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Kittitas County Code

Title 6 | Animals

Chapters
6.01 Dog Control

Chapter 6.01
Dog Control

Sections
6.01.010 Purpose of provisions.
6.01.020 Definitions
6.01.030 Dog control zone established.
6.01.040 Kittitas County Sheriff’s Office –Dog Ordinance– powers and duties.
6.01.050 Violations – Penalties.
6.01.060 Receiving and responding to infraction notices.
6.01.070 Habitual Violators.
6.01.080 Ownership by person under 18 years of age.
6.01.090 Abatement of nuisances.
6.01.100 Enforcement.
6.01.180 Control of Dogs.
6.01.190 Control of potentially dangerous/dangerous dogs.
6.01.200 Dog in estrus at large prohibited.
6.01.210 Restraint within quarantine area.
6.01.220 Abuse of dogs prohibited.
6.01.230 Abandonment of dogs prohibited.
6.01.240 Dog Health and Safety.
6.01.250 Removal of dog waste from public areas.
6.01.260 Rabies inoculation required
6.01.280 Dog bites to be reported.
6.01.290 Impoundment of Dogs.
6.01.300 Interference with impounding.
6.01.310 Notice of impoundment
6.01.320 Recovery of impounded dogs.
6.01.330 Disposition of dogs.
6.01.340 Remittance of fees and charges
6.01.350 Dangerous dogs – Registration requirements – Fees.
6.01.450 Severability.
6.01.460 Immunity.

6.01.010 Purpose of provisions.
The purpose of the dog control ordinance codified in this Chapter is to enhance public health, safety, and welfare through the regulation of dog ownership and reduce or eliminate offensive dog behavior. (Ord. 2018-001, 2018)

6.01.020 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" means any dog having a set of permanent canine teeth, or older than six months of age.
  2. "Aggressive behavior" means any physical contact between dog and person, where a responsible 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.
  3. "Animal" means any dog, cat, exotic, wild or dangerous animal or livestock.
  4. "At large" means, with regard to dogs, being physically present on public property and not under the actual control of a 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 exhibited in dog shows, field trials, obedience training or trials, or the training of dogs; or
    2. The use of a dog under the supervision of a person wither to hunt wild animals or game birds during the open seasons, or to chase or tree predatory animals; or
    3. The use of a dog either to control or protect livestock or property or in other related agriculture activities under the supervision of dog owner.
    4. The use of a dog in a law enforcement or related activity or function.
  5. "Bite" means to seize with teeth or jaws so as to enter, grip, wound or pierce, which causes visible injury.
  6. "Board" means the Board of Kittitas County Commissioners.
  7. "Capable person" means any individual having attributes, including physical and mental abilities, sufficient to control an animal and being at least 18 years of age.
  8. "Conviction" means either an adjudication of guilt for a misdemeanor or gross misdemeanor pursuant to Kittitas County Code Chapter 6.01 including a verdict of guilty, a finding of guilty, an acceptance of a plea of guilty or a forfeiture or bail; or any committed finding after adjudication for an infraction pursuant to KCC Chapter 6.01.
  9. "County" means the unincorporated area of Kittitas County, Washington.
  10. "Dangerous dog" means any dog that, according to the records of an appropriate authority, including but not limited to the records of the county dog control department, the county sheriff's office, 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 killed livestock or a domestic animal without provocation while off the dog owner's property.
    3. Has displayed aggressive behavior, 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 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.
  11. "Department" means the Kittitas County Sheriff’s Office.
  12. "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.
  13. "Microchip" means a device implanted for identification purposes.
  14. "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 property.
  15. "Owner" means any person or legal entity who knowingly harbors, keeps, possesses or maintains an animal, or who encourages an animal to remain about their property for a period of 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 years of age shall be deemed the owner for the purposes of this chapter.
  16. "Permit" means and includes human conduct that is intentional, deliberate, careless, inadvertent or negligent in relation to any animal owned by the person.
  17. "Person" means any individual or natural person at least 18 years of age, association, firm, partnership, corporation or other legal entity.
  18. "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, but not to include dog bite or bites.
  19. "Potentially Dangerous Dog" means:
    1. Any dog that without provocation:
      1. Bites or otherwise injures a human person or a domestic animal on either public or private property; or
    2. Any dog which reasonably should be known by its owner to be disposed:
      1. To attack or chase or approach persons in a menacing fashion or apparent attitude of aggression or attack without provocation; or
      2. To cause injury, or otherwise threaten the safety of humans or domestic animals.
    3. Any dog at large in a pack of three or more.
  20. "Premises" means the area of land to which a person has legal or equitable rights of possession, use and control.
  21. "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.
  22. "Secure enclosure" means secure confinement of a dangerous dog or a potentially dangerous dog on its owner's premises, either 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, a secure top and a secure bottom, and shall also provide protection from the elements for the dog.
  23. "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.
  24. "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
  25. "Tag" means a pre-numbered 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.
  26. "Tattoo" means a pre-designated identification number inked into the inside of the ear, lip or flank of the dog. (Ord. 2018-001, 2018)

6.01.030 Dog control zone established.
Pursuant to RCW Chapter 16.10, the unincorporated territory of Kittitas County is hereby declared to a dog control zone subject to the regulations of this chapter. (Ord. 2018-001, 2018)

6.01.040 Kittitas County Sheriff’s Office – Dog Ordinance – powers and duties.

  1. The Kittitas County Sheriff’s Office shall:
    1. Enforce the provisions of this chapter, the Kittitas County Code and the laws of the State of Washington relating to dogs, and to discharge the duties provided herein.
    2. Collect, according to the provisions of the Kittitas County Code, any costs, fees or charges for registration, licensing and impounding or keeping any dog.
    (Ord. 2018-001, 2018)

6.01.050 Violations – Penalties.
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 that any person who violates KCC 6.01.060, 6.01.070, 6.01.080, 6.01.180(2)-(3), 6.01.190(1)(a), and/or 6.01.190(1)(b), shall be guilty of a misdemeanor. Any person who violates KCC 6.01.180(4)-(6) and/or 6.01.190(1)(c)-(d), shall be guilty of a gross misdemeanor. Upon conviction of any misdemeanor violation of this Chapter, such person shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. Unless otherwise specified in this Chapter, any person found guilty of a civil infraction of this Chapter shall be fined one hundred twenty-five dollars ($125.00) for each violation. Any violation of this Chapter may result in the dog being impounded, and/or destroyed by order of the court. (Ord. 2018-001, 2018)

6.01.060 Receiving and responding to infraction notices.

  1. 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 identicard.
  2. A person who is unable to 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.
  3. A person who fails to sign a notice of civil infraction or criminal citation is guilty of a misdemeanor as set out in KCC 6.01.050.
  4. 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 as set out in KCC 6.01.050 regardless of the disposition of the notice of civil infraction or criminal citation. (Ord. 2018-001, 2018)

6.01.070 Habitual Violators.

  1. Having been convicted of two or more criminal violations of this Chapter, whether singularly or in combination within a five-year period; or
  2. 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 as set out in KCC 6.01.050. (Ord. 2018-001, 2018)

6.01.080 Ownership by person under 18 years of age.
Any person under the age of eighteen years old who owns any dangerous animal as defined in KCC 6.01.020(10) shall be guilty of a misdemeanor as set out in KCC 6.01.050. (Ord. 2018-001, 2018)

6.01.090 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, whether such injection 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 shall be liable for all costs and expenses of abating the same. (Ord. 2018-001, 2018)

6.01.100 Enforcement.

  1. The department shall not be required to enforce provisions of this chapter except:
    1. Upon receipt of a verbal or written complaint of a person who has satisfactorily identified himself to the department and is willing to testify that the dog has acted in a manner that puts the animal in the definition of KCC 6.01.020(4), (10) or (21). The complainant has either supplied the name and address of the dog owner or has supplied the fact that the dog does not have an owner; or
    2. Actions of the dog in question are witnessed by an animal control authority or law enforcement officer; or
    3. Dog bite reports filed with the animal control authority as required by this Chapter or State law.
  2. The department or its authorized agent may find and declare a dog potentially dangerous if it has probable cause to believe that the animal falls under the definition stated in KCC 6.01.020(21).
    1. The declaration of potentially dangerous dog shall be in writing and shall be served on the owner in one of the following methods:
      1. Certified mail to the owner or keeper’s last known address if known; or
      2. Personally; or
      3. If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation
    2. The declaration of a potentially dangerous dog shall state:
      1. A description of the dog;
      2. The name and address of the owner or keeper of the dog if known;
      3. The whereabouts of the dog if it is not in the custody of the owner;
      4. The facts upon which the declaration of a potentially dangerous dog is based;
      5. The restrictions placed on the animal as a result of the declaration of potentially dangerous dog;
      6. The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner
      7. The owner has fifteen (15) days to object to the declaration;
      8. The availability of a court hearing if the owner of the dog objects to the declaration and submits a request for a hearing to the district court;
      9. If the court finds there is insufficient evidence to support the declaration, it shall be rescinded and the restrictions imposed thereby annulled. No court costs will be assessed against any Kittitas County officer or authority if the dog is not found to be potentially dangerous.
      10. If the court finds sufficient evidence to support the declaration, it shall impose court costs on the appellant and may impose additional restrictions on the animal.
    3. The owner of any animal found to be a potentially dangerous dog under this Chapter shall be assessed all service costs under this Section.
    4. The owner of any animal found to be a potentially dangerous dog under this Chapter must keep animal control authority notified of the location of the animal at all times and must have the consent of the animal control authority to move the dog in or out of Kittitas County.
    5. Following service of a declaration of potentially dangerous dog, and pending appeals under this Section or to any other court with jurisdiction, the animal control authority may, if circumstances require, impound the animal at the owner’s expense, pursuant to the provisions of this Chapter, until a court orders either its redemption or destruction.
    6. Any owner found to be in possession of a potentially dangerous dog shall control the animal as under KCC 6.01.190.
    7. The owner of a dog found to be potentially dangerous shall obtain a license. The license fee for each potentially dangerous dog licensed under this Chapter shall be set by the legislative body of the County on an interim basis as part of the Kittitas County Sheriff Office’s fee schedule.
  3.  
    1. The department or its authorized agent may find and declare a dog dangerous if it has probable cause to believe that the animal falls under the definition stated in KCC 6.01.020(10). The declaration of dangerous dog shall be in writing and shall be served on the owner in one of the following methods:
      1. Certified mail to the owner or keeper’s last known address if known; or
      2. Personally; or
      3. If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.
    2. The declaration of a dangerous dog shall state:
      1. A description of the dog;
      2. The name and address of the owner or keeper of the dog if known;
      3. The whereabouts of the dog if it is not in the custody of the owner;
      4. The facts upon which the declaration of a dangerous dog is based;
      5. The restrictions placed on the animal as a result of the declaration of dangerous dog;
      6. The penalties for violation of the restrictions, including the possibility of destruction of the animal, and imprisonment or fining of the owner;
      7. The owner has fifteen (15) days to object to the declaration;
      8. The availability of a hearing if the owner of the dog objects to the declaration and submits a request for a hearing to the district court;
      9. If the court finds there is insufficient evidence to support the declaration, it shall be rescinded and the restrictions imposed thereby annulled. No court costs will be assessed against any Kittitas County officer or authority if the dog is not found to be dangerous.
      10. If the court finds sufficient evidence to support the declaration, it shall impose court costs on the appellant and may impose additional restrictions on the animal.
    3. The owner of any animal found to be a dangerous dog under this Section shall be assessed all service costs under this Subsection
    4. The owner of any animal found to be a dangerous dog under this Section must keep animal control authority notified of the location of the animal at all times and must have the consent of the animal control authority to move the dog in or out of Kittitas County.
    5. Following service of a declaration of potentially dangerous dog, and pending appeals under this Chapter or to any other court with jurisdiction, the animal control authority may, if circumstances require, impound the animal at the owner’s expense, pursuant to the provisions of this Chapter, until a court orders either its redemption or destruction.
    6. Any owner found to be in possession of a dangerous dog shall control the animal as under 6.01.190.
    7. All dogs that are found to be dangerous dogs shall be registered as under KCC 6.01.350.
  4. All civil infractions under this section are subject to KCC 6.01.060. (Ord. 2018-001, 2018)

6.01.180 Control of Dogs.
It is unlawful for any owner to permit any dogs to engage in any of the following behavior:

  1. Level 1 Behavior. Level 1 behavior occurs when a dog is at large
  2. Level 2 Behavior. Level 2 behavior occurs when a dog while at large, menaces, chases, displays threatening or aggressive behavior, or otherwise threatens or endangers the safety of any person, domestic animal or livestock
  3. Level 3 Behavior. Level 3 behavior occurs when a dog while at large, causes physical injury to any person, domestic animal or livestock.
  4. Level 4 Behavior. Level 4 behavior occurs when a dog, although not at large, bites or causes physical injury to any person, domestic animal or livestock.
  5. Level 5 Behavior. Level 5 behavior occurs when a dog while at large, bites or causes severe injury to any person, domestic animal or livestock.
  6. 6. Level 6 Behavior. Level 6 behavior occurs when a dog:
    1. Whether or not confined, causes the serious physical injury or death of a natural person; or
    2. Is used as a weapon in the commission of a crime; or
    3. Kills any domestic animal or livestock. (Ord. 2018-001, 2018)

6.01.190 Control of potentially dangerous/dangerous dogs.

  1. It is unlawful for any owner to fail to comply with the following provisions applicable to dogs which have engaged in behaviors described in Section 6.01.180, which may result in the dog being impounded and held until the animal owner has met the following requirements:
    1. (a) Dogs which have exhibited Level 2 behavior shall be restrained in a manner that prevents the dog from reaching any public sidewalk, 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 the dog is off the animal owner’s 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 public liability insurance as required in KCC 6.01.350(2).
    2. (b) Dogs which have exhibited Level 3 behavior shall be physically restrained by a chain leash, confined within a secure enclosure or inside the home of the owner that prevents the dog from reaching any public sidewalk, or adjoining property. Such dogs must be located so as to not interfere with the public's legal access to the owner's property. Whenever that dog is not physically restrained or confined or is off the animal owner's 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 warnings signs and obtain and maintain proof of public liability insurance as required in KCC 6.01.350(2).
    3. (c) Dogs which have exhibited Level 4 or Level 5 behavior shall be confined within asecure 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 dog owner's property, and the dog owner shall conspicuously post warning signs, which must be approved by the department, on the property where the dog is kept. In addition, the department may require the dog owner to obtain and maintain proof of public liability insurance as required in KCC 6.01.350(2). The dog owner shall not permit the dog to be outside of the secure enclosure unless the dog is muzzled, on a chain leash and under the control of a capable person.
    4. (d) Dogs which have exhibited Level 6 behavior shall be euthanized at the owner's expense.
  2. All potentially dangerous dogs may be required by the department to be micro chipped at the owner's expense.
  3. If a dog which is declared to be a dangerous or potentially dangerous dog is destroyed or dies, the owner must present to the animal control authority sufficient evidence of that fact. (Ord. 2018-001, 2018)

6.01.200 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 and twenty-five dollars ($225.00) for each violation. (Ord. 2018-001, 2018)

6.01.210 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. 2018-001, 2018)

6.01.220 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 water, food, shelter, sanitation, ventilation, rest 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. 2018-001, 2018)

6.01.230 Abandonment of dogs prohibited.
It is unlawful for any person to leave any dog unattended for more than twenty-four hours without adequate care, including without limitation water, food, shelter, sanitation, ventilation, rest, medical attention. Any person found guilty of a violation of this Section shall be fined five hundred dollars ($500.00) for each violation. (Ord. 2018-001, 2018)

6.01.240 Dog Health and Safety.
It is unlawful for any person with an ownership or possessory interest in a dog to:

  1. Permit or allow the confinement of the dog in any container or vehicle in such a manner that places the dog in a life or health-threatening situation due to exposure to heat or cold;
  2. Permit or allow the unsanitary or offensive accumulation of dog feces in an open area, run, cage, or yard wherein dogs or other animals are kept;
  3. Permit or allow the tethering or confinement of a dog in such a manner or place as to endanger the health or welfare of the dog, or in any such manner or place which causes injury or pain to the dog

Each violation of this Section shall be a gross misdemeanor punishable as set forth in KCC 6.01.050. (Ord. 2018-001, 2018)

6.01.250 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. Any person found guilty of a violation of this Section shall be fined one hundred twenty-five dollars ($125.00) for each violation. (Ord. 2018-001, 2018)

6.01.260 Rabies inoculation required

  1. All dogs over the age of six months or dogs with a full set of canine teeth shall have a current rabies vaccination administered by a licensed veterinarian.
  2. A current rabies vaccination means that a dog vaccinated between three months and one year shall be revaccinated within one year and revaccinated at least within every three years thereafter, or according to the guidelines set for by the manufacturer of the rabies vaccine.
  3. Any dog that has bitten any person shall immediately be confined for a period of ten days. The location of confinement shall be determined by department and shall be at the expense of the owner or custodian. The period of confinement shall not be required if the dog is euthanized by a licensed veterinarian.
  4. It is unlawful for any person to release a quarantined dog from confinement until such release has been approved by the department.
  5. It is unlawful for the owner of any dog that has bitten any person to destroy such dog before it can be confined by the department. The owner or custodian of any dog that has been reported as having inflicted a bite on any person shall on demand of the department produce such dog for examination and quarantine as prescribed in this section. If the owner or custodian of any such dog refuses to produce such dog, the owner or custodian shall be subject to immediate arrest if there shall be probable cause to believe that the dog has inflicted a bite on any person and the owner or custodian is keeping or harboring the dog and willfully refuses to produce the dog upon such demand. Such persons shall be taken before the judge of the district court, who may order immediate production of the dog. If the owner or custodian knowingly conceals or refuses to produce the dog, each day of concealment or refusal to produce shall constitute a separate and individual violation of this section.
  6. When a dog under quarantine shall have been diagnosed as being rabid by a licensed veterinarian, the veterinarian making such diagnosis shall immediately notify the county health officer and the department and advise such officers of any reports of human contact with the dog. If any dog under quarantine dies while under observation, the department shall immediately notify the county health officer and take immediate action to obtain a pathological exam, as required by the local health officer. The health officer shall be provided any reports of human contact with the dog.
  7. When a dog has been bitten by or exposed to a rabid or suspected rabid animal the department shall immediately notify the county health officer. (Ord. 2018-001, 2018)

6.01.280 Dog bites to be reported.
Any person who is bitten by a dog and 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 and been exposed to dog saliva through an open wound within the unincorporated territory of the County 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. 2018-001, 2018)

6.01.290 Impoundment of Dogs.
Dogs found or reasonably believed to be kept in violation of this Chapter may be impounded by the department; provided that, if a complaint identifying the dog owner of a dog at large 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. The owner or custodian of any impounded dog shall be responsible for all costs to impound and care for the dog. Any dog which has been impounded and appears sick or injured may be referred to a licensed veterinarian for medical care at the discretion of the department. All costs for medical care shall also be the responsibility of the owner or custodian. (Ord. 2018-001, 2018)

6.01.300 Interference with impounding.
It is unlawful for any person to interfere with, hinder, delay or impede any officer or enforcing official in the enforcement of this chapter as herein provided. Any person found guilty of a violation of this Section shall be fined one hundred twenty-five dollars ($125.00) for each violation. (Ord. 2018-001, 2018)

6.01.310 Notice of impoundment

  1. The department or its designee shall, within twenty-four hours after impounding any dog, or the next business day:
    1. attempt to contact the animal owner by phone; and
    2. leave a written notice at home or by mail to the registered owner of the dog containing:
      1. a notice of the impoundment of such dog; and
      2. the terms upon which such dog can be released; and
      3. the consequences of failure to obtain the release of any dog within any
  2. If the owner of any impounded dog is unknown, then the department or its designee shall within twenty-four hours of impoundment or by the end of the next business day post at the animal shelter a notice of impoundment describing the dog. (Ord. 2018-001, 2018)

6.01.320 Recovery of impounded dogs.

  1. A dog wearing a dog tag, tattoo or microchip may be recovered within five business days of impoundment. Dogs not wearing a dog tag, tattoo or microchip may be recovered within three business days of impoundment. Injured or sick dogs shall be exempt from these recovery periods.
  2. Dogs may be recovered only by a person who offers satisfactory proof of ownership or authorization to obtain custody of the dog, presents satisfactory proof of current rabies vaccination and who pays the charges for recovering impounded dogs as established by the department. (Ord. 2018-001, 2018)

6.01.330 Disposition of dogs.

  1. A dog which has not been recovered within the applicable time frame after impoundment as set forth in this Chapter, may be sold, offered for legal adoption or destroyed.
  2. A dog voluntarily given to the department by the dog owner for the purpose of disposal may be sold, offered for legal adoption or destroyed forthwith without awaiting expiration of recovery period. (Ord. 2018-001, 2018)

6.01.340 Remittance of fees and charges
Where dogs are impounded in an animal shelter maintained by a private organization under contract with the county, the impoundment charge, additional charges and applicable fines shall be remitted to the county for deposit in the general fund. (Ord. 2018-001, 2018)

6.01.350 Dangerous dogs – Registration requirements – Fees.

  1. In addition to any other registration and licensing requirements provided in this chapter, it is unlawful for a person to keep any dog which is considered a dangerous dog in the county without a certificate of registration issued under this section. This section shall not apply to dogs used in law enforcement officials for police work. Any person found guilty of violation of this Section shall be fined five hundred dollars ($500.00) for each violation.
  2. The department shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the department sufficient evidence of:
    1. A proper enclosure to confine the dangerous dog and the posting of the premises with clearly visible warnings signs that there is a dangerous dog on the property. In addition, the owner shall conspicuously display warning symbols that informs children of the presence of a dangerous dog.
    2. A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the department in the sum of at least two hundred and fifty thousand dollars ($250,000.00), insuring the owner against liability to any person for injuries inflicted by the dangerous dog.
    3. A policy of liability insurance, such as a homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least fifty thousand dollars ($50,000.00), insuring the owner for any personal injuries inflicted by the dangerous dog.
  3. A fee shall be set by the legislative body on an interim basis as part of the Kittitas County Sheriff Office’s fee schedule. A fee of one hundred fifty dollars ($150.00) shall be paid to the department by any person seeking to register a dangerous dog. (Ord. 2018-001, 2018)

6.01.450 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. 2018-001, 2018)

6.01.460 Immunity.
Kittitas County, the animal control authority and the animal control officer shall be immune from any and all civil liability for any actions taken pursuant to this Chapter, or for any failure take action to enforce the provisions of this Chapter. It is not the purpose or intent of this Chapter to create on the part of Kittitas County or its agents any special duties or relationships with specific individuals. (Ord. 2018-001, 2018)


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