/her official duties under this chapter. (Ord. 95-39-CC (part), 1995). 9.06.150 Fees. Any dog impounded under the provisions of this chapter shall not be released until the owner of such dog shall have paid or made arrangements to pay all fees and charges due. (Ord. 95-39-CC (part), 1995). 9.06.154 License fee and tag. (a) The license fee shall be in the sum of five dollars per calendar year for neutered male dogs and spayed female dogs, and twenty-five dollars for non-neutered and unspayed female dogs. Upon payment of such license fee to the Grant County sheriff s office or its designee, and upon proof o� current rabies vaccination, it shall be the duty of the Grant County sheriff s office or its designee, to issue a license to the party making application therefor, except as hereinafter provided. (b) The license shall expire on the first day of January following the date of the issuance thereof and the time fixed for the issuing of a license shall commence on the first day of January of each year and no license shall be issued to expire at any other time than that date. The license fee required ORDINANCE AMENDING CHAPT�R 9.06 GCC Page-9 Civi I 8/Adm in/Jim6/22/2015 hereunder shall be paid on or before February 1 st of each year. There shall be a twenty dollar penalty added to the above fees if the owner of a dog fails to renew the dog's license prior to February 2nd of each year. A metallic tag will be issued along with a license that shall bear a serial number corresponding with the number of the license. The owner of any dog so licensed shall cause the metallic tag for the current year to be firmly attached to a substantial collar. Lost tags will be replaced by the Grant County sheriffs office or designee upon payment of an additional fee of one dollar. (c) All owners must present a current rabies vaccination certificate before a dog license can be obtained from the Grant County sheriff s office or designee. (d) A dog properly licensed in another recognized jurisdiction is exempt from the licensing provisions of this chaptex for up to a sixty day period. (Res. and Ord. 99-143-CC § 4, 1999). 9.06.160 Citation procedure. Whenever an ACO and/or law enforcement personnel have reasonable �rounds to believe that an animal is violatin� or bein� maintained in violation of this title, the officer is authorized and ma� issue to the violator a notice of violation containin�, but not limited to: (a)The names and address, if known, of the owner or person in violation of this title; (b)A statement that the animal control of�cer has found the animal is violatin�, or being maintained in violation of this title with a brief description of the violation; and,(c) A statement assessin� a civil penalty for each violation as set forth in section 9.06.170 of this chapter. The notice of violation mav be served on the owner or keeper of the animal in violation of this title either personall�y mailin�pv of such notice bvi certified mail,postage�repaid,return recei�t requested, to the person at his or her last lcnown address. If service is by certified mail, the service sha11 be deemed complete upon the third dav followin tg he day upon which the notice was placed in the mail. Proof of personal service of the notice shall be made at the time of service by a written declaration under penaltv of perjury executed b�the person effectin� service, declarin� time date and manner in which service was made. PROVIDED: In the alternative issuance of a notice of infraction mav be accordance with provisions set forth in RCW Chapter 7.80, et sec� T��oEed��n�s;��^��e��e#'—r�c�ie�Hearings, assessments and payment of monetary penalties, shall be in accordance with the provisions of RCW Chapter � 7.80, et seq. Hearings on notices of infractions issued pursuant to this chapter shall be held in the Grant County district court. (Ord. 95-39-CC (part), 1995). 9.06.170 Violation--Penalties. Failure to comply with the provisions of this chapter shall subject the violator to the following penalties: TABLE INSET: (a) First offense $47.00 (b) Second offense $95.00 (c) Each subsequent offense $190.00 ORDINANCE AMENDING CHAPTER 9.06 GCC Page- 10 Civi(8/Admin/Jim6/22/2015 (Ord. 95-39-CC (part), 1995). 9.06.180 ������Habitual Violator f��r1�� �C-r'��-9,8�9�-�-9-��'x��}�-T Any owner havin� been found to have committed four or more civil infractions of this chapter whether sin u�y or in combination, within a five-vear period shall be �uiltv of a misdemeanor. 9.06.190 a�� Personal Obli ag tion � T�'�,��. ,-„-.,�>;�;�.v. .,f 4L,;� ..1,�,-,+o,. > > I �;v�i�����p� n�µN+o�• �r+�� wNN�ivn4;�v� ��+ti.v Niv`v'i�iivi v�v v+i.uvi Nvi.�" n4�. c.' n�nll I .,+l.v .,FF ..1-�.a. ..�� ..� . ..� u��v�. � �u i f���-�� C-r.,'—(� •",,�,�. Penalties aald related costs are personal obli�atiol�s of tl�e animal ownex. Tl�e prosecutin�„atto�•nev on behalf of tl�e count�y collect �enalty �nd related costs by use o�apUro�riate le�al remedies. In cases of snlall claiir�s, the coLrnt�anilnal control agealcy shall be authorized to collect stich costs fees, and�enalties, as sha�l be owin� 9.06.200 €�f�tii�-c��� C�asts of Eriforcement TL.v ,..a;,-, � • . � In addition to costs and disbursements provided for bv statute, the prevailing�artv in a collection action under this title mav, in the court's discretion, be allowed a reasonable attornev's fee. The prosecutin� attorney shall seek such costs and attorney's fees on behalf of the cour�ty, when the county is the prevailin�part� 9.06.210 Chapter su�plementar� The provisions of this chapter sha11 be supplementary to the provisions of Chapter 16.08 RCW relatin tg o dan�erous do�s and Chapter 9.07 of this code relating to potentiallv dangexous do�s �Res. and Ord. 98-7-CC § 5, 1998: Ord. 95-39-CC (part), 1995� 9.06.220 Severabilitv. If an��rovision of this chapter, or its application to an��erson or circumstance is held invalid the remainder of the chapter or the application of the provisions to other persons or circumstances shall not be affected. (Ord. 95-39-CC (,�art), 1995� 9.06.230 Effective date. The ordinance codified in this chapter shall take effect the 21 st dav of July, 2015. (Ord. 95-39-CC (pai�t), 1995). ORDINANCE AMENDING CHAPTER 9.06 GCC Page- 11 Civil 8/Ad mi n/JimG/22/2015 Section 2: If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance the application of the provisions to other persons or circumstances shall not be affected. . Section 3: This ordinance, amending the existing text for chapter 9.06 GCC, shall be effective when signed. A PUBLIC HEARING WAS HELD ON THE ABOVE RESOLUTION/ORDINANCE AT 11:00 O'CLOCK A.M. Ol�T THE 21ST DAY OFJULY,2015. NOW THEREFORE, BE IT RESOLVED ANl) ORDAINED THAT THE BOARD OF COUNTY COMMISSIONERS adopt this ordinance.. I I PASSED AND ADOPTED this�day of �c.e, � , 2015. BO ¢ OF COUNT COMMISSIONERS � -- ._�-._- ichard St� ns Chair 1 indy rter, Vi e Chair Carolann Swartz, Member ATTEST: ,.,-''. � � I ar ara J. Vasq z ministrative Assi t nt/ k o�the Board � PUBLISHED July gtE', 2015 Appro as to form: By Jim i e Deputy rosecuting Attorney Date: � � � ORDINANCE ANIENDING CHAPTER 9.06 GCC Page- 12 Civi I 8/Admi n/Ji mG/22/2015