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Washington - Selah

Municipal Code, City of Selah, Title 5 Animals, Chapter 5.07 DANGEROUS DOGS AND PIT BULL DOGS, 5.07.080 Pit bull dogs prohibited.

Last Checked by Web Center Staff: 06/2012
Disclaimer: Due to the overwhelming number of cities and counties across the United States, the Animal Legal & Historical Center's collection reflects only a sample of all animal-related ordinances. Many ordinances are not complete sets and have been edited for a particular topic. If you do not see your city or county listed on the website, please refer to your local government’s website or try searching Municode or American Legal Publishing (http://www.amlegal.com/library/ and http://www.municode.com/Library). Please note that we update ordinances once a year, so the ordinances on this website may not be the most current version.
Statute Details
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Citation: SELAH, WA., MUNICIPAL CODE § 5.01.125, 5.01.127, 5.01.40, 5.01.50, 5.07.080 - 5.07.127 (2004)

Summary:  
In Selah, Washington, it is unlawful to keep, harbor, own, or possess a pit bull dog, with an exception for pit bulls licensed prior to the ordinance. Such dogs are subject to certain requirements regarding confinement, use of an orange collar, leash and muzzle, the posting of"Beware of Dog" signs, and the maintenance of liability insurance. Such dogs must be vaccinated against rabies and be photographed and micro-chipped for identification purposes. An owner who fails to comply may have his pit bull dog confiscated and impounded.  Violations of r constitute a gross misdemeanor, punishable by a fine of up to $5,000 and/or imprisonment of up to one year.


Ordinance Text in Full:

Chapter 5.01  DEFINITIONS

5.01.125  Pit bull dog.

5.01.127  Pit bull terrier.

Chapter 5.07  DANGEROUS DOGS AND PIT BULL DOGS

5.07.040 - Redemption of dogs.

5.07.050 - Notice of impoundment or confiscation.

5.07.080  Pit bull dogs prohibited.

5.07.090  Confiscation and impoundment of pit bull dogs.

5.07.100  Licensed pit bull dogs within the city before the effective date of the amendatory ordinance codified in this chapter.

5.07.110  Penalties.

 

Chapter 5.01  DEFINITIONS


5.01.125  Pit bull dog.

"Pit bull dog" means any dog over the age of six months known by the owner to be a pit bull terrier or readily identifiable as a pit bull terrier.

(Ord. 1620 § 1, 2004.)

5.01.127  Pit bull terrier.

"Pit bull terrier" means any American pit bull terrier, Staffordshire bull terrier, American bulldog or American Staffordshire terrier breed of dog or any mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier, Staffordshire bull terrier, or American Staffordshire terrier so as to be identifiable as partially of the breed American pit bull terrier, Staffordshire bull terrier, or American Staffordshire terrier.

(Ord. 1620 § 2, 2004.)

Chapter 5.07  DANGEROUS DOGS AND PIT BULL DOGS

5.07.040 - Redemption of dogs.

(a) Any dangerous dog which is confiscated pursuant to Section 5.07.030 or Section 5.07.090 shall be humanely destroyed within seventy-two hours after its notice of confiscation is served or posted on the owner or the owner's possessed property, unless the owner or his or her agent requests a hearing as provided in this subsection and the dog is ordered released by the court. Dogs subject to quarantine shall not be destroyed until the period of quarantine has run. In the event of a hearing at which the city prevails, the dog shall be humanely destroyed. The person requesting the hearing shall be liable to the city for the sum of fifteen dollars confiscation fee and three dollars for each day such dog is confined by the city.

(b) Requests for such hearing shall be filed with the Selah Municipal Court by the dog owner or his agent with a copy served upon the city clerk-treasurer or his or her designee and shall be made on a form which shall read substantially as follows:

IN THE MUNICIPAL COURT OF THE CITY OF SELAH

IN RE THE CONFISCATIONNO. ____________

OF A DOG NAMED _____

REQUEST FOR DANGEROUS DOG

CONFISCATION HEARING

(dog's name and description)

(owner's name)

 I, Full Name   , as owner or the owner's agent of a  Dog's name and description request a hearing to contest its confiscation. The dog is currently being held at the City impoundment facility. I understand that if I fail to appear at the time set by the Court for hearing, the dog shall be humanely destroyed by the City.

Signature of owner or agent 

Address

Telephone number

(Ord. 1620 § 3 (part), 2004.)

 

5.07.050 - Notice of impoundment or confiscation.

Upon impoundment of any dog or other animal or the confiscation of a dangerous dog, the impounding authority shall immediately notify the owner in writing. Such written notice shall be served upon the owner or, if the owner is not present, then upon any person of suitable age and discretion residing at the owner's residence. Contained within such written notice shall be a description of the dog or other animal, any license number, the reason for impoundment or confiscation, and the terms upon which such dog or other animal may be redeemed. If the owner of such dog or other animal is unknown, then such written notice shall be posted as soon as possible after confiscation or impoundment in a conspicuous place at the pound and at two other public places in the city.

(Ord. 1620 § 3 (part), 2004.)

5.07.080  Pit bull dogs prohibited.

It is unlawful to keep, or harbor, own, or in any way possess a pit bull dog within the city.

(Ord. 1620 § 3 (part), 2004.)

5.07.090  Confiscation and impoundment of pit bull dogs.

Any pit bull dog within the city shall be immediately confiscated and impounded by an animal control officer and the provisions of Sections 5.07.040 and 5.07.050 regarding impound and a hearing shall apply. No pit bull dog shall be returned to a person claiming ownership of the pit bull dog unless the owner can show compliance with Section 5.07.100(a)(5) concerning confinement in a proper enclosure. If after an impound hearing the pit bull dog is returned to the person claiming ownership, the pit bull dog must be removed from the city within thirty days.

(Ord. 1620 § 3 (part), 2004.)

5.07.100  Licensed pit bull dogs within the city before the effective date of the amendatory ordinance codified in this chapter.

(a)   Section 5.07.080 shall not be applicable to any owners, keepers, or harborers, of pit bull dogs licensed within the city before the amendatory ordinance codified in this chapter. The term "licensed" as used in this section shall mean licensed pursuant to the terms of Selah Municipal Code Chapter 5.02.  Provided, however, that the keeping of such licensed dogs shall be subject to the following standard:

(1)   Sale or Transfer of Ownership Prohibited. No person shall sell, barter, or in any other way dispose of a pit bull dog licensed within the city to any other person within the city unless the recipient person resided permanently in the same household or on the same premises as the licensed owner of such dog; provided, that the owner of a licensed pit bull dog may sell or otherwise dispose a licensed dog or the offspring of such dog to persons who do not reside within the city.

(2)   Animals Born to Licensed Pit Bull Dogs. All offspring born to pit bull dogs licensed within the city shall be removed from the city within eight weeks of birth of such animal.

(3)   Reporting Requirements. All owners, keepers, or harborers of licensed pit bull dogs shall within ten days of the following occurrences, report the following information in writing to the city clerk-treasurer:

(a)   The removal from the city or death of a licensed pit bull dog;

(b)   The birth of offspring of a licensed pit bull dog; and

(c)   The new address of the owner of a licensed pit bull dog should the owner move within the city limits.

(4)   Leash and Muzzle. No person shall permit a licensed pit bull dog to go outside of its kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length. No person shall permit a licensed pit bull dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in physical control the chain, rope or leash. Such dogs shall not be leashed to inanimate objects such as trees, posts, or buildings. In addition, all licensed pit bull dogs on a leash outside the animal's kennel or pen shall be muzzled by a muzzling device sufficient to prevent such dog from biting persons or other animals.

(5)   Confinement. All licensed pit bull dogs shall be securely confined in a securely enclosed and locked pen, kennel or structure, except when leashed and muzzled as provided above. Such pen, kennel, or structure shall have secure sides and a secure top attached to the sides to prevent such animals from escaping. Any pen, kennel, or structure used to confine licensed pit bull dogs shall be locked with a key or combination lock when occupied by animals. Such pen, kennel, or structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two feet. Any pen, kennel or structure erected to house a licensed pit bull dog shall comply with all zoning and building regulations of the city. Any pen, kennel, or structure shall be adequately lighted and ventilated and kept in a clean and sanitary condition.

(6)   Signs and Special Collars. All owners, keepers, or harborers, of licensed pit bull dogs shall within ten days of the effective date of the amendatory ordinance codified in this chapter display in a prominent and conspicuous place on their premises a sign easily readable by the public using the words "Beware of Dog." In addition, a similar sign shall be posted on the kennel or pen of such animal. All licensed pit bull dogs shall be identified by means of a blaze orange collar at least two inches wide.

(7)   Identification Photographs and Micro-Chipping. All owners, keepers, or harborers of licensed pit bull dogs shall provide within ten days of the effective date of the amendatory ordinance codified in this chapter to the city clerk-treasurer two three-by-five inch color photographs of the licensed animal clearly showing the color and approximate size of the animal. The owner or keeper shall within aforementioned ten-day period at his or her own expense have a micro-chip implanted in the animal for future identification purposes.

(8)   Surety Bond and Insurance. All owners, keepers, or harborers of licensed pit bull dogs shall within ten days of the effective date of the amendatory ordinance codified in this chapter present to the city clerk-treasurer proof that the owner has procured insurance a surety bond and insurance in the amounts and type identified Section 5.07.020(2) and (3).

(9)   Vaccination (Immunization) Against Rabies. All owners, keepers, or harborers of licensed pit bull dogs shall within ten days of the effective date of the amendatory ordinance codified in this chapter show proof to the city clerk-treasurer that a licensed pit bull dog has been properly immunized against rabies within the last three years. Failure of any pit bull dog at any time to wear an up to date rabies vaccination tag issued by a licensed veterinarian who administered the vaccine shall be prima facie evidence of the dog's lack of vaccination against rabies and the dog will be subject to immediate confiscation and impound by an animal control officer.

(b)   In the event an owner, keeper, or harborer of a licensed pit bull dog fails to comply with the provisions set forth above in this section within the time permitted under this section, the licensed pit bull dog shall be confiscated, impounded, and processed in accordance with the provisions of Section 5.07.090.

(c)   A pit bull dog within the city prior to the effective date of the amendatory ordinance codified in this chapter that is not licensed under Chapter 5.02 shall be confiscated and impounded in accordance with Section 5.07.090.

(Ord. 1620 § 3 (part), 2004.)

5.07.110  Penalties.

Violation of any of the provisions of this chapter constitutes a gross misdemeanor. Any owner violating the provisions of this chapter shall be upon conviction subject to punishment by a fine of not more than five thousand dollars or imprisonment of not more than one year in jail, or both such fine and imprisonment.

(Ord. 1620 § 3 (part), 2004.)

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