– Dogs must be Restrained

(1) Any dog within the City must be continuously kept under restraint. No dog shall be tethered in such a manner as to permit it to enter within 10 feet of any public street, alley, sidewalk, or area open to the public, or to enter upon any neighboring property without the authorization of the occupant of the neighboring property.

(2) Every female dog in heat shall be reasonably restrained in a building or secure enclosure in such a manner that such dog cannot come into contact with another dog except for planned breeding purposes. (Ord. 645, §4, 1996).

8.08.051 – Unrestrained Dogs Subject to Impoundment—Notice of Impoundment.

(1) Any dog not restrained as required under §8.08.041, above, shall be subject to impound by the police chief, his officers, or animal control officer. Upon impound, if the owner or keeper of the dog is known or can be reasonably identified, the impounding officer shall immediately notify the owner or keeper by telephone, mail or in person. The impounding officer shall advise the owner or keeper that the dog has been impounded, and that the dog may be reclaimed by payment of an impoundment fee equal to $10.00 for each day (or partial day) that a licensed dog is impounded, or $50.00 for each day (or partial day) that an unlicensed dog is impounded, plus the cost of any vaccinations or other veterinary treatment deemed reasonable and necessary by the pound master or impounding officer.

Also, if the dog does not have a current-year tag, in addition to the impound fee, the owner or keeper shall be advised that the dog cannot be reclaimed until a current-year tag is secured.

(2) Upon payment of all impound and licensing fees, an impounded dog shall be released to its owner or keeper.

(3) If a dog has not been reclaimed within 120 hours (i.e., 5 days) following notification to the owner or keeper, or within 120 hours after impoundment if the owner or keeper cannot be reasonably identified, the dog shall become the property of the impounding officer and shall be placed for adoption in a suitable home, or shall be turned over to the WSU Veterinary Hospital.

(4) The impound fee and dog license requirement shall be in addition to any fine or penalty which may subsequently be assessed as a result of any violation of this chapter. (Ord. 725,§2, 2003; Ord. 704, §1, 2001; Ord. 708, §1, 2001; Ord. 688, §1, 1999; Ord. 664, §1, 1997; Ord. 645, §5, 1996).

(1) This section shall not apply to any Pit Bull dog which is wholly confined within an enclosed vehicle while traveling through the City on any portion of a State highway; and

(2) This section shall not apply to any Pit Bull dog for which a then-current license was issued on or before August 31, 2010, provided:

(a) The owner of the Pit Bull dog must complete an application for a special, Lifetime License for the dog on or before September 1, 2010. The cost of the lifetime license will be $100.00. The application shall include the applicant’s name and address, four 3 x 5” color photographs of the dog, clearly showing the color and approximate size of the dog, a current rabies vaccination certificate issued by licensed veterinarian or clinic, and proof that the dog has been spayed or neutered, provided, if the dog is pregnant, as a condition of keeping the dog in Tekoa, it must be spayed within 6 weeks following the birth of its pups. The license must at all times be kept on the premises where the dog is kept, and must be produced for inspection by any animal control officer, code enforcement officer, or law enforcement officer at any time upon request.

(b) The dog shall not be sold, bartered, or transferred to any other person with the City of Tekoa.

(c) Any pups born to the dog must be removed from the city within eight weeks following their birth.

(d) The owner of the dog must report in writing to the City Clerk, Code enforcement officer, and animal control officer:

- the death or removal of the dog from the City;

- the birth of pups to the dog; and/or

- if the owner relocates within the City, the new owner’s address, all within ten days following the reported event.

(e) No person shall permit the dog to go outside of a dwelling, or a fully enclosed building, pen, or kennel unless the dog is securely leashed with a leash no longer than four feet in length, and then only if an adult person is in physical control of the leash and the dog is muzzled by a muzzling device sufficient to prevent the dog from biting any person or animal. In no event shall the dog be leashed to an inanimate object such as a tree, post, or building, nor shall it be present in any City Park.

(f) The dog must be securely confined indoors in a dwelling or in a fully enclosed, securely locked pen, kennel, or other structure, except when leashed and muzzled as provided above. If the dog is kept indoors, in a dwelling, it shall not be allowed access to any part of the dwelling from which it can escape (e.g., a porch or enclosed patio), nor shall doors or windows be open in any room accessible by the dog, regardless of whether the open windows are protected by screens. If the dog is kept in a pen, kennel, or other structure, the enclosure must be in place by October 1, 2010. The enclosure must have secure sides and top which prevent the dog’s escape. The enclosure must also have a securely attached to the sides, or the sides must be embedded at least two feet below the ground surface. The enclosure must be constructed and at all times maintained in compliance with any applicable zoning or building codes, and be adequately lighted, ventilated, and maintained in good, clean sanitary condition, free of accumulations of animal waste.

(g) The dog’s owner shall display on a prominent place on the owner’s premises a sign easily readable by the public stating “Beware of Dog.” In addition, a similar sign shall be posted on any kennel, pen, or other structure where the dog is kept. The owner shall provide photographs to the City Clerk on or before August 31, 2010, confirming the placement of the signs.

(h) The dog shall be vaccinated against rabies at least once every three years. Proof of immunization shall be regularly provided to the City Clerk, and the dog must continually wear a current rabies vaccination tag issued for the dog by the licensed veterinarian who administered the vaccination. Failure to have such a tag shall be considered prima facie evidence that the dog has not been vaccinated against rabies, and shall subject the dog to immediate impoundment by the animal control officer or code enforcement officer until the dog has been vaccinated.

(i) If the dog is apprehended running at large, it shall be considered a dangerous or potentially dangerous dog and shall be subject to impoundment as provided in §8.08.071. (Ord. 784,§2, 7/19/2010).

8.08.061 – Dangerous and Potentially Dangerous Dogs Prohibited. No dog meeting the definition of a dangerous or potentially dangerous dog as defined in §8.08.011 (4) and (8), above, shall be kept, harbored, or present at any time within the City of Tekoa. At all times during the pendency of any legal proceeding upon a complaint or citation alleging a violation of this section, the dog in question shall either be removed from the City, or impounded by the City.

The cost of keeping any dog impounded under this section shall be assessed to the owner or keeper of the dog if the dog is adjudged a dangerous or potentially dangerous dog; otherwise the City shall bear the cost. (Ord. 645, §6, 1996).

(1) mal-nourish the dog, or fail to provide reasonable shelter and veterinary car for the dog;

(2) beat, torment, abuse, or otherwise inhumanely treat and care for the dog;

(3) cause the dog to engage in a fight with another dog, animal, or person; or

(4) abandon the dog. (Ord. 645, §9, 1996).

8.08.100 – Stray Animals. Any person who finds any animal required under this chapter upon such person’s premises may immediately capture and deliver such animal to the City of Tekoa, police chief, who shall promptly deliver the animal to the City of Tekoa impoundment facility or the impoundment facility with which the City of Tekoa has contracted pursuant to the provisions of this chapter. No charge shall be made upon the person delivering such animal.

(Ord. 591,§10, 1987).

(Ord. 645, §10, 1996).

(1) A person violating any provision of §8.08.056 shall be fined $250.00 upon the first conviction thereof. A person convicted of a second or subsequent violation of any provision of §8.08.056 shall be fined $500.00 for each such violation. For the purposes of this subsection, a second or subsequent conviction need not involve the same Pit Bull dog as involved in the first (or any other) violation for which the person may be convicted.

(2) Unless otherwise provided in this Chapter, a person convicted of any provision of this Chapter other than §8.08.056 shall immediately forfeit any dog or kennel license then issued to the person, and no further or future dog or kennel license shall be issued to the person.

(3) For the purposes of this section, each day in violation of any part of this Chapter shall be considered a separate violation.

(4) No part of any fine assessed or imposed under the provisions of this Chapter shall be suspended or deterred in any manner. (Ord. 645, §11, 1996; Ord. 784, §3, 2010).

**Compiler’s Note: See §8.04.080 for provisions for reporting vicious dogs. Also, R.C.W. Chapter 16.08 includes provisions regulating dangerous dogs.

CHAPTER 8.12

LITTER CONTROL

Sections:

8.12.010 – Purpose

8.12.020 – Definitions

8.12.030 – Litter in General

8.12.040 – Violations

8.12.050 – Enforcement Officers and Procedures

8.12.060 – Placement of Litter Receptacles

8.12.070 – Use of Receptacles

8.12.080 – Damaging Receptacles

8.12.090 – Removal of Litter

8.12.100 – Mandatory Litter Bags

8.12.110 – Sweeping Litter into Gutter Prohibited

8.12.120 – Throwing, Disturbing Handbills

8.12.130 – Depositing Handbills on Vacant Property

8.12.140 – Litter Thrown by Persons in Vehicle

8.12.150 – Vehicle Loading

8.12.160 – Interpretation

8.12.010 – Purpose. The purpose of this chapter is to accomplish litter control in the City. This chapter is intended to place upon all persons within the City the duty of contributing to the public cleanliness and appearance of the City in order to promote the public health, safety, and welfare and to protect the economic interests of the people of the City against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the health and safety menace and the expense incident to littering. (Ord. 572, §2; undated).

8.12.020 – Definitions. Unless the context clearly indicates otherwise, the terms in this chapter are defined in RCW 70.93.030 (4). (Ord. 572, §3; undated).

8.12.030 – Litter in General. No person, shall throw, drop, deposit, discard or otherwise dispose of litter, as that term is defined in RCW 70.93.030 (4), upon any public place in the City or upon any private property not owned by such person, or in any water within the jurisdiction of the City, whether from a vehicle or otherwise, including without limitation any sidewalk, street, alley, highway, or park, except:

(1) When such property is designated by the State or by any of its agencies or the City for disposal of garbage and refuse, and such person is authorized by the proper public authority to so use such property; or

(2) Into a litter receptacle or other container in such manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said public place or any private property; or

(3) When such person is the owner or does have control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such property, or unless the act is done under the personal direction of said owner or tenant and provided said litter will not cause a public nuisance or be in violation of any other state or local laws, rules, or regulations. (Ord. 572, §4; undated).

(Ord. 572, §6; undated).

(1) Litter receptacles shall be placed in all places in respect to the service of transient habitation, parks, trailer parks, gasoline service stations, tavern parking lots, shopping centers, grocery store parking lots, marinas, boat launching areas, beaches, bathing areas and other such public places in numbers appropriate to need as specified by state regulation.

(1) No vehicle shall be driven or moved on any public street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand and gravel may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway surface in the cleaning or maintaining of such roadway by public authority having jurisdiction for the same or by persons under contract or other authorization by such public authority.

(2) Any person owning or operating a vehicle from which any glass or other objects of its load have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon such public street shall immediately cause such public street to be cleaned of all such glass or other objects and shall pay any cost therefor. (Ord. 572, §16; undated).

8.12.160 – Interpretation. In the event any other City ordinance, whether or not codified, is in conflict with any of the terms of this chapter the more stringent shall be construed as applicable.

(Ord. 572, §18; undated).

CHAPTER 8.16

GARBAGE CONTROL

8.16.010 – Garbage Collection Compulsory

8.16.020 – Definitions

8.16.030 – Accumulation of Refuse

8.16.040 – Dumping, Burning Prohibited

8.16.050 – Garbage Collection – Time

8.16.060 – Separation of Garbage

8.16.070 – Disposal of Swill

8.16.080 – Disposal of Garbage and Other Refuse

8.16.090 – Collection Fee Authorized

8.16.100 – Garbage Franchise Authorized

8.16.110 – Franchise Billing

8.16.115 – Process for Billing by City

8.16.120 – Lien Authorized

(1) Refuse. The term “refuse” shall include garbage, rubbish, ashes, swill and all other putrescible and non-putrescible wastes except sewage, from all public and private establishments and residences.

(2) Garbage. The term “garbage” shall include all putrescible wastes, except sewage and body wastes, including vegetable and animal offal and carcasses of dead animals, but not including recognized industrial by-products to be determined by the City Health Committee and the “Collector of Refuse,” and shall include all such substances from all public and private establishments and from all residences.

(3) Rubbish. The term “rubbish” shall include all non-putrescible wastes, except ashes, from all public and private establishments and from all residences.

(4) Ashes. The term “ashes” shall include all the solid waste products of coal, wood, and other fuels used for heating and cooking from all public and private establishments and from residences.

(5) Person. The term “person” shall mean every person, firm, co-partnership, association or corporation. Words herein used in the present tense shall include the future tense; and in the singular shall include the plural and in the plural shall include the singular; and in the masculine shall include the feminine gender.

(6) Swill. The term “swill” shall mean and include every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking dealing in or storing of meat, fish, fowl, fruit and vegetables, except coffee grounds.

(7) Health Officer. The term “health officer” shall mean the County Health Officer, or his authorized representatives.

(8) Collector of Refuse. The term “collector of refuse” shall mean the company contracting to collect, haul and dispose of refuse. (Ord. 525, §3, 4/5/1976).