Ordinance 12-005 Amends SVMC TItle 7 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 12-005
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SECTIONS 7.20.180(B) AND 7.30.010(B) OF THE
SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE REGULATION OF
ALARM SYSTEMS AND ANIMALS; AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
Title 7 in order to regulate the health,safety, and welfare of the citizens of the City; and
WHEREAS, Section 7.20.180(B) of the Spokane Valley Municipal Code governs issuance of
citations and assessment of service fees in connection with alarms and it references SVMC 7.20.170; and
WHEREAS, SVMC 7.20.170 has been repealed, but SVMC 7.20.310 deals with fees for alarm
registration and false alarm enforcement and is likely the correct reference intended in Section
7.20.180(B)of the Spokane Valley Municipal Code;and
WHEREAS, Section 7.20.180(B) of the Spokane Valley Municipal Code should be amended to
reference SVMC 7.20.3 10 instead of referencing repealed SVMC 7.20,170; and
WHEREAS, Section 7.30.010(B) adopted Section 5.04.031 of the Spokane County Code,
entitled 'Cat w License-- Required,' as now in effect and subsequently amended;and
WHEREAS, Spokane County Code has since amended Section 5.04.031 to be entitled "Dog/Cat
to have current vaccination against rabies;"and
WHEREAS, Spokane County Code Section 5.04.030 is now the appropriate reference for
Section 7.30.010(B) of the Spokane Valley Municipal Code and it should be amended for clarity
purposes.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amending Spokane Valley Municipal Code Section 7.20,180(B) regarding the reference
to SVMC 7.20.170. Spokane Valley Municipal Code section 7.20.180(B)is hereby amended as follows:
7,20,180 Authorization to issue citations and assess service fees.
A.The alarm administrator is granted a special commission by the chief of police to issue
citations pursuant to this chapter.
B.The alarm administrator is authorized by the city council to assess costs pursuant to
SVMC 7.20.310
Section 2. Amending Spokane Valley Municipal Code Section 7.30.010(B) regarding the reference
to Spokane County Code Section 5.04.031. Spokane Valley Municipal Code section 7.30.010(B) is
hereby amended as follows:
Ordinance 12-005 Amending SVMC Title 7 Page 1 of 2
7.30.010 Animal control regulations.
A.Pursuant to RCW 35A.11.020 and 35A.12.140,the City of Spokane Valley adopts by
reference Chapter 5.04,entitled "Dogs and Cats," and Chapter 5.12, entitled "Inherently
Dangerous Matnmals/Reptiles," of the Spokane County Code as now in effect and as
subsequently amended as the animal control regulations for the City of Spokane Valley,
except as specifically set forth in SVMC 7.30.035 relating to appeals of decisions of
whether a dog is dangerous,and except as specifically set forth in SVMC 7.30.040
relating to appeals of decisions of whether a dog is potentially dangerous,and except as
specifically set forth in SVMC 7,30.045 relating to registration of dangerous dogs,and
repealing the City's adoption of Spokane County Code Sections 5.04.032, 5.04.033 and
5.04.035; any reference to "Spokane County" in Chapters 5.04 and 5.12 of the Spokane
County Code shall be construed to refer to the City of Spokane Valley.
B. Pursuant to RCW 35A.11.020 and 35A.12.140,the City of Spokane Valley adopts by
reference Section 5.04.030 of the Spokane County Code,entitled "Cat License—
Required,"as now in effect and subsequently amended.Any reference to "Spokane
County" shall be construed to refer to Spokane Valley.
Section 3. Remainder of SVMC Title 7 Unchanged. The remaining provisions of SVMC Title 7 are
unchanged by this amendment.
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause or
phrase of this Ordinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect five (5) days after the
date of publication of this Ordinance or a summary thereof in the official newspaper of the City.
Passed this 14th day of February, 2012.
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Mayor,Thomas E. Towey !
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City Clerk, Christine Bainbridge
Approved As T9 form:
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Date of Publication: -e- -z / /e.
Effective Date: 2 —• 2 9. -/e_.
Ordinance 12-005 Amending SVMC Title 7 Page 2 of 2
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Chapter 5. 04 DOGS AND CATS
Sections
5.04.010 Purpose.
5.04.020 Definitions.
5.04.030 Dog and Cat license--Required.
5.04.0301 Dog/Cat Rabies Vaccination Required.
5.04.032 Dangerous Dog--Hearing and Appeal.
5.04.033 Potentially Dangerous Dog--Hearing and Appeal.
5.04.035 Registrations of dangerous dogs-Requirements
and annual fee.
5.04.036 Dangerous Dogs--Identification.
5.04.040 Unlawful use of tags.
5.04.042 Commercial kennels.
5.04.043 Private kennels.
5.04.044 Prohibited sales –Rules and Regulations.
5.04.045 Designated off-leash area(s)–Rules and regulations.
5.04.050 Enforcement power.
5.04.060 Impounding of dogs.
5.04.064 Release for adoption.
5.04.065 Animal Adoption--Agreement to spay/neuter – Sterility Fee – Forfeiture of
animal–Animal Care And Protection Reserve Funds Account.
5.04.066 Impounding of cats.
5.04.067 Control of cats.
5.04.070 Control of dogs.
5.04.071 Violations as infractions --Exceptions.
5.04.072 Notice of infraction--Issuance.
5.04.073 Notice of infractions--Determination final
unless contested--Form.
5.04.074 Response to notice of infraction--Contesting
determination--Hearing--failure to respond
or appear.
5.04.075 Hearings--Rules of procedure--Counsel.
5.04.076 Hearings--Contesting determination that in-
fraction committed--Appeal.
5.04.077 Hearings--Explanation of mitigating circumstances.
5.04.078 Order of court--Civil nature--Waiver, reduction, suspension of
penalty—Community service in lieu of penalty.
5.04.079 Failure to Sign–Failure to Pay
5.04.0791 Person receiving notice--Identification and detention.
5.04.0792 Failure to Obey Instructions of an Officer
5.04.090 Animal Control Director or his/her designee--Issuance of criminal citation.
5.04.110 Redemption procedures.
5.04.120 Removal Destruction of Dangerous and Vicious dogs.
5.04.130 Penalties.
5.04.131 Violation as constituting a public nuisance.
5.04.140 Fee Setting Authority
5.04.150 Duty When Striking Domestic Animal With Motor Vehicle
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5.04.160 Animal Bites To Be Reported
5.04.170 Spaying and Neutering Services
5.04.900 Severability
5.04.910 Effective date--Preservation of existing cases.
5.04.010 Purpose.
It is the public policy of Spokane County to secure and maintain such levels of animal control
within the unincorporated areas of Spokane County, and within any governmental entity or
incorporated area under contract that have adopted provisions of this chapter, as will protect the
general publics' health and safety, and to the greatest degree practicable to prevent damage to property.
To this end, it is the purpose of this chapter to provide a means of licensing dogs/cats and controlling
errant dog/cat behavior so that it shall not become a public nuisance.
It is also the public policy of Spokane County to prevent the inhumane treatment of animals.
Therefore, it is also the purpose of this chapter to provide for the humane use, care, and treatment of
animals to the end that cruelty to such animals will be reduced or eliminated.
5.04.020 Definitions.
In construing provisions of this chapter, except where otherwise plainly declared or clearly
apparent from the context, words used in this chapter shall be given their common and ordinary
meaning and in addition, the following definitions shall apply:
(1) "Abatement" means the termination of any violation by reasonable and lawful means
determined by the animal control officer in order that a person or persons presumed to be the owner or
keeper shall comply with this chapter.
(2) "Animal"means any nonhuman mammal, bird, reptile, or amphibian.
(3) "Animal Control" or "Spokane County Animal Control" or "Spokane County Regional
Animal Protection Services" (hereinafter referred to as "SCRAPS") all means that department
established by the board of county commissioners by resolution to administer and enforce the
provisions of this chapter, chapter 5.12 of the County Code, and chapters 16.08, 16.52, and 16.54
RCW. Its department head shall be referred to hereinafter as the "animal control director", "animal
protection director" or "Director." An "animal control officer" or "animal protection officer" is any
person designated by the Director with a limited law enforcement commission and employed or
appointed by the Board of County Commissioners of Spokane County for the purpose of administering
or aiding in the enforcement of this chapter, chapter 5.12 of the County Code, and chapters 16.08,
16.52, and 16.54 RCW.
(4) "Animal Shelter" means a facility which is used to house or contain stray, homeless,
abandoned, impounded or unwanted animals, and which is owned, operated or maintained by a public
body, an established humane society, animal welfare society, society for the prevention of cruelty to
animals or other nonprofit organization devoted to the welfare, protection, and humane treatment of
animals.
(5) "At large" means a dog which is physically off the premises of the owner, handler, or
keeper of the dog, and which is not secured by a leash which is under the control of the owner, handler,
or the keeper not exceeding eight feet in length; provided, "at large" does not include dogs exhibited in
dog shows, field trials, obedience training or trials, or the training of dogs therefore; or the use of a
dog under the supervision of a person to hunt, to chase or tree predatory animals or game birds; or the
use of a dog to control or protect livestock or property or in other agricultural activities; or a dog when
otherwise safely and securely confined or completely controlled within or upon any vehicle; or under
control in a designated off-leash area; or dogs used by law enforcement agencies.
(6) "Cat"means a domesticated Felis catus, and includes both male and female cats.
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(7) "Commercial kennel" means a place where five (5) or more dogs (over 6 months of age)
and/or five (5) or more cats (over 6 months of age), irrespective of duration, are boarded, bred, bought,
sold, exhibited or trained for compensation, but not including a pet shop, animal shelter or veterinary
clinic/hospital where boarding is incidental to treatment. If more than eight (8) dogs (over 6 months of
age) and/or ten (10) cats (over 6 months of age) are kept then such establishment shall be deemed a
"commercial kennel,"regardless of whether the owner or keeper receives compensation.
(8) "Dangerous dog" means any dog that (a) inflicts severe injury or multiple bites on a
human being without provocation on public or private property, (b) inflicts severe injury, multiple
bites, or kills an animal without provocation while the dog is off the owner's or keeper's property, or
(c) has previously been found to be potentially dangerous, the owner or keeper having received notice
of such and the dog again aggressively bites, attacks, or endangers the safety of humans or animals. If
two or more dogs jointly engage in any conduct described in this subsection, thereby rendering proof
of the individual dog that inflicted any particular injury difficult to ascertain, then regardless of the
degree of participation by the individual dog(s), all such dogs shall be deemed dangerous dogs. A dog
shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the
time, was committing a willful trespass or other tort upon the premises occupied by the owner or
keeper of the dog, or was tormenting, abusing or assaulting the dog, or was committing or attempting
to commit a crime.
(9) "Day" means a calendar day unless otherwise described. In computing any period of
time prescribed in this chapter, the day of the act, event, or default from which the designated period of
time begins to run shall not be included. The last day of the period shall be included, unless it is a
Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day that is
not a Saturday, Sunday or legal holiday. Legal holidays are prescribed in RCW 1.13.050.
(10) "Dog" means a domesticated Canis familiaris, bred in a great many varieties, including
wolf hybrids.
(11) "Euthanasia" means the humane destruction of an animal accomplished by a method
that involves instantaneous unconsciousness and immediate death, or by a method that causes painless
loss of consciousness, and death during such loss of consciousness.
(12) "Exhibits vicious propensities"means:
(a) The infliction of a bite, or bites, on a human being or animal, either on public or private
property; or
(b) Killing or severely injuring an animal while the dog or cat is off the owner's or keeper's
property; Provided, the above definition of vicious propensities shall not include those
situations described in RCW 16.08.100 (2) and(3).
(13) "License year"means license expires twelve (12)months from month of purchase.
(14) "Microchip implant" means a passive electronic transponder that is injected into an animal,
subcutaneously, by means of a hypodermic-type syringe device. Each microchip shall contain a unique
and original number that is read by an electronic scanning device for purposes of animal identification
and recovery by the animal's owners. The microchip implant shall be supplied with an exterior collar-
type tag for purposes of an external means of notifying others that the animal has been implanted with a
microchip.
(15) "Off-Leash Area" means an area specifically designated in section 5.04.045(1) in which a
owner, handler, or keeper may allow or permit their dog to run at large subject to the rules and
regulations in section 5.04.045(2).
(16) "Owner, handler or keeper"means any person, firm, corporation, organization or department
possessing, harboring, keeping, having an interest in or having control or custody of an animal,
regardless of whether the animal is licensed pursuant to the ordinance codified in this chapter.
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(17) "Pet shop" means legally permitted establishment where animals bred off the premises are
offered for sale to the public.
(18) "Potentially dangerous dog" means any dog that when unprovoked: (a) inflicts bites on a
human or animal either on public or private property, or (b) chases or approaches a person upon the
streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack or (c) any
dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or
otherwise to threaten the safety of humans or animals.
(19) "Premises" means the area of land surrounding a house, or dwelling unit or units, and
actually or by legal construction forming an enclosure and to which the owner or keeper of a dog has
legal and equitable right therein. "Premises" does not extend into areas of common ownership or use in
the case of easements, trailers parks, apartment complexes, private communities, etc.
(20) "Private kennel"means a place, other than an animal shelter, where five (5) to eight (8) dogs
(over 6 months of age) and/or five (5) to ten (10) cats (over six months of age) are kept for personal or
noncommercial purposes. If more than eight dogs (over 6 months of age) and/or ten (10) cats (over six
months of age) are kept at a private kennel, then such establishment shall be deemed a "commercial
kennel,"regardless of whether the owner or keeper receives compensation.
(21) "Proof of vaccination"means a health or rabies certificate issued by a licensed veterinarian.
(22) "Proper enclosure of a dangerous dog" means, while on the owner's or keeper's property, a
dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such
pen or structure shall have secure sides and a secure top and bottom enclosure, and shall also provide
protection from the elements for a dog.
(23) "Senior Rate" means the special discounted rate any dog/cat owner 65 years of age or older
may request for the license of one spayed/neutered animal.
(24) "Service Animal" means any guide dog, signal dog, or any other animal individually trained
to provide assistance to an individual with a disability.
25) "Severe injury" means any physical injury which results in a broken bone, disfigurement,
lacerations requiring suture(s) or surgery, or multiple bites requiring medical treatment.
(26) "Spokane County" means the unincorporated area of Spokane County, Washington and
within any governmental entity or incorporated area under contract that have adopted provisions of this
chapter.
(27) "Trip Fee", means the response fee an owner or keeper of an animal may be charged by
SCRAPS when an animal is impounded.
5.04.030 Dog and Cat License--Required.
(1) The harboring, keeping, or maintaining more then 4 dogs and or 4 cats over six months of
age any place in the unincorporated areas of Spokane County and incorporated areas under contract
that have adopted this chapter, shall require a kennel license as identified in sections 5.04..042 or
5.04.043.
(2) All dogs six months of age or older harbored, kept or maintained in the unincorporated
areas of Spokane County and incorporated areas under contract that have adopted this chapter, shall be
licensed. The annual license fee for each dog shall be twenty-five dollars ($25.00) for neutered/spayed
dogs and fifty dollars ($50.00) for nonspayed/nonneutered dogs, four dollars ($4.00) of the above
license fees shall be dedicated for the purposes identified in section 5.04.170. A penalty of twenty
dollars ($20.00) will be added to the above license fees for failure to timely obtain or renew a license
as required by subsection (6) of this section. Senior rate, if applicable will reduce the above fee by ten
dollars ($10.00) on one neutered/spayed license. License may be obtained from and fees may be paid
either to "county" or "private" licensing outlets as designated by the Director. A service charge of two
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dollars ($2.00) in addition to the regularly set fees may be collected and retained by all "private"
licensing outlets appointed by the Director for each dog license issued. Upon payment of the initial
license fee provided above, the licensing outlet shall deliver to the owner or keeper of such dog, a
license and metallic tag, renewable annually, for each dog licensed.
(3) All cats six months of age or older harbored, kept or maintained in the unincorporated
areas of Spokane County and incorporated areas under contract that have adopted this chapter, shall be
licensed. The annual license fee for each cat shall be fifteen dollars ($15.00) for spayed/neutered cats
and twenty-five dollars ($25.00) for non-spayed/non-neutered cats. Four dollars ($4.00) of the above
license fees shall be dedicated for the purposes identified in section 5.04.170. A penalty of twenty
dollars ($20.00) will be added to the above license fees for failure to timely obtain or renew a license
as required by subsection (6) of this section. Senior rate, if applicable will reduce the above fee by five
dollars ($5.00) on one neutered/spayed license. License fees may be paid to either "county" or
"private" licensing outlets as designated by the Director. A service charge of two dollars ($2.00) in
addition to the regularly set fees may be collected and retained by all "private" licensing outlets
appointed by the Director for each cat license issued. Upon payment of the initial license fee provided
above, the licensing outlet shall deliver to the owner or keeper of such dog, a license and metallic tag,
renewable annually, for each cat licensed.
(4) All licenses issued pursuant to this section shall be dated and numbered, and shall bear the
name of SCRAPS, the name and address of the owner and keeper of the dog or cat license, and a
description of the dog or cat, including its color and sex. The metallic tag shall bear a serial number
corresponding with the number of the license, and the county or part thereof for which it is issued. It
shall be the duty of every owner or keeper of a dog or cat to keep a substantial collar on the animal and
to keep firmly attached thereto the metallic tag for the current licensing year. There shall be a fee of
two dollars ($2.00) for replacement of any lost license tag.
(5) Any person who shall for the reason of securing a dog or cat license falsely represent
whether the dog or cat is spayed/neutered or non-spayed/non-neutered shall be guilty of a
misdemeanor.
(6) Licenses must be renewed within twelve (12) months of the date the previous license was
issued. A new license must be purchased within thirty (30) days after a dog or cat was first acquired,
harbored, kept, maintained, or brought into the county by a person residing in Spokane County.
(7) All fees and fines collected under the provisions of this chapter other than criminal fines
and the portion of the license fees dedicated for the purposes identified in section 5.04.170 shall be
deposited in the county current expense fund.
(8) The county shall honor one request per year by the owner of a guide dog, signal dog, or any
other animal individually trained to provide assistance as a service animal they not to be charged a fee
to license: one spay/neutered service animal.
(9) The owner or keeper of any dog or cat shall provide SCRAPS upon request with proof that
the dog or cat is currently licensed as provided by this chapter.
(10) Any increase in current dog and cat licensing fees or penalties in this section shall become
effective on January 1, 2008 @ 12.01 a.m..
5.04.031 Dog/Cat to have current vaccination against rabies.
All dogs and cats six (6) months of age or older shall be vaccinated against rabies. The owner
or keeper of such dog/cat shall provide SCRAPS with proof that such dog/cat has been vaccinated
against rabies as well as the expiration date of such vaccination. An owner or keeper who refuses to
provide proof of such vaccination upon request by the Director or his/her designee shall be deemed to
have failed to provide such proof.
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5.04.032 Declaration of Dangerous Dog—Administrative Appeal Hearing and Appeal—
Impounding of Dog.
(1) When the Director, or his/her designee, has sufficient information to determine that a
dog is a dangerous dog as defined by section 5.04.020(8), the Director, or his/her designee, shall
declare the dog a dangerous dog and shall notify the owner or keeper of the dog in writing, either in
person or by regular and certified mail. Any notice or determination mailed pursuant to this section
shall be deemed received by the party to which it is addressed on the third day after it is placed in the
mail, as set forth by declaration of the sender. The notice shall contain the following information:
(a) That the person receiving the notice is the owner or keeper of a dangerous dog as defined in
section 5.04.020(8);
(b) The breed, color, sex, and license number(if known) of the said dog;
(c) A copy of the records relied upon by the Director, or his/her designee, which form the
basis for declaring said dog to be a dangerous dog;these records may be supplemented with additional
material as it becomes available;
(d) That to contest the declaration of dangerous dog the owner or keeper of the dog must
request an administrative appeal hearing in writing on a form provided with the notice within fifteen
(15) days of the receipt of the notice.
(e) That if an administrative appeal hearing is requested, such hearing will be convened
pursuant to subsection (2) of this section; that at the administrative appeal hearing, the records of the
Director, or his/her designee, and any supplementary material shall be admissible to prove the dog is a
dangerous dog; that the owner or keeper of the dog may require the officer compiling the record to be
present at the administrative appeal hearing; that the owner or keeper of the dog may present evidence
and examine witnesses present; and that the burden shall be on the Director, or his/her designee, to
establish by a preponderance of the evidence that the dog is a dangerous dog;
(f) Any dog declared dangerous under this section or any comparable section by a duly
authorized governmental animal control authority shall be immediately impounded until the owner
registers the dog as dangerous in accordance with section 5.04.035. The dog will be euthanized at the
direction of the Director or his/her designee unless the owner or keeper within fifteen (15) days from
the date the dog was declared dangerous registers the dog or appeals the determination. If the owner
appeals the dangerous dog declaration the dog must be registered provisionally pursuant to section
5.04.035 or it will be held at the shelter at the owner's expense pending the results of the appeal.
(2) If the owner or keeper of the dog requests an administrative appeal hearing as provided in
section 5.04.032(1)(d) of this section the hearing shall be held before the Board of Spokane County
Commissioners or its designee(s). The administrative appeal hearing shall be held within twenty (20)
days after the receipt of the request for an administrative appeal hearing, unless it is continued by the
Board or its designee based upon a showing of good cause. The Director, or his/her designee, shall
notify the owner or keeper of the date, time, and place for the administrative appeal hearing. The
administrative appeal hearing shall be open to the public. In those instances where the Board's
designee acts as a hearing officer in conjunction with a dangerous dog administrative appeal hearing,
the following procedures shall apply:
(a) All administrative appeal hearings before the hereinabove designee shall be recorded;
all testimony shall be taken under oath and witnesses may be subpoenaed by the designee;
(b) The hearing officer shall render an oral recommendation at the conclusion of the
administrative appeal hearing or within five (5) business days. This time may be extended at the
discretion of the hearing officer. The oral recommendation shall be reduced to writing and in
accordance with subsection (4) of this section shall include findings of fact and conclusions of law, and
shall be submitted to the Board of County Commissioners of Spokane County for action; a copy will
be forwarded to the owner or keeper and to the Director. Upon receipt by the Clerk of the Board of
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County Commissioners of the written recommendation of the hearing officer, the Clerk shall place the
matter on its next regular meeting agenda for action. The owner or keeper of the dog shall be advised
by the Clerk of the Board that the Board will take formal action on the recommendation of the hearing
officer at the time, date and place of the Board of County Commissioners' next regular meeting-;
(c) At the time, date and place that the Board of County Commissioners considers the
written recommendation of the hearing officer no additional testimony or evidence will be considered.
The record before the Board of County Commissioners will include the electronic recording of the
hearing before the hearing officer, any written documents, photographs, and other exhibits submitted to
the hearing officer for consideration at the time of the hearing or after the hearing if requested by the
hearing officer pursuant to subsection (2)(b) of this section, and the findings of fact, conclusions of law
and recommendation of the hearing officer. The Board of County Commissioners may ask questions of
the hearing officer for purposes of clarification; and
(d) The Board of County Commissioners may accept, reject, or modify the
recommendation of the hearing officer. The Board shall render its decision in writing.
(3) At the conclusion of the administrative appeal hearing as provided in subsection (2) of
this section, the hearing officer shall have the authority to make a written recommendation to either
affirm,reverse or modify the declaration by the Director, or his/her designee, that the dog is dangerous.
If the recommendation is to modify the declaration, the hearing officer may make a finding that the
dog is potentially dangerous. If the hearing officer affirms the declaration and finds that the dog is
dangerous, then the requirements under 5.04.035 shall be imposed upon the owner or keeper of the
dangerous dog as a condition of continued ownership or keeping of the animal.
If the hearing officer modifies the declaration and finds that the dog is potentially dangerous,
then the hearing officer may recommend that reasonable conditions be imposed upon the owner or
keeper as a condition of continued ownership or keeping of the animal. Reasonable conditions may
include but are not limited to the following:
(a) Erection of new or additional fencing to keep the dog within the confines of the owner's or
keeper's property;
(b) Construction of a run consistent with the size of the dog within which the dog must be
kept;
(c) Keeping the dog on a leash adequate to control the dog or securely fastened to a secure
object when left unattended;
(d) Keeping the dog indoors at all times, except when on a leash adequate to control the dog
and under the actual physical control of the owner or keeper or a competent person at least 15 years of
age;
(e) Keeping the dog muzzled in a manner that will not cause injury to the dog or interfere with
its vision or respiration but shall prevent it from biting any person or animal when outside a proper
enclosure;
(f) Spaying/neutering of the dog; and
(g) Microchip implanting the dog for identification purposes.
The hearing officer(s) may, in his or her recommendation, determine to the Director or his/her
designee is the authority to establish the appropriate requirements from the preceding list or to refine
and clarify the aforementioned requirements to effectuate the purposes of this ordinance.
(4) The owner or keeper of the dog shall be notified in writing by the hearing officer(s) within
fifteen (15) days of the administrative appeal hearing of his/her recommendation unless this time
period has been extended pursuant to subsection (2)(b) of this section. In no event shall this time
period be extended beyond thirty (30) days from the date of the conclusion of the administrative appeal
hearing unless good cause is shown. If the hearing officer(s) issues a finding of dangerous dog that is
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upheld by the Board of County Commissioners, the owner or keeper of the dog may appeal the Board's
decision as provided below. If the owner or keeper does not timely appeal the Board's decision, he or
she must either register the dog as a dangerous dog in accordance with section 5.04.035 or the dog
shall be confiscated as provided in RCW 16.08.100(1).
(5) An appeal of an order affirming the hearing officer(s) recommendation may be made in the
manner provided under the general laws of the state. In the event the hearing officer(s)
recommendation is affirmed on appeal and no further appeal is made, the owner or keeper of the dog
must register the dog as a dangerous dog in accordance with section 5.04.035 within fifteen (15) days
of notification of the decision or the dog will be euthanized at the direction of the Director, or his/her
designee.
(6) A finding that a dog is not a dangerous dog shall not prevent the Director, or his/her
designee, from seeking to have the dog declared a dangerous dog as the result of any subsequent action
by the dog.
(7) In the event the Director, or his/her designee, has sufficient information to determine a
dog is dangerous and may pose a threat of serious harm to human beings or animals, the Director, or
his/her designee, shall seize and impound the dog pending notice, hearings, appeals and other
determinations hereunder. The owner or keeper of the dog shall be liable to SCRAPS for the costs and
expenses of keeping such dog, unless a finding is made that the dog is neither a dangerous dog nor a
potentially dangerous dog.
(8) An owner or keeper of a dangerous dog who violates any conditions imposed under this
section shall be guilty of a gross misdemeanor. An owner or keeper of a potentially dangerous dog who
violates any conditions imposed under this section shall be guilty of a misdemeanor.
5.04.033 Determination of Potentially Dangerous Dog--Notice, Administrative Review, and
Appeal.
(1) When the Director, or his/her designee, has sufficient information to determine that a
dog is a potentially dangerous dog as defined in section 5.04.020(17), a notice either in person or by
regular mail, shall be provided to the owner or keeper of the dog. The notice shall contain the
following information:
(a) That the person receiving the notice is the owner or keeper of a potentially dangerous
dog as defined in section 5.04.020(17);
(b) The breed, color, sex, and license number(if known) of said dog;
(c) The facts upon which the determination of potentially dangerous dog is based;
(d) That if there are future similar incidents with the dog, the dog could be declared a
dangerous dog pursuant to section 5.04.032, and required to be registered as provided in section
5.04.035;
(e) That the owner or keeper must comply with restrictions set forth in the notice as a
condition of continued ownership or keeping of the dog and that restrictions may include but are not
limited to those which may be imposed on the owner of keeper of a potentially dangerous dog pursuant
to section 5.04.032(3);
(f) That the notice constitutes a final determination that the dog is a potentially dangerous
dog, unless the owner or keeper of the dog requests an administrative review meeting in writing on a
form provided with the notice within fifteen (15) days of the receipt of the notice. For purposes of this
section, if the notice is mailed, it shall be deemed received on the third day after the notice is placed in
the mail; and
(g) That pursuant to 5.04.033(3), a failure by the dog owner or keeper to request and attend
an administrative review meeting with the animal control director or designee shall constitute a failure
to exhaust all administrative remedies, and that such failure to exhaust all administrative remedies shall
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preclude any appeal of the administrative determination to the Board of County Commissioners or
Court.
(2) In the event the owner or keeper of a dog requests an administrative review meeting as
provided in subsection (1)(f) of this subsection, the administrative review meeting shall be held within
thirty (30) days of the receipt of the request. The meeting date may be continued upon a showing of
good cause. The Director or his/her designee shall notify the owner or keeper of the date, time and
place of the administrative review meeting, as well as the right to present evidence as to why the dog
should not be found potentially dangerous. The administrative review meeting shall be held before the
Director or his/her designee. Administrative review meetings shall be informal, open to the public;
and, at the option of the Director or his/her designee,may be held telephonically.
(3) Following an administrative review meeting, the Director or his/her designee may
affirm or reverse the initial determination that a dog is potentially dangerous. If a determination that a
dog is potentially dangerous is upheld, the Director or his/her designee may impose the same
reasonable conditions as may be imposed on the owner or keeper of a potentially dangerous dog
pursuant to section 5.04.032(3).
(4) The Director or his/her designee shall notify, in writing, the owner or keeper of the dog
of his/her decision within ten (10) days of the administrative review meeting. The decision of the
Director or his/her designee may be appealed in the same manner as provided in section 5.04.032.
(5) The decision of the Director or his/her designee is final unless appealed.
(6) An owner or keeper of a potentially dangerous dog who violates any of the conditions
imposed under this section shall be guilty of a misdemeanor.
5.04.035 Registration of Dangerous Dogs--Requirements--Annual Fee.
(1) The owner or keeper of a dangerous dog must obtain a certificate of registration for
such animal from SCRAPS within fifteen (15) days of declaration of dangerous dog or if appealed
within fifteen (15) days of the appeal decision as provided in section 5.04.032. No dangerous dog shall
be returned by SCRAPS to anyone prior to the issuance of a certificate of registration under this
section. The certificate of registration shall be issued only if the owner or keeper of the dangerous dog
presents sufficient proof of the following:
(a) A proper enclosure, approved by SCRAPS, to confine a dangerous dog and posting of
the premises with a clearly visible sign that there is a dangerous dog on the property. In addition, the
owner shall conspicuously display a sign with a warning symbol that informs children of the presence
of a dangerous dog;
(b) A microchip implant injected for identifications purposes pursuant to 5.04.036;
(c) A muzzle and leash, approved by SCRAPS as to strength and fit, for the dangerous dog;
(d) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form
acceptable to the SCRAPS in the sum of at least two hundred fifty thousand dollars ($250,000.00)
which provides for prior written notification to SCRAPS of cancellation or material change, payable to
any person for personal injuries or property damage caused by the dangerous dog regardless of
whether the personal injury or property damage occurs on or off the owner or keeper's premises; or
A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified
under RCW Title 48 in the amount of at least two hundred fifty thousand dollars ($250,000) with a
maximum five hundred dollar($500.00) deductible and which provides for prior written notification to
SCRAPS of cancellation or material change, insuring the owner or keeper for any personal injuries and
property damage inflicted by the dangerous dog regardless of whether the personal injury or property
damage occurs on or off the owner or keeper's premises; and
The owner or keeper of a dangerous dog shall furnish to SCRAPS a complete copy of the
surety bond or certificate of insurance specified in this subsection and shall allow the County a
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reasonable time to review the bond or policy to determine whether the surety bond or certificate of
insurance is sufficient, prior to issuing the certificate of registration;
(e) The dangerous dog must be spayed/neutered at the owner's expense to complete the
registration. Any impounded dangerous dogs will be transported by SCRAPS to a veterinarian for
spaying/neutering as part of the registration process; and
((f) In addition to the regular dog licensing fees set forth in section 5.04.030, the owner or
keeper of a dangerous dog shall pay an annual registration fee in the amount of one hundred dollars
($100.00). The registration will be valid for twelve (12)months.
(2) Notwithstanding the requirements set forth in subsection (1) of this section, the Director
may issue a provisional registration certificate where: (a) the dangerous dog declaration has been
appealed, provided all conditions of this section have been met with the exception of subsection (1)(e)
requiring spay/neuter; or (b) the owner is relocating the dangerous dog outside of Spokane County and
all conditions of this section have been met with the exception of subsection (1)(d) requiring a surety
bond or insurance policy. Any provisional permit issued pursuant to (2)(a) of this subsection shall
expire fifteen (15) days following the appeal decision as provided in section 5.04.032; any provisional
permit issued pursuant to (2)(b) of this subsection shall be valid for the sole purpose of immediate
transport and relocation of the dog from the shelter to a location outside Spokane County.
(3) This section shall not apply to police dogs as defined in RCW 4.24.410.
(4) The owner or keeper of a dog declared a dangerous dog must notify SCRAPS in writing
if the dog is deceased, is to be relocated or if there is a change in ownership. In the event of a change
of ownership and/or relocation of the dangerous dog, the owner or keeper must provide SCRAPS with
written notice ten (10) days in advance of any change that includes the complete address and phone
number of the new owner or keeper prior to the change of ownership and/or relocation of the
dangerous dog. The owner or keeper of the dangerous dog must also notify any subsequent owner or
keeper of the dog's designation as a dangerous dog. If change of ownership and/or relocation of a
dangerous dog is within Spokane County, all conditions imposed under this section shall be in place
for the new owner and at the new location prior to such change.
(5) Dogs deemed dangerous by other jurisdictions in the State of Washington will be
subject to the same regulations as if they have been deemed dangerous in Spokane County. Any owner
or keeper of a dog deemed dangerous by jurisdictions outside of the State of Washington relocating to
Spokane County, WA, shall present the dog to SCRAPS within 30 days of their arrival in Spokane
County to be evaluated by the Director or his/her designee on an individual basis to determine whether
they meet the requirements of a dangerous dog, taking into account the criteria established by section
5.04.020(8). Dogs meeting the requirements of a dangerous dog under this subsection must be
registered as such, and are subject to all other restrictions imposed under this section.
(6) An owner or keeper of a dog previously deemed dangerous by SCRAPS or Spokane
County and subsequently relocated outside Spokane County, must register the dog pursuant to
subsection (1) of this section prior to bringing the dangerous dog into Spokane County; such dogs are
prohibited from re-entering Spokane County without prior written consent from SCRAPS and/or full
re-registration.
(7) Dangerous dog registration must be renewed every twelve (12)months. A re-inspection
of the facility is required prior to renewal. The owner or keeper shall also provide SCRAPS proof of
surety bond or proper insurance certificate as specified in subsection (1) of this section prior to re-
registration.
(8) An owner or keeper of a dog declared a dangerous dog shall be responsible for meeting
and maintaining the requirements set forth in this section at all times. A violation of conditions
imposed under this section is a gross misdemeanor.
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5.04.036 Dangerous dogs--Identification.
The owner or keeper of a dog determined to be dangerous, pursuant to section 5.04.032 or
section 5.04.035(5), shall have the dog identified by a microchip implant. The microchip implant shall
be injected in accordance with policy established by SCRAPS. A fee of twenty-five dollars ($25.00)
for the cost of microchipping shall be charged to the owner or keeper of a dangerous dog.
5.04.040 Unlawful Use of License Tags
(1) It is unlawful for any owner to use any license tag on any dog or cat other than the one
for which it was issued. If there is a change of ownership of a licensed dog or cat, the new owner must
apply for and obtain a new license as required in this chapter.
(2) It is unlawful for any person to use the license tag for an unlawful purpose or to conceal
the ownership of the dog or cat or remove the license tag provided for in this chapter from any dog or
cat, with the intent to deprive the owner or keeper thereof.
(3) A willful violation of this section is a misdemeanor.
5.04.042 Commercial Kennels
(1) Commercial kennels located in Spokane County shall be licensed as required by this
section. Commercial kennel licenses shall be for a twelve-month (12) period and shall be renewed on
or before the expiration of the twelve-month (12) period. The fee for a commercial kennel license is
one hundred-fifty dollars ($150.00), payable to SCRAPS. An additional fee of twenty-five dollars
($25.00) shall be assessed and payable if the license is not timely renewed; and, all renewal rights to
existing license cease to exist 90 days after renewal date and continued operation of the kennel shall be
deemed operation of an illegal kennel. SCRAPS shall mail a notice of renewal of license not less than
thirty (30) days prior to the expiration of said license. Individual licenses are not required for any
animals legally maintained within a commercial kennel.
(2) Applications for commercial kennel licenses shall be made to SCRAPS. Each
application shall be in writing, and signed and sworn to by the applicant. The application shall contain
the following information:
(a) The name, home address, and telephone number of the applicant;
(b) The business name, business address, and telephone number of the proposed
commercial kennel.
(c) A diagram to scale or approximately to scale showing the property and structures for
which the license is sought;
(d) A diagram of the kennel facility;
(e) A description of the premises where the kennel will be operated, as well as a description
of the magnitude and nature of the proposed business; and
(f) A written statement from the Spokane County Building And Planning Division that the
contemplated business complies with applicable zoning laws.
(3) SCRAPS may refuse issuance or renewal of a license, or revoke or suspend said license,
upon finding after investigation or hearing it deems necessary that:
(a) The license fee has not been paid;
(b) The application does not satisfy the requirements of subsection (2);
(c) Upon the inspection by the Director or his/her designee, the business does not meet the
standards for a commercial kennel set forth in subsection (5);
(d) Such license was issued illegally, or by mistake or inadvertence, or was procured by
fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts, or
that any of the material facts contained in the application are false;
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(e) The licensee, or any agent of the licensee, in connection with the operation of the
commercial kennel, has, within a two-year period:
(i) Been found guilty or committed of a violation of any provisions of this chapter,
chapter 5.12 of the Spokane County Code, or chapters 16.08, 16.52, or 16.54 RCW; or
(ii) Been found to have engaged in any other misconduct, or improper, fraudulent,
or wrongful behavior relating to the operation of a commercial kennel;
(iii) Violated any of the standards imposed for operation of a commercial kennel by
subsection (5) of this section.
(f) Any servant, agent, employee or representative of the commercial kennel has been
guilty of any act or omission while on the premises of the commercial kennel, where said act
constitutes a criminal violation of this chapter, or chapter 5.12 of the Spokane County Code or chapters
16.08, 16.52, or 16.54 RCW; or has been to have engaged in any misconduct or improper, fraudulent
or wrongful behavior relating to the operation of the commercial kennel if:
(i) the circumstances surrounding any of the foregoing acts or omissions are such as
to establish that such act was knowingly allowed by any person sharing in profits of said
business, or, if a corporation, any officer or director thereof, or of any person acting as a
proprietor,manager, or person in charge of such business; or
(ii) in any event, if two (2) or more such acts or omissions have occurred on the
premises within a two-year period.
(g) Failure to observe any of the standards set forth in subsection (5) of this section.
(4) Any applicant who has duly made application for a new commercial kennel or renewal
of an existing license under the provisions of this section and has been denied such license, or any
person holding a license which is revoked or suspended under the provisions of this section, may file a
petition with the Clerk of the Board of County Commissioners for a administrative appeal hearing
provided that such petition must be filed within fifteen (15) days following notification of such denial,
revocation or suspension. If the applicant's petition is on a current legally issued license, such denial,
revocation or suspension shall be stayed upon the filing of such petition for administrative appeal with
the Clerk of the Board pending final determination of the Board of County Commissioners as herein
provided. In the event such petition is filed, the Board of County Commissioners may elect to use
designee(s) as a hearing officer; in any event, a date, no less than ten (10) days following the mailing
of notice thereof shall be set for a administrative appeal hearing, of which all interested parties shall be
notified. All evidence bearing on the questions of whether such denial, revocation or suspension is
proper under the provisions of this section may be received at that administrative appeal hearing
conducted by the Board of County Commissioners or its designee(s). If the Board of County
Commissioners shall determine upon such administrative appeal hearing that such denial, suspension
or revocation is not proper under the provisions of this chapter, they shall notify SCRAPS, which shall
cause the license to be issued or reinstated forthwith. If the Board of County Commissioners
determines upon such administrative appeal hearing that such license should be denied, suspended or
revoked under the provisions of this section, they shall issue such order in writing. An appeal of such
an order may be made in the superior court of Spokane County in the manner provided under the
general laws of the state of Washington. In those instances where the Board of County
Commissioners' designee acts as a hearing officer in conjunction with this section, the following
procedures shall apply:
(a) All hearings before the hereinabove designee shall be recorded; all testimony shall be
taken under oath and witnesses may be subpoenaed by the designee;
(b) The hearing officer shall render an oral recommendation at the conclusion of the
hearing or within five (5) business days. This time may be extended at the discretion of the hearing
officer. The oral recommendation shall be reduced to writing and shall include findings of fact and
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conclusions of law, and shall be submitted to the Board of County Commissioners of Spokane County
for action; a copy will be forwarded to the applicant and the Director. Upon receipt by the Clerk of the
Board of County Commissioners of the written recommendation of the hearing officer, the Clerk shall
place the matter on its next regular meeting agenda for action. The applicant shall be advised by the
Clerk of the Board that the Board will take formal action on the recommendation of the hearing officer
at the time, date and place of the Board of County Commissioners' next regular meeting;
(c) At the time, date and place that the Board of County Commissioners considers the
written recommendation of the hearing officer no additional testimony or evidence will be considered.
The record before the Board of County Commissioners will include the electronic recording of the
hearing before the hearing officer, any written documents submitted to the hearing officer for
consideration at the time of the hearing or after the hearing if requested by the hearing officer and the
findings of fact conclusions of law and recommendation of the hearing officer. The Board of County
Commissioners may ask questions of the hearing officer for purposes of clarification; and
(d) The Board of County Commissioners may accept, reject, or modify the
recommendation of the hearing officer. The Board shall render its decision in writing.
(5) The following operation standards shall be observed in connection with a commercial
kennel:
(a) All animals must have an adequate supply of drinking water, sanitary sleeping quarters,
adequate shelter, medical attention, grooming and exercise areas appropriate to their size, breed
characteristics and climate;
(b) All animals shall be supplied with sufficient good and wholesome food as often as the
feeding habits of the respective animals require, but not less than, in the case of puppies or kittens
under four months of age, three times every twenty-four hours; and in the case of adults, once every
twenty-four hours-;
(c) Food shall be stored in a fashion which prevents contamination or infestation;
(d) The Facilities shall be maintained and operated in a healthful, sanitary manner, free
from disease, infestation and foul odors;
(e) All animals and animal buildings or enclosures shall be maintained in a clean and
sanitary condition. Housing facilities shall be structurally sound and shall be maintained in good
repair, to protect the animals from injury, to contain the animals, and to restrict the entry of other
animals. All reasonable precautions shall be taken to protect the public from the animals and the
animals from the public.
(f) Sick animals shall be isolated from healthy ones in quarters adequately ventilated to
prevent contamination of healthy animals;
(g) Animals shall be immunized from disease as is usual and customary for the animals' age
and species.
(h) All animal rooms, cages, shipping containers, and runs shall be of sufficient size to
provide adequate and proper accommodations and protection from the weather for the animals kept
therein. If individual runs are utilized, the surface shall be cement, gravel, or shavings. At a
minimum, sufficient space must be provided for every animal in an enclosure to separately and
together, stand up, lie down, and turn around in a natural position.
(i) All animals shall be maintained so as to comply with section 5.04.070(7).
(6) No commercial kennel license, or any renewal thereof, may be issued until the owner or
operator thereof allows the Director or his/her designee to inspect the premises of the license applicant.
Such inspections shall be made during regular business hours. The purpose of such inspection shall be
to determine if the commercial kennel does or can meet the standards set forth in subsection (5). The
Director, or his/her designee, may inspect the premises at any time to insure compliance with the
provisions of this ordinance.
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(7) Any person owning or exercising control of an unlicensed commercial kennel is guilty
of a misdemeanor.
5.04.043 Private Kennels
(1) Private kennels located in Spokane County shall be licensed as required by this section.
Private kennel licenses shall be for a twelve (12) month period and shall be renewed on or before the
expiration of the twelve (12) month period. The fee for a private kennel license is one-hundred dollars
($100.00), payable to SCRAPS. An additional fee of twenty-five dollars ($25.00) shall be assessed
and payable if the license is not timely renewed; and, all renewal rights to existing license cease to
exist 90 days after renewal date and continued operation of the kennel shall be deemed operation of an
illegal kennel. SCRAPS shall mail a notice of renewal of license not less than thirty (30) days prior to
the expiration of said license. Individual licenses are not required for any animals legally maintained
within a private kennel.
(2) Applications for private kennel licenses shall be made to SCRAPS. Each application
shall be in writing, and signed and sworn to by the applicant. The application shall contain the
following information:
(a) The name, home address, and telephone number of the applicant;
(b) A diagram to scale or approximately to scale showing the property and structures for
which the license is sought;
(c) A diagram of the kennel facility;
(d) A description of the premises where the kennel will be operated, as well as a description
of the magnitude and nature of the proposed private kennel, including the number and breed of dogs or
cats to be housed there;
(e) A description of the uses to which the properties surrounding the proposed private
kennel are devoted;
(f) A written statement from the Spokane County Division of Building and Planning that
the proposed private kennel complies with applicable zoning laws.
(3) SCRAPS may refuse issuance or renewal of a license, or revoke or suspend said license,
upon finding after investigation or hearing it deems necessary that:
(a) The license fee has not been paid;
(b) The application does not satisfy the requirements of subsection (2);
(c) Such license was issued illegally, or by mistake or inadvertence, or was procured by
fraud, misrepresentation, false or misleading statements, evasions or suppression of material facts, or
that any of the material facts contained in the application are false;
(d) Operation of the kennel constitutes a public nuisance;
(e) The licensee, or any agent of the licensee, in connection with the operation of the
private kennel,has, within a two-year period:
(i) Been found guilty or committed of a violation of any of the provisions of this
chapter, chapter 5.12 of the County Code, or chapters 16.08, 16.52, or 16.54 Revised Code of
Washington;
(ii) Violated any of the standards imposed for operation of private kennels by
subsection (4)hereof; or
(iii) Kept more than the number of dogs or cats allowed by subsection (5)hereof.
(4) The following operation standards shall be observed in connection with a private
kennel:
(a) The animals must have an adequate supply of drinking water, sanitary sleeping quarters,
and adequate shelter, medical attention, grooming and exercise areas appropriate to their size, breed
characteristics and climate;
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(b) All animals shall be supplied with sufficient good and wholesome food as often as the
feeding habits of the respective animals require, but not less than, in the case of puppies or kittens
under four months of age, three times every twenty-four (24) hours; and in the case of adults, once
every twenty-four (24)hours.
(c) All animals and animal buildings or enclosures shall be maintained in a clean and
sanitary condition. Housing facilities shall be structurally sound and shall be maintained in good
repair, to protect the animals from injury, to contain the animals, and to restrict the entry of other
animals. All reasonable precautions shall be taken to protect the public from the animals and the
animals from the public;
(d) Sick animals shall be isolated from healthy ones in quarters adequately ventilated to
prevent contamination of healthy animals;
(e) Animals shall be immunized from disease as is usual and customary for the animals'
age and species;
(f)
All animal rooms, cages, shipping containers, and runs shall be of sufficient size to
provide adequate and proper accommodations and protection from the weather for the animals kept
therein. If individual runs are utilized, the surface shall be cement, gravel, or shavings. At a
minimum, sufficient space must be provided for every animal in an enclosure to separately and
together, stand up, lie down, and turn around in a natural position; and
(g) All animals shall be maintained so as to comply with section 5.04.070(7).
(5) No private kennel shall have more than eight (8) dogs and/or ten (10) cats over six
months of age without the consent of SCRAPS.
(6) No private kennel license, or any renewal thereof may be issued until the owner or
operator allows, the Director, or his/her designee, to inspect the premises of the license applicant at a
mutually convenient time. The purpose of such inspection shall be to determine if the private kennel
does or can meet the standards set forth in subsection (4). Any license or renewal thereof shall be
conditioned on the owner/operator allowing the Director or his/her designee to inspect the premises at
any time to insure compliance with the provisions of this ordinance.
(7) Any person owning or exercising control of an unlicensed private kennel is guilty of a
misdemeanor.
5.04.044 Prohibited Sales - Rules and Regulations.
(1) No person shall display, sell, deliver, offer for sale, barter, auction, give away, dispose,
or advertise the availability of an animal upon any public property or upon private property open
to the public.
(2) For purposes of this section,public property shall include but not be limited to any
County-owned real property, air space, or other interest in real estate, including streets, roads,
alleys or other public right-of ways, owned by or controlled by Spokane County or any
governmental entity within the unincorporated areas or incorporated areas under contract that
have adopted this chapter.
(3) For purposes of this section, "private property open to the public" shall include but not
be limited to any parking lot, sidewalk, and empty lot.
(4) This section shall not apply to the sale of an animal that occurs:
(a) On private property not open to the public;
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(b)At legally permitted Pet Shops and Kennels;
(c)At or through any humane society, animal welfare society, society for the
prevention of cruelty to animals or other nonprofit organization devoted to the
welfare, protection, and humane treatment of animals and approved by the Director.
(5)Nothing in this section shall permit the sale or harboring of an inherently dangerous
animal within the County prohibited pursuant to SCC 5.12.
5.04.045 Designated Off-Leash Area(s) -Rules and Regulations.
Except as expressly allowed in this section, it shall be unlawful for any person to allow or
permit their dog to run at large.
(1) Dogs may be allowed to run at large only in the following designated off-leash areas:
(a) Designated off-leash area within Gateway Park, located off Interstate 90 in
Spokane County adjacent to the Idaho/Washington border;
(2) An area designated as off-leash area in subsection (1) herein, is governed by the
following rules and regulations:
(a) Any person bringing a dog into the off-leash area remains liable for damage or
injury inflicted by the dog and is subject to all applicable Washington State and
Spokane County laws regulating dogs.
(b) Any dog deemed potentially dangerous or dangerous by any recognized animal
control authority is not allowed in an off-leash area.
(c) Any person bringing a dog into an off-leash area must maintain control of the dog(s)
at all times.
(d) No handler is allowed to have more than three (3) dogs in an off-leash area at any
one time. A handler must attend his/her dog within an off-leash area at all times.
(e) Any dog exhibiting dangerous or aggressive behavior, including but not limited to
biting and fighting is prohibited from an off-leash area.
(f) A female dog in heat is not allowed in an off-leash area.
(g) Any person bringing a dog to an off-leash area must leash the dog when it is outside
the off-leash area; and, must carry a leash for each dog while inside the off-leash
area.
(h) Pinch and choke collars are not allowed when a dog is off leash in the off-leash
area.
(i) A dog must be vaccinated.
(j) Any person bringing a dog into an off-leash area must clean up feces after the dog,
deposit feces in the containers at the off-leash site, and visibly carry equipment for
removing feces.
(k) Any children less than 16 years of age in the off-leash area must be accompanied by
a parent or guardian.
(1) No glass containers or alcohol allowed in an off leash area.
(m)Bicycles, skateboards, and other wheeled items are prohibited inside an off-leash
area.
5.04.050 Enforcement Power
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(1) The Director or his/her designee are authorized to take such lawful action as may be
required to enforce the provisions of this chapter and chapter 5.12 of the Spokane County Code and
chapters 16.08, 16.52 and 16.54 of the Revised Code of Washington.
(2) The Director or his/her designee, unless authorized by the owner or person entitled to
possession thereof, shall not enter private dwellings which are not licensed as either commercial or
private kennels unless a proper warrant has been issued upon a showing that the Director or his/her
designee has reasonable cause to believe that there is a violation of this chapter or chapter 5.12 of the
Spokane County Code or chapters 16.08, 16.52 or 16.54, Revised Code of Washington. The Director
or his/her designee, while pursuing any dog observed by the officer to be in violation of this chapter, or
during investigation for unlicensed dogs, may enter upon any public or private property, except any
private dwellings which are not licensed as either commercial or private kennels, for the purpose of
abating the dog violation being investigated.
(3) No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct the
Director or his/her designee from pursuing any animal observed to be in violation of this chapter or
chapter 5.12 of the Spokane County Code and chapters 16.08, 16.52 or 16.54 of the Revised Code of
Washington. No person shall fail or neglect, after a proper warrant has been presented, to properly
permit the Director or his/her designee to enter private property or private dwelling homes to perform
any duty imposed by this chapter or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52
or 16.54 of the Revised Code of Washington.
5.04.060 Impounding of dogs—Notice of owner or keeper—Redemption—Fee.
(1) The Director or his/her designee may impound any dog(s) doing any of the acts
prohibited by Spokane County Code, or determined to be in danger of being subjected to cruel
treatment as defined by this chapter and/or chapter 16.52 RCW or when the dog is found to be sick,
injured or dead.
(2) The Director or his/her designee upon impounding of a dog shall record the breed,
color, and sex of the and whether or not is wearing a current license tag. If currently licensed, the
Director or his/her designee shall also record the name and address of the owner or keeper and the
number of the license tag. If the dog is not returned to its owner or keeper, the Director or his/her
designee shall notify the owner or keeper either by mail or telephone or personal notice that the dog
has been impounded and where it may be redeemed. Any dog identified as currently licensed and
impounded pursuant to this chapter_shall be held for the owner or keeper for at least one hundred
twenty (120) hours from the time of impoundment. Any unlicensed dog shall be held for the owner or
keeper at least seventy-two (72)hours from the time of impoundment.
(3) Any dog not redeemed after the expiration of the holding period as provided in
subsection (2) of this section may be adopted out or humanely euthanized. All adoptions shall be
pursuant section 5.04.064.
(4) Notwithstanding the holding periods referenced in sub-section (2) of this section, the
Director or his/her designee may, in the exercise of their discretion and in accordance with policy
established by SCRAPS, authorize any unlicensed impounded dog be humanely euthanized if it is
determined the animal is: a) feral and/or dangerous to the safety of humans or other animals, or b)
suffering from serious injury or disease, or c) the designated shelter area for dogs is at capacity.
(5) Any dog impounded pursuant to this section may be redeemed by owner or keeper upon
payment of all redemption fees as provided in section 5.04.110. In addition, any unlicensed dogs must
be licensed at the time of redemption.
(6) Any dog running at large during rabies quarantine shall be immediately impounded by
SCRAPS and kept at the animal shelter for the remainder of the quarantine at the owner's or keeper's
expense.
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5.04.064 Release for Adoption
(1) The Director may, in his or her sole discretion, decline to release an animal for adoption
under any circumstances including but not limited to:
(a) The prospective adoptive owner has a history of violations of this chapter or has been
convicted of an animal-related crime;
(b) The prospective adoptive owner has inadequate or inappropriate facilities for confining
the animal and for providing proper care to the animal as required by this chapter, chapter 5.12 of the
County Code, and the Revised Code of Washington Title 16.
(c) The existence of other circumstances which, in the opinion of the Director, would
endanger the welfare of the animal or the health, safety and welfare of the people residing in the
county; or
(d) The animal is classified as a dangerous dog or a potentially dangerous dog.
(2) Any adoption shall be subject to the following:
(a) The adoptive owner shall agree in writing to furnish proper care to the animal in
accordance with this chapter, chapter 5.12 of the County Code, and the Revised Code of Washington
Title 16;
(b) Payment of required fees under this chapter; and
(c)All animals must be spayed/neutered as set forth in section 5.04.065
(3) Notwithstanding the requirements set forth in subsections (1) and (2) of this section, the
Director may release an animal to an approved animal shelter or rescue/adoption agency which has
agreed in writing to abide by the constraints of this section in the placement of rescue animals.
5.04.065 Adoption of Animal -- Agreement to Spay or Neuter — Sterility Fee --
Forfeiture of Animal--Animal Care And Protection Reserve Funds Account.
(1) Any dog or cat adopted from SCRAPS shall, at the direction of SCRAPS be spayed or
neutered prior to adoption unless the Director or his/her designee determines in the exercise of his/her
discretion that the sterilization procedure should be postponed, for a maximum of ninety days, due to
the animal's age, health or other appropriate factors.
(2) At the time of adoption of any dog or cat SCRAPS, a thirty-five dollar ($35.00) sterility
fee for dogs and a twenty-five dollar ($25.00) sterility fee for cats will be charged in addition to other
fees enumerated in 5.04.030.
(3) The sterility fee collected by SCRAPS from the adoption of any dog or cat will be
deposited into the Animal Care And Protection Reserve Funds account of Spokane County and
restricted for use to reimburse veterinarians for the spay/neuter of adopted dogs and cats; and, if excess
funds are available, at the discretion of the Director, for treatment and care of injured or sick animals
impounded by SCRAPS and projects/programs/services that may benefit the people and animals in the
community.
(4) All persons adopting animals from SCRAPS which have not been sterilized will be
provided with a sterility voucher which will contain space for the signature of a licensed veterinarian
who performs the spaying or neutering of the animal. In addition, the person adopting will be provided
a list of licensed veterinarians participating in the SCRAPS Neutering Program. In order for the person
adopting to have his or her new pet spayed or neutered for no charge, the person must have their pet
sterilized within ninety (90) days of purchase by a participating veterinarian. The sterility voucher shall
be presented to the participating veterinarian, who shall sign and date it and return it to SCRAPS for
reimbursement. If the person adopting decides to use a veterinarian who does not participate in the
SCRAPS Neutering Program, they will be responsible for all fees charged by the nonparticipating
veterinarian. Whether a participating or nonparticipating veterinarian is used, the pet must be sterilized
within ninety (90) days of purchase.
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(5) The person adopting an animal shall be responsible for providing proof that the animal
has been spayed or neutered to SCRAPS within ninety (90) days of adoption. Proof shall consist of the
completed sterility voucher from a veterinarian participating in the SCRAPS Neutering Program; or
where the animal has been spayed or neutered by a nonparticipating veterinarian, the proof shall
consist of a written statement from the veterinarian or clinic which spayed or neutered the animal,
indicating the date the animal was spayed or neutered.
(6) Upon return of the signed and dated sterility voucher by a licensed participating
veterinarian to SCRAPS, the Director or his/her designee will cause the issuance of a check or warrant
to the veterinarian in accordance with the then scheduled reimbursement rate.
(7) Any person adopting an animal who fails to provide proof the animal adopted has been
spayed or neutered shall surrender the animal to SCRAPS.
(8) SCRAPS shall maintain a neutering program revolving account which will constitute a
checking account set up under the control of the SCRAPS Director to facilitate payment to
participating veterinarians after required proof of spaying/neutering or other qualified veterinarian
services has been submitted. Veterinarians may also be reimbursed through the county voucher
payment system.
(9) The neutering program revolving account shall be balanced and reimbursed by county
warrant at least monthly; reimbursement vouchers shall have sterility voucher or other qualified
veterinarian service receipts attached. The receipts will be charged to the Animal Care And Protection
Reserve Funds account of Spokane County.
5.04.066 Impounding of Cats--Notice to Owner or Keeper—Redemption.
(1) The Director or his/her designee may impound any cat(s) doing any of the acts
prohibited by Spokane County Code, if the cat is in danger of being subjected to cruel treatment as
defined by this chapter and/or chapter 16.52 RCW or when the cat is found to be sick, injured, or
dead.
(2) The Director or his/her designee upon the impounding of a cat shall record the breed,
color and sex of the cat, and whether or not the cat is wearing a current license tag. If currently
licensed, the Director or his/her designee shall also record the name and address of the owner or keeper
and number of the license tag. If the cat is not returned to its licensed owner or keeper, the Director or
his/her designee shall notify the cat's owner or keeper either by mail, or telephone, or personal notice
that the cat has been impounded and where it may be redeemed. Any cat identified as currently
licensed and impounded pursuant to this chapter shall be held for the owner or keeper for at least one
hundred twenty (120) hours from the time of impoundment. The length of time an unlicensed cat is to
be held depends on the temperament of the animal, if the animal is sick or injured, space available in
the animal shelter, and whether placement through adoption is available.
(3) Any cat(s) not redeemed after the expiration of the holding period as provided in
subsection (2) of this section may be adopted out or humanely euthanized. All cats adopted out shall
be pursuant to 5.04.064.
(4) Notwithstanding the holding periods referenced in sub-section (2) of this section, the
Director or his/her designee may, in the exercise of their discretion and in accordance with policy
established by SCRAPS, authorize any impounded cat be humanely euthanized if they determine the
animal is: a) feral and/or dangerous to the safety of humans or other animals, b) suffering from serious
injury or disease, or c) the designated shelter area for cats is at capacity.
(5) Any cat impounded pursuant to this section may be redeemed by the owner or keeper
upon payment of all redemption fees as provided in section 5.04.110. In addition, any unlicensed cats
must be licensed at the time of redemption.
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(6) Any cat running at large during rabies quarantine shall be immediately impounded by
SCRAPS and kept at the animal shelter for the remainder of the quarantine at the owner's or keeper's
expense.
5.04.067 Control of cats.
The following cat control regulations are police regulations designed to protect public health
and safety. The owner or keeper of a cat is strictly liable to control his/her cat or cats as required
herein. This means that the penalty for violation of these regulations is imposed without regard to any
wrongful intention of the violator. It is unlawful for the owner or keeper of a cat or cats to violate any
of the following regulations. The owner or keeper of a cat or cats shall prevent said cats from:
(1) Being accessible to other cats, while in heat, for purposes other than controlled or
planned breeding;
(2) Running at large when the cat has not been neutered or spayed, and the cat is six (6)
months of age or older;
(3) Being kept, harbored or maintained and known to have a contagious disease unless
under the treatment of a licensed veterinarian, and appropriately isolated to protect the public and other
animals;
(4) Being on private property without the permission of the property owner or the person
entitled to possession of the property.
(5) Exhibiting vicious propensities; and
(6) Entering any place where food is stored, prepared, served or sold to the public or any public
building or hall; provided, that this section shall not apply to any trained service cat; to veterinarian
offices or hospitals; or to exhibitions or organized cat shows.
5.04.070 Control of dogs.
The following dog control regulations are police regulations designed to protect public health
and safety. The owner or keeper of a dog is strictly liable to control his or her dog or dogs as required
herein. This means that the penalty for violation of these regulations is imposed without regard to any
wrongful intention of the violator. It is unlawful for the owner or keeper of a dog or dogs to violate any
of the following regulations. The owner or keeper of a dog or dogs shall prevent said dogs from:
(1) Running at large in Spokane County, whether licensed or not; provided, that this subsection
shall not: a) prohibit a person from walking or exercising a dog in public when such dog is on a leash,
tether or chain not to exceed eight feet in length; and, b) prohibit a person from having a dog off-leash
in an area designated pursuant to section 5.04.045(1) as an off-leash area provided that the
requirements of section 5.04.045(2) are met;
(2) Entering any place where food is stored, prepared, served or sold to the public or any
public building or hall; provided, that this subsection shall not apply to any dog guide or trained
service animal; to veterinarian offices or hospitals; or to dog exhibitions or organized dog training
classes or to dogs used by armored car services or law enforcement agencies;
(3) Being accessible to other animals, while in heat, for purposes other than controlled or
planned breeding;
(4) Chasing,running after or jumping at vehicles using public streets and alleys;
(5) Snapping, growling, snarling, barking in a threatening manner, jumping upon, chasing
or otherwise threatening persons or animals;
(6) Exhibiting vicious propensities;
(7) Howling, yelling, whining or barking or making other oral noises in such a manner as to
disturb any person or groups of persons to an unreasonable degree;
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(8) Being kept, harbored or maintained and known to have a contagious disease unless under the
treatment of a licensed veterinarian and appropriately isolated to protect the public and other animals;
(9) Running in packs; provided, for the purpose of this section "packs" means dogs in groups of
three or more;
(10) Running at large when the dog has not been neutered or spayed, and the dog is six months
of age or older;
(11) A dog declared a potentially dangerous shall not be at running at large or off the owner or
keeper's property, unless it is on a leash and under physical restraint of a responsible person.
(12) A dog declared a dangerous dog shall not be running at large or outside a proper enclosure,
unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a
responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or
interfere with its vision or respiration but shall prevent it from biting any person or animal.
5.04.071 Violations as Infractions--Exceptions.
Failure to perform any act required by this chapter or the performance of any act prohibited by
this chapter is designated as an infraction and may not be classified as a criminal offense, except the
following violations shall be classified as:
(1) MISDEMEANORS:
(a) Section 5.04.030(5) falsely representing dog or cat as spayed/neutered or
nonspayed/nonneutered;
(b) Sections 5.04.032(3) and 5.04.033(6), failure to abide by conditions imposed on
potentially dangerous dogs;
(c) Section 5.04.040, theft or misuse of license tags.
(d) Section 5.04.042(7), operating an unlicensed commercial kennel;
(e) Section 5.04.043(7), operating an unlicensed private kennel;
(f) Section 5.04.045(2)(e), allowing a dog to exhibit dangerous or aggressive behavior in a
designated off-leash area;
(g) Section 5.04.045(2)(f), allowing a female dog in heat in a designated off-leash area;
(h) Section 5.04.067(5), cats exhibiting vicious propensities which constitute a danger to
persons or domestic animals;
(i) Section 5.04.070(6), dogs exhibiting vicious propensities which constitute a danger to
persons or animals;
(j) Section 5.04.070(11),potentially dangerous dog at large;
Ik) Section 5.04.079(1), failure to sign a promise to appear;
il) Section 5.04.0791, failure to identify—person receiving notice;
(m) Section 5.04.0792, failure to obey an officer;
Section 5.04.120(3), interference with lawful euthanasia.
�o,) Section 5.04.150, failure to report striking domestic animal with motor vehicle;
(p) Section 5.04.160, failure to report animal bites; and
The third or subsequent violation of any provision constituting an infraction of this
chapter within a twelve-month period. For purposes of this subsection, a third or
subsequent violation within a twelve-month period is determined according to the date
of the offense for which an infraction, citation or complaint has been issued, regardless
of whether the court has deemed the violation to have been committed,provided, that a
finding by the court that the prior infraction was not committed shall render the prior
violation not countable toward the third or subsequent violation;
(2) GROSS MISDEMEANORS:
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(a) Section 5.04.035, failure to comply with dangerous dog registration and ownership
requirements;
(b) Section 5.04.045(2)(b),prohibited dog in dog park; and
(c) Section 5.04.070(12), dangerous dog at large.
5.04.072 Notice of Infraction--Issuance.
(1) The Director and Animal Protection Officer shall be specially commissioned by the
County Sheriff to issue a notice of infraction if committed in their presence or if after investigation
they have reasonable cause to believe that the owner or keeper of an animal has committed an
infraction.
(2) The court may issue a notice of infraction upon receipt of a written statement of the
Director or his/her designee that there is reasonable cause to believe that an infraction was committed.
5.04.073 Notice of Infraction--Determination Final Unless Contested--Form.
(1) A notice of infraction represents a determination that an infraction has been committed.
The determination will be final unless contested as provided in this chapter.
(2) The notice of infraction shall include the following:
(a) A statement that the notice represents a determination that an infraction has been
committed by the person named in the notice and that the determination shall be final unless contested
as provided in this chapter;
(b) A statement that an infraction is a noncriminal offense for which imprisonment may not
be imposed as a sanction;
(c) A statement of the specific infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the infraction;
(e) A statement of the options provided in this chapter for responding to the notice and the
procedures necessary to exercise these options;
(f) A statement that at any hearing to contest the determination, the county has the burden
of proving, by a preponderance of the evidence, that the infraction was committed; and that the person
may subpoena witnesses including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating
circumstances surrounding the commission of the infraction, the person will be deemed to have
committed the infraction and may not subpoena witnesses;
(h) A statement that the person must respond to the notice as provided in this chapter within
fifteen(15) days;
(i) A statement which the person shall sign that the person promises to respond to the
notice of infraction in one of the ways provided in this chapter; and
(j ) A statement that failure to respond to the notice of infraction or a failure to appear at a
hearing requested for the purpose of contesting the determination or for the purpose of explaining
mitigating circumstances will result in a default judgment against the person in the amount of the
penalty.
5.04.074 Response to Notice of Infraction--Contesting Determination--Hearing--
Failure to Respond or Appear.
(1) Any person who receives a notice of infraction shall respond to such notice as provided
in this section within fifteen (15) days of the date of the notice.
(2) If the person determined to have committed the infraction does not contest the
determination, the person shall respond by completing the appropriate portion of the notice of
infraction and submitting it, either by mail or in person, to the court specified on the notice. A check
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or money order in the amount of the penalty prescribed for the infraction must be submitted with the
response. When a response which does not contest the determination is received, an appropriate order
shall be entered in the court's records.
(3) If the person determined to have committed the infraction wishes to contest the
determination, the person shall respond by completing the portion of the notice of infraction requesting
a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court
shall notify the person in writing of the time, place and date of the hearing, and that date shall not be
sooner than seven (7) days from the date of the notice, except by agreement.
(4) If the person determined to have committed the infraction does not contest the
determination but wishes to explain mitigating circumstances surrounding the infraction, the person
shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose
and submitting it, either by mail or in person, to the court specified on the notice. The court shall
notify the person in writing of the time, place and date of the hearing.
(5) The court shall enter a default judgment assessing the monetary penalty prescribed for
the infraction and may notify the prosecuting attorney of the failure to respond to the notice of civil
infraction or to appear at a requested hearing if any person issued a notice of infraction:
(a) Fails to respond to the notice of infraction as provided in subsection (1) or (2) of this
section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or(4) of this section.
5.04.075 Hearings --Infraction--Rules of Procedure--Counsel.
(1) Procedures for the conduct of all infraction hearings provided for in this chapter shall be
in accordance with the Infraction Rules for Courts of Limited Jurisdiction.
(2) Any person subject to proceedings under this chapter may be represented by counsel.
5.04.076 Hearings --Contesting Determination that Infraction Committed--Appeal.
(1) A hearing held for the purpose of contesting the determination that an infraction has
been committed shall be without a jury.
(2) The court may consider the notice of infraction and any other written report made under
oath submitted by the officer who issued the notice or whose written statement was the basis for the
issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in
the notice may subpoena witnesses, including the officer, and has the right to present evidence and
examine witnesses present in court.
(3) In the event the defendant contests any infraction, the burden of proof is upon the
county to establish the commission of the infraction by a preponderance of the evidence.
(4) After consideration of the evidence and argument the court shall determine whether the
infraction was committed. Where it has not been established that the infraction was committed, an
order dismissing the notice shall be entered in the court's records. Where it has been established that
the infraction was committed, an appropriate order shall be entered in the court's records.
(5) An appeal from the court's determination or order shall be to the superior court. The
decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules
of Appellate Procedure.
5.04.077 Hearings—Infraction--Explanation of Mitigating Circumstances.
(1) A hearing held for the purpose of allowing a person to explain mitigating circumstances
surrounding the commission of an infraction shall be an informal proceeding. The person may not
subpoena witnesses. The determination that an infraction has been committed may not be contested at
a hearing held for the purpose of explaining mitigating circumstances.
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(2) After the court has heard the explanation of the circumstances surrounding the
commission of the infraction, an appropriate order shall be entered in the court's records.
(3) There may be no appeal from the court's determination or order at a hearing on
mitigation.
5.04.078 Order of Court—Infraction--Civil Nature -- Waiver, Reduction Suspension
of Penalty-- Restitution.
(1) An order entered after the receipt of a response which does not contest the
determination or after it has been established at a hearing that the infraction was committed, or after a
hearing for the purpose of explaining mitigating circumstances is civil in nature.
(2) The court may include in the order the imposition of any penalty authorized by the
provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive,
reduce, or suspend the monetary penalty prescribed for the infraction.
(3) The court may order a person found to have committed a civil infraction to make
restitution.
5.04.079 Failure to sign-- Failure to satisfy penalty.
(1) It is a misdemeanor for any person who has been personally served with a notice of
criminal citation or a civil infraction, as provided by Spokane County District Court rule, as it
presently exists or as may be hereinafter amended, to refuse to sign a written promise to respond to the
notice.
(2) A person who willfully fails to pay a monetary penalty or to perform community service
as required by a court under this chapter may be found in civil contempt of court as provided for in
chapter 7.21 RCW.
5.04.0791 Person receiving notice--Identification and detention.
(1) A person who is to receive a notice of infraction or a criminal citation under this chapter
or chapter 5.12 of the Spokane County Code or chapters 16.08, 16.52 or 16.54 RCW is required to
identify himself or herself to the Director, Animal Protection Officer, or a sheriff's deputy by giving
his or her name, address, and date of birth and upon request shall produce reasonable identification,
including a driver's license or identicard.
(2) A person who is unable or unwilling to reasonably identify himself or herself to the
Director, Animal Protection Officer, or a sheriff's deputy may be detained for a period of time not
longer than is reasonably necessary to identify the person for purposes of issuing a notice of infraction
or citation.
(3) Willful failure to identify, following a lawful request under this section is a
misdemeanor.
5.04.0792 Failure to Obey Instructions of an Officer
A person is required to stop when requested or signaled to do so by the Director, Animal
Protection Officer, or ef a sheriff's deputy in the enforcement of this chapter or chapter 5.12 of the
Spokane County Code or chapters 16.08, 16.52 or 16.54 RCW. Any person who willfully violates this
section is guilty of a misdemeanor.
5.04.090 Animal Control Director or Animal Protection Officer--Issuance of
Criminal Citation.
The Director or his/her designee shall be specially commissioned by the county sheriff as a
deputy for the purpose of enforcing any provision of this chapter or chapter 5.12 of the Spokane
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County Code or chapters 16.08, 16.52 or 16.54 RCW and shall have the authority to issue infractions,
and criminal citations and make arrests where the Director or his/her designee has information to
support a reasonable belief that the owner, handler, or keeper of the animal is in violation of any
sections constituting a misdemeanor or gross misdemeanor.
5.04.110 Redemption Procedures.
(1) Any dog impounded pursuant to the provisions of this chapter or chapter 5.12 of the
Spokane County Code or chapters 16.08, 16.52 or 16.54 RCW may, subsequent to the satisfaction of
all conditions for release, be redeemed upon payment of any fees and penalties due and owing, any
recoverable expenses incurred by SCRAPS and proof of a current license; and, proof of a current
rabies vaccination or written agreement to present such proof within 30 days. The redemption fee for a
dog shall be twenty-five dollars ($25.00) for each dog plus an additional fee of ten dollars ($10.00) for
each twenty-four-hour period or portion thereof during which such dog is retained by the impounding
agency. Provided, that the redemption fee for a dog redeemed a second or a third time in any twelve-
month period shall be thirty-five dollars ($35.00) and fifty-five dollars ($55.00) respectively, plus an
additional fee of ten dollars ($10.00) for each twenty-four-hour period or portion thereof during which
such dog is retained by the impounding agency. Provided further, the Director or his/her designee for
good cause at his/her discretion may waive and/or reduce the redemption fee.
(2) Any cat impounded pursuant to the provisions of this chapter or chapter 5.12 of the
Spokane County Code or chapters 16.08, 16.52 or 16.54 RCW may, subsequent to the satisfaction of
all conditions for release, be redeemed upon payment of the any fees and penalties due and owing, any
recoverable expenses incurred by SCRAPS and proof of current license and rabies vaccination
presented. The redemption fee for a cat shall be twenty-five dollars ($25.00) for each cat, plus an
additional fee of ten dollars ($10.00) for each twenty-four (24) hour period or portion thereof during
which such cat is retained by the impounding agency. Provided, that the redemption fee for a cat
redeemed a second or third time in any twelve (12) month period shall be thirty-five dollars ($35.00)
and fifty-five dollars ($55.00) respectively; plus an additional fee of ten dollars ($10.00)) for each
twenty-four (24) hour period or portion thereof during which such cat is retained by the impounding
agency. Provided further, the Director or his/her designee for good cause at his/her discretion may
waive and/or reduce the redemption fee.
(3) Recoverable expenses incurred include but are not limited to Trip fees of twenty-five
dollars ($25.00) for a regular response and fifty-dollars ($50.00) for an emergency response; and,
reasonable veterinary expenses incurred by SCRAPS.
(4) All fees and expenses payable under this section shall be made payable to SCRAPS.
5.04.120 Destruction of Vicious and Dangerous Dogs.
(1) The owner or keeper of any dog having vicious propensities as defined in this chapter
may be ordered to turn the dog over to SCRAPS for disposal by means of euthanasia by a judicial
officer of the district court upon the owner's or keeper's conviction of any violation of section
5.04.070(6).
(2) Any dog declared a dangerous dog that has failed to receive a certificate of registration
shall be euthanized as provided for in section 5.04.032(4) and (5).
(3) Any owner or keeper of a dog to be destroyed by means of euthanasia under this
chapter, chapter 5.12 of the County Code, and chapters 16.08, 16.52, and 16.54 RCW has twenty-four
(24) hours from notification to turn the dog over to the SCRAPS shelter for disposal by means of
euthanasia; willful interference with the lawful disposal of a dog pursuant to this section is a
misdemeanor.
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5.04.130 Penalties
(1) The maximum penalty for the violation of any provision of this chapter constituting an
infraction other than section 5.04.030 relating to failure to obtain animal licenses shall be the amount
established under the Infraction Rules for Courts of Limited Jurisdiction section IRLJ 6.2(b) for
unscheduled infractions as it now exists or is hereafter amended for the first infraction and the same
amount plus twenty-five dollars for the second infraction committed within a twelve-month period. In
addition, the court may impose any applicable statutory assessments.
(2) Any person, in addition to any other penalties provided by this chapter, found in violation
of any provisions or any amendments thereto which are designated as misdemeanors shall be punished
by a fine of not more than one thousand dollars or by imprisonment in the county jail for not more than
ninety (90) days or by both such fine and imprisonment; or if designated as a gross misdemeanor shall
be punished by a fine of not more than five thousand dollars ($5,000,00) or by imprisonment in the
county jail for not more than 365 days, or by both such fine and imprisonment.
(3) The penalties for violation of section 5.04.030 other than section 5.04.030(5) shall be two
hundred dollars ($200.00) per violation. Provided, however, the district court judges by local court rule
or general order may allow for a reduction in said sum by way of mitigation or where a license is
obtained or renewed within ten calendar days of the issuance of an infraction.
5.04.131 Violation as constituting a public nuisance.
In addition to the foregoing remedies, the repeat violation of any provisions of this chapter after
official notice of the violation shall constitute a public nuisance and may be abated in any manner
authorized by RCW Chapters 7.48 and 9.66.
5.04.140 Fee Setting Authority.
SCRAPS' is granted the authority to set a schedule of fees not otherwise established reasonably
related to fulfilling its responsibilities under this chapter. This shall be construed consistently with all
local Spokane County district court rules and general orders on the subject involving the failure to
license dogs or cats as set forth in sections 5.04.030 and 5.04.031 hereof. Fee schedules shall be posted
at the SCRAPS shelter and on the SCRAPS Spokane County web site.
5.04.150 Duty When Striking Domestic Animal with Motor Vehicle.
Any person who, while operating a motor vehicle, strikes a domestic animal in Spokane County
shall stop at once, render reasonable assistance, and shall immediately report such injury or death to
the animal's owner. In the event the owner of said animal cannot be ascertained and located, such
person shall at once report the accident to the SCRAPS or other law enforcement agency with authority
in the jurisdiction. This section shall in no way be construed as requiring the person striking the
animal with a motor vehicle to be financially responsible for any injury or death of the animal. A
person who willfully violates this section shall be guilty of a misdemeanor.
5.04.160 Animal Bites to be Reported.
Every animal which bites a person shall be promptly reported to SCRAPS and shall thereupon
be securely quarantined at the direction of SCRAPS for a period of ten days. At the discretion of
SCRAPS, such quarantine may be on the premises of the owner or keeper, at the Spokane County
Animal Shelter, or at the owner's or keeper's option and expense, in a veterinary hospital of the
owner's or keeper's choice. In the cases of animals whose ownership is not known, such quarantine
shall be at the Spokane County Animal Shelter or a veterinary hospital. If the animal is quarantined at
Spokane County Animal Shelter the owner or keeper of the animal shall be charged ten-dollars
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($10.00) for each twenty-four (24) hour period or portion thereof Any owner or keeper of an animal
who knowingly violates this section shall be guilty of a misdemeanor.
5.04.170 Spaying and neutering Services.
(1) Four dollars ($4.00) of every dog and cat license shall be set aside each year to be used
for the purpose of implementing a spaying and neutering program of licensed dogs and cats residing
within the unincorporated areas of Spokane County and any jurisdictions under contract for SCRAPS
services that have adopted this chapter by reference. The Director shall develop and maintain a
spaying and neutering program which shall determine the requirements for eligibility to participate in
the program; and may utilize excess funds for SCRAPS projects/programs/services that are deemed to
benefit the people and animals of the community.
(2) Spaying and neutering of licensed dogs and cats under this section shall be voluntary
with the animal's owner or keeper.
5.04.900 Severability.
If any portion of this chapter is held invalid, it is the intent of the board of county
commissioners that such part shall be deemed severable and the invalidity thereof shall not affect the
remaining parts of this chapter.
5.04.910 Effective Date--Preservation of Existing Cases.
Resolution No 09-1146 shall take effect on January 1, 2010 at 12.01 a.m. All cases filed and offenses
committed prior to the effective date of this resolution are deemed preserved in accordance with
section 10.01.040 RCW, and shall be governed by chapter 5.04 as it existed prior to January 1, 2010.
Revisions to this Code adopted by Resolution No 2010 -1026 shall take effect on January 1, 2011 at
12.01 a.m. All cases filed and offenses committed prior to the effective date of this resolution are
deemed preserved in accordance with section 10.01.040 RCW, and shall be governed by chapter 5.04
as it existed prior to January 1, 2011.
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