HomeMy WebLinkAboutOrdinance 95-039-CC. ft . `
GRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
ORDINANCE NO. 95-39 - CC
RESOLUTION NUMBER 95 -39 -CC
An ORDINANCE repealing Chapter 9A.06 and Chapter 9.06 of the Grant
County Code, and reenacting a new section to the Grant County Code, regulating
the control of dogs in Dog Control Areas within Grant County:
WHEREAS, certain unincorporated areas within Grant County have undergone
rapid population growth and have acquired higher urban -type densities than is
normal in rural settings; and
WHEREAS, the unregulated use of dogs in and around these areas with higher
urban -type densities is a potential threat to the health, safety, welfare and property
of resident populations; and
WHEREAS, the Board of Commissioners of Grant County desire to protect the
public health, safety, welfare and property of the residents of Grant County by
minimizing the exposure of it residents to the hazards of the unregulated use of dogs
in areas which have high concentrations of people and animals; and
WHEREAS, a petition has been filed with the Board of Commissioners of Grant
County by the Gateway Estates Homeowners Association requesting that an Animal
Control Area be established within the Gateway Estates community, regulating the
use of dogs within said area; and
WHEREAS, Grant County officials have been repeatedly contacted by residents
in other areas of Grant County with similar resident populations and urban -type
densities as Gateway Estates, requesting similar relief from dogs; and
WHEREAS, the Gateway Estates community and other areas of Grant County
have sufficiently developed and undergone a rapid increase in population growth and
are changing into communities with urban -type concentrations of people; and
WHEREAS, the Board of Commissioners of Grant County has determined that
it is advisable and necessary for the public health, safety and welfare of the
residents of Grant County to establish Dog Control Areas within unincorporated
areas of Grant County sufficiently developed and with higher concentrations of
population than is normal in rural settings, regulating the use of dogs within Dog
Control Areas; and
WHEREAS, Washington law empowers the Board of Commissioners of Grant
County to enact ordinances for the reasonable regulation of dogs; and
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WHEREAS, Grant County presently has a dog control ordinance pertaining to
the control of dogs in Larson Division, as a Dog Control Area; and
WHEREAS, existing Grant County ordinances pertaining to dog control within
Dog Control Areas do not apply to any of the remaining unincorporated areas in
Grant County; Now, Therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT
COUNTY, STATE OF WASHINGTON, THAT DOG CONTROL AREAS BE
ESTABLISHED WITHIN GRANT COUNTY AND THAT DOGS WITHIN DOG CONTROL
AREAS BE REGULATED PURSUANT TO THE FOLLOWING ORDINANCE:
SECTIONS:
9.06.010 - REPEALER AND RE-ENACTMENT
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
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 BARKING
9.06.130 - KENNELS PROHIBITED
9.06.140 - INTERFERENCE WITH ANIMAL CONTROL OFFICER
9.06.150 - FEES
9.06.160 - CITATION PROCEDURE
9.06.170 - PENALTIES
9.06.180 - CHAPTER SUPPLEMENTARY
9.06.190 - SEVERABILITY
9.06.200 - EFFECTIVE DATE
9.06.010 - REPEALER AND RE-ENACTMENT - 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 re-enacted to read as set forth below.
9.06.020 - DECLARATION OF POLICY - It is hereby 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.
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9.06.030 - DEFINITIONS - For the purpose of this chapter, the following words and
phases 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 of 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 aiding
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 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, sidewalks, 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 following unincorporated areas
within Grant County in which the uncontrolled use of dogs is
prohibited:
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:
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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 Book 66 -RD, page 141. All of Section 27 lying
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.
Larson Division, more particularly described as follows:
That portion of Sections 4 and 5, Township 19 North, Range 28
E . W . M . , and of Sections 32 and 33, Township 20 North, Range 28
E . W . M . , described as follows:
Beginning at a point on the South line of Section 4 at its
Intersection with the center line of Patton Boulevard, which
point is 590.75 feet South 89131125" West from the South quarter
corner of said Section 4, (whose Washington State grid South
Zone coordinates are x = 2296320.75 and y = 668620.92, and are
referred to USC and GS station "SPAD" whose Washington State
grid South Zone coordinates are y = 676911.66 and x =
2288625.74); thence North 18056114" West along the center line of
said Patton Boulevard 2,581.20 feet; thence North 20000129" West
along said center line 1,433.87 feet; thence North 19153104" West
along said center line 1, 228.71 feet; thence North 30126141" West
along the said center line of 1,287.31 feet; thence continuing
along said center line on a curve to the left having a radius of
852.12 feet, a distance of 554.88 feet through a central angle of
37018135"; thence continuing along said center line North
67045116" West 215.27 feet; thence continuing along said center
line on a curve to the left having a radius of 870.60 feet, a
distance of 800.94 feet; thence continuing along said center line
South 59132104" West 222.26 feet; thence North 30013131" West
220.14 feet to the center line of Castle Drive; thence South
61021106" West 156.60 feet to the center line of Arnold Drive;
thence North 30028125" West along the center line of Arnold Drive
749.88 feet to the center line of Eglin Street; thence South
89002150" West 1,010.05 feet to the East Right of Way line of
Secondary State Highway No. 11-G, as conveyed to the State of
Washington by easement recorded January 26, 1967, under
Auditor's File No. 515128; thence Southeasterly along said Right
of Way line 7,975 feet, more or less, to the South line of said
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Section 5; thence South 89058112" East to the Southeast corner of
said Section 5; thence North 89131125" East 2,059.07 feet, more
or less, to the point of beginning,
AND EXCEPT those tracts of land conveyed to the City of Moses
Lake by deed recorded June 30, 1967, in Book 26 of Recorded
Documents, page 172, under Auditor's File No. 525222, said
tracts being identified therein as "Lift Station B" and "Lift
Station D, rr
AND EXCEPT that tract of land conveyed to the City of Moses
Lake by deed recorded 20 September 1967 in Book 29 of Recorded
Documents, page 472 under Auditor's file #528060 said tracts
being identified therein as "Lift Station A. "
Longview Tracts, more particularly described as follows:
That portion of the southeast Quarter of the Southeast Quarter
Lying West of the West Boundary of the Railroad Right of Way
and that portion of the Northeast Quarter of the Southeast
Quarter Lying West of the West Boundary of the Railroad Right
of Way all in Section 10, Township 19 North, Range 28 E.W.M.
Gateway Estates, more particularly described as follows:
That portion of the North Half of the Northeast Quarter of
Section 9, Township 19 North, Range 28 E.W.M. County of
Grant, State of Washington, as follows:
Plat of Gateway Estates Division One as recorded in Grant County
Auditors office, Book 10 Page 37; and Replat of Gateway Estates
Division Two as recorded in the Grant County Auditor's office,
Book 10 Page 52.
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.
(8) "Domestic Animal" means any living creature, except man, that
has been tamed, including but not limited to, pets or livestock.
(9) "Kennel" means a place where more than three (3) dogs are kept
for a continuous period in excess of three (3) days. PROVIDED:
that unweaned pups or dogs less than six (6) weeks old shall not
be considered in the determination of a kennel.
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(10) "Owner" means any person, firm, corporation, organization or
department possessing, harboring, keeping, 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 herein will have their commonly
accepted meanings.
9.06.040 - RESPONSIBILITIES OF OWNER - 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 of 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.
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
shall be responsible to pay to the county: board charges, tranquilizer costs,
euthanasia costs, veterinary expenses.
MIC
9.06.050 - DOGS TO BE CONTROLLED - It shall be unlawful for any Owner or
custodian to keep 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 in a pen or by fence upon the property of the Owner or custodian. Any dog
not controlled as provided in this section shall be deemed at large and shall be
impounded.
9.06.060 - UNLAWFUL TO KEEP CERTAIN BARKING DOGS - It shall be 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.
9.06.070 - KENNEL LICENSE REQUIRED - No person, group of persons, or business
entity shall own, keep, or harbor more than three (3) dogs of six (6) 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 y ear or part thereof.
B . The yearly fee for licensing a kennel shall be fifty and no/100
dollars ($50.00) 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 (6) months of age.
E. Kennel licenses shall not be issued for use in areas zoned R-1
and R-2.
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
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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 as to insure the custodian of the
dog at the time can control and restrain the dog. Any person
who elects to be at large within the corporate limits with a dog or
dogs contained and controlled by a leash, rope, device, or 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.
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.
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.
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 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 kept 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 (48) 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 in the sum of five
and no / 100 dollars ($5. 00) per day or any part thereof , which
shall be paid to the keeper of such dog. The impounding and/or
redemption fee for the first time a dog is seized shall be ten and
no/100 dollars ($10.00) which shall be waived if the dog is
redeemed by the Owner or the agent of the Owner. For the
second time a dog is seized shall be twenty and no/100 dollars
($20.00), and for a third or further time a dog is seized shall be
thirty-five and no/100 dollars ($35.00) . 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 (48) 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.
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.
9.06.120 - DOGS BARKING - It shall be the duty of the Grant County Sheriff or
Animal Control Officers to respond to and investigate complaints of any dog which
by frequent or habitual howling, yelping, or barking that annoys or disturbs a
neighborhood or the quiet and repose of a complainant, and shall have the authority
to issue a citation if warranted.
9.06.130 - KENNELS PROHIBITED - It shall be unlawful for any person, firm,
business, or corporation to maintain and/or operate a kennel with Animal Control
Areas, except as set forth herein.
9.06.140 - INTERFERENCE WITH ANIMAL CONTROL OFFICER - It shall be 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.
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.
9.06.160 - CITATION PROCEDURE - The procedures for issuance of a Notice of
Infraction, hearings, assessments and payment of monetary penalties, shall be in
accordance with the provisions of Chapter 7.08 RCW. Hearings on Notices of
Infractions issued pursuant to this ordinance shall be held in the Grant County
District Court.
9.06.170 - PENALTIES - Failure to comply with the provisions of this chapter shall
subject the violator to the following penalties:
1. First offense $ 47.00
2. Second offense $ 95.00
3. Each subsequent offense $ 190.00
9.06.180 - CHAPTER SUPPLEMENTARY - The provisions of this chapter shall be
supplementary to the provisions of Chapter 16.08 RCW relating to dangerous dogs
and Chapter 22.36 of the Grant County Code relating to potentially dangerous dogs.
9.06.190 - SEVERABILITY - If any provision of this ordinance, or its application to
any person or circumstance is held invalid, the remainder of the ordinance or the
application of the provisions to other persons or circumstances, shall not be
affected.
9.06.200 - EFFECTIVE DATE - This ordinance shall take effect the day of
April, 1995.
A public hearing was held on the above ordinance at 1:30 o'clock p.m.,
on the 3rd day of April, 1995.
NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY
COMMISSIONERS adopt this ordinance.
PASSED this 3rd day of April, 1995.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNT,7, WASHINGTON
I
Tim Sn ad, Chair
Helen Fancher, Member
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ATTEST:
QO ,✓1
Peggy 4rjal&
Clerk of tMoard
APPROV D AS TO OR NLY:
Sty h . Ha�rom
Depu Prosecuting Attorney
PUBLISHED: 03/23/95; 03/30/95
LeRoy C. r is&n—, Member
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