Naches City Zoning Code

6.06.010 Purpose.

Human experience benefits in many ways by the companionship and service of dogs. In order to obtain such benefits, dogs must be kept responsibly by people. When people fail to keep dogs responsibly, the community may be subjected to nuisances and health problems. The purpose of this chapter is to strike a balance between the rights and responsibilities of dog owners and the community at large so that the community can both enjoy the benefits of responsible dog ownership and avoid problems which arise when dogs are not properly cared for.

(Ord. 623 § 2 (part), 2006)

6.06.020 Definitions.

For purposes of this chapter, the following words and phrases shall have the following meanings, unless a different meaning appears from the context:

"Adult dog" means any dog having a set of permanent canine teeth, or older than six months of age.

"Aggressive behavior" means any physical contact between a dog and a person, where a reasonable person feels threatened, that includes, but is not limited to, any of the following: snarling, baring teeth, chasing, growling, snapping, pouncing, or lunging, but not to include a bite or bites.

"Animal" means any dog, cat, exotic, wild or dangerous animal or livestock.

"At large" means, with regard to dogs, being physically present on public property and not under the actual control of a competent person, or being physically present on private premises without permission of the person in control of such premises.

Exceptions. "At large" does not include: (1) dogs being exhibited in dog shows, field trials, obedience training or trials, or the training of dogs therefor; or (2) the use of a dog under the supervision of a person either to hunt wild animals or game birds during the open season therefor, or to chase or tree predatory animals; or (3) the use of a dog either to control or protect livestock or property in other related agricultural activities under the supervision of the dog owner.

"Bite" means to seize with teeth or jaws so as to enter, grip, wound, or pierce, which causes a breaking of the skin, causing an exchange or transfer of saliva.

"Capable person" means any individual having attributes, including physical and mental abilities, sufficient to control an animal and being at least eighteen (18) years of age.

"Dangerous dog" means any dog that, according to the records of an appropriate authority, including but not limited to the records of the Yakima County dog control department, the Yakima County sheriff's office, the town of Naches, or the records of any other municipal, state, or federal law enforcement or public safety department: (1) without provocation has bitten or otherwise inflicted serious physical injury on a human being on public or private property; (2) has injured or killed a domestic animal without provocation while off the dog owner's property; or (3) has aggressively bitten, attacked, or endangered the safety of humans or domestic animals after such dog has been determined by an appropriate authority, including but not limited to any officer of the Yakima County dog control department, to be potentially dangerous, and the owner of such dog has been notified, either orally or in writing, that the dog has been determined to be potentially dangerous.

"Department" means the Yakima County dog control department, under lawful contract with the town of Naches to provide dog control services for said town.

"Hobby kennel" means a facility operated by a person who breeds more than one litter per calendar year or who breeds or raises registered, purebred dogs or specific breeds for the betterment of the breed and the challenge of exhibition. A hobby kennel shall: (1) have no more than three litters per calendar year; or (2) have a maximum of eight adult dogs under the age of eight years of age; (3) not groom, board or train dogs for monetary gain; (4) have a securely fenced area with adequate fencing for separation of dogs; (5) have required tags securely affixed to a substantial collar or harness to be worn by any dog when it is not within the required fenced area; (6) have the option of having the dogs tattooed in lieu of wearing tags. The tattoo shall be duly registered with the town.

"Kennel" means a group of more than six adult dogs at one premises, kept or bred for hunting, sale, exhibition or domestic use.

"Livestock" means cattle, sheep, horses, llamas, buffalo, deer, elk, rabbits, mules, donkeys, goats, swine, fowl, poultry, and any fur-bearing animal bred and maintained commercially or otherwise within pens, fences, cages or hutches.

"Nuisance" means any unlawful act, or failure to perform a duty, which act or failure either annoys, injures, or endangers the comfort, repose, health or safety of other persons, or interferes with other persons' use of their own property. Violations of this chapter shall constitute a public nuisance.

"Owner" means any person or legal entity who knowingly harbors, keeps, possesses or maintains an animal, or who encourages and animal to remain about their property for a period of seventy-two (72) hours or more, or who is the person named on the license/registration record of any animal as the owner. The parent or guardian of an owner under eighteen (18) years of age shall be deemed the owner for the purpose of this chapter.

"Permit" means human contact that is intentional, deliberate, careless, inadvertent, or negligent in relation to any animal owned by the person.

"Person" means any individual, natural person, association, firm, partnership, corporation or other legal entity.

"Physical injury" means impairment of physical condition or substantial pain which is directly caused by a dog's behavior and includes scratches, scrapes, cuts, punctures or other evidence of physical injury.

"Potentially dangerous dog" means any dog which: (1) without provocation: (a) bites or otherwise injures a human person or a domestic animal on either public or private property, or (b) chases or approaches a person upon the streets, alleys, sidewalks, or any public grounds in a menacing fashion or exhibits an apparent attitude of aggression or attack; or (2) any dog which reasonably should be known by its owner to be disposed: (a) to attack or chase or approach persons in a menacing fashion or apparent attitude of aggression or attack without provocation, or (b) to cause injury or otherwise to threaten the safety of humans or domestic animals.

"Premises" means the area of land to which a person has legal or equitable rights of possession, use and control.

"Proper enclosure of a dangerous dog" means, while on the owner'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 shall also provide protection from the elements for the dog.

"Quarantine area" means any area defined by a veterinarian, physician, public health official, or dog control officer where, for a specified period of time, a dog is to be kept separated from other animals or people.

"Serious physical injury" means any physical injury which creates a substantial risk of death or causes permanent loss or protracted impairment of any bodily organ or function or substantial disfigurement.

"Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

"Tag" means a pre-numbered metal or plastic identification license sold to an owner or custodian of a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a license tag.

"Tattoo" means a pre-designed identification number permanently inked into the inside of the ear, lip or flank of the dog.

(Ord. 623 § 2 (part), 2006)

6.06.030 Dog control zone established.

Pursuant to Chapter 16.10 of the Revised Code of Washington, the incorporated areas of the town are declared to be a dog control zone subject to the regulations of this chapter.

(Ord. 623 § 2 (part), 2006)

6.06.040 Powers and duties of Yakima County dog control department as authorized by contract with the town of Naches.

Within the town limits of the town of Naches, the powers and duties of a duly authorized officer of the Yakima County dog control department shall be:

A.

To enforce the provisions of this chapter, and the laws of the state of Washington relating to dogs, and to discharge the duties provided therein;

B.

To maintain or contract for the maintenance of an animal shelter or other place where all animals subject to impoundment may be safely kept and provided with proper and sufficient food and water, or where they may be humanely disposed of where authorized by this chapter;

C.

To collect, according to the provisions of this chapter, any costs, fees or charges for registration, licensing, and impounding or keeping any dog.

(Ord. 623 § 2 (part), 2006)

6.06.050 Abatement of nuisances.

Violations of this chapter are deemed public nuisances. Any person(s) violating any provision of this chapter may be enjoined from continued violations or ordered to abate such public nuisance whether such injunction be in addition to the civil penalties provided as a part of the disposition in a civil prosecution or in an independent action in equity, and said person(s) shall be liable for all costs and expenses of abating the same.

(Ord. 623 § 2 (part), 2006)

6.06.060 Enforcement.

The department shall not be required to enforce provisions of this chapter except upon receipt of a written complaint of a person who has satisfactorily identified himself or herself to the department or to the town and has either supplied the name and address of the dog owner or has supplied reasonable evidence to support the fact that the dog does not have an owner. Enforcement thereafter is a matter within the discretion of the town or department and/or its duly authorized agents.

(Ord. 623 § 2 (part), 2006)

6.06.070 Violation—Penalty.

It is unlawful for any person(s) to violate any provision of this chapter. Any person(s) found in violation thereof shall be guilty, where no penalty is provided by state or county law, of a civil penalty in the amount of two hundred dollars ($200.00). Any violation of this chapter may result in the dog being impounded, and/or destroyed by order of the court.

(Ord. 623 § 2 (part), 2006)

6.06.080 Dog, registration and license required.

All adult dogs kept within the town shall be registered with and licensed by the town at all times. All adult dogs which have been designated dangerous or potentially dangerous by any other appropriate authority shall be registered as such with the town and evidence shall be provided which is in accordance with Section 6.06.110. Any person found guilty of a violation of this section shall be fined one hundred twenty-five dollars ($125.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.090 Registration and license fees and renewal—Exceptions.

A.

The fee for registration and licensing of any dog within the incorporated limits of the town shall be twenty-five dollars ($25.00), and shall be payable upon obtaining a dog, or moving into the town limits of the town of Naches. If the registration and licensing fee is not paid upon obtaining a dog, or moving into Naches with a dog within thirty (30) days of either event, the registration and license fee increases to fifty dollars ($50.00). The registration and license fee is a one-time fee, and remains effective during the existence of the dog. The fee for replacement of dog license tags shall be five dollars ($5.00).

Exception. No license fee shall be charged to an owner who keeps, maintains and uses a dog as a service dog. However, proof of the service dog status must be produced, and all such dogs must still be registered with the town and carry a usual and sequentially numbered tag upon their collars in the event that an unforeseen circumstance could cause separation of such a dog from its owner, and to facilitate reunion of such a service dog to its owner. All dog owners shall ensure that the usual, sequentially numbered tag issued to them by the town shall be, and shall remain, securely fastened to a substantial collar or harness which shall be worn at all times by the dog.

B.

Further, upon registering and licensing a dog with the town, the owner shall provide the following information:

1.

The name, physical and mailing address(es) and telephone number(s) of the legal owner of the dog being registered and licensed;

2.

The name, physical and mailing address(es) and telephone number(s) of the person(s) having custody of the dog if such person is other than the legal owner;

3.

The name, age (or approximate age), breed, color and sex of the dog being registered and licensed, and whether or not the dog has been neutered or spayed;

4.

Distinguishing features, markings, or tattoos of the dog being registered and licensed; and

5.

The address of the premises where the dog shall ordinarily be kept or maintained.

C.

In the event any of the information listed in subsection B of this section changes, the owner shall inform the town of the changes in information within fourteen (14) days of such change.

D.

Licenses shall be obtained on or before March 15, 2007 for those residents owning a dog in Naches as of the date of this chapter. In all other circumstances, licenses shall be obtained within thirty (30) days of obtaining the dog. Persons moving to Naches with dogs must obtain a license within thirty (30) days of the first day those persons reside in Naches.

(Ord. 623 § 2 (part), 2006)

6.06.100 Prohibited dog behaviors.

It is unlawful for any owner to permit any dog to engage in any of the following behavior:

A.

Level 1 behavior: Occurring when any dog is at large;

B.

Level 2 behavior: Occurring when a dog at large menaces, chases, displays threatening behavior, displays aggressive behavior or otherwise threatens or endangers the safety of any person, domestic animal, or livestock;

C.

Level 3 behavior: Occurring when a dog at large causes physical injury to any person, domestic animal, or livestock, but does not include biting;

D.

Level 4 behavior: Occurring when a dog, not at large, bites, or causes physical injury to any person;

E.

Level 5 behavior: Occurring when a dog, while at large, either bites or causes severe injury to any person, or kills any domestic animal or livestock;

F.

Level 6 behavior: Occurring when a dog: (1) whether or not confined, causes the serious physical injury or death of any person, (2) is used as a weapon in the commission of a crime, or (3) which has engaged in Level 5 behavior subsequently engages in Level 6 behavior after that dog's owner has received notice that the dog has exhibited Level 5 behavior.

(Ord. 623 § 2 (part), 2006)

6.06.110 Control of dogs displaying prohibited behaviors.

It is unlawful for any owner to fail to comply with the following provisions applicable to dogs which have engaged in or displayed behaviors described in Section 6.06.100.

A.

Dogs which have exhibited Level 2 behavior shall be physically restrained in a manner that prevents the dog from reaching any public sidewalk, alley, street or adjoining property. Such dogs must be located so as not to interfere with the public's legal access to the dog owner's property. Whenever that dog is off the dog owner's property or premises, it must be on a chain leash under the actual control of a capable person. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of liability insurance was required in Section 6.06.310.

B.

Dogs which have exhibited Level 3 behavior shall be confined within a secure enclosure whenever the dog is not on a chain leash or inside the home of the owner. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's property or premises. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of liability insurance was required in Section 6.06.310.

C.

Dogs which have exhibited Level 4 or Level 5 behavior shall be confined within a secure enclosure whenever the dog is not inside the home of the owner. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's property or premises. In addition, the department may require the animal owner to put up warning signs and obtain and maintain proof of liability insurance was required in Section 6.06.310. The dog owner shall not permit the dog to be off said owner's property or premises unless the dog is muzzled and on a chain leash, and under the actual control of a capable person.

D.

Dogs which have exhibited Level 6 behavior shall be euthanized at the owner's expense.

E.

All potentially dangerous dogs may be required by the department or the town to be micro-chipped at the owner's expense.

(Ord. 623 § 2 (part), 2006)

6.06.120 Dog in estrus at large prohibited.

It is unlawful for any person to permit a female dog in estrus, also known as being in season or in heat, to be accessible to any male dog not owned by the female dog's owner, except by the agreement of the owners of both the male and female dogs for the purpose of controlled breeding for the betterment of the breed. Any person found guilty of a violation of this section shall be fined two hundred twenty-five dollars ($225.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.130 Interference of dog at large with traffic.

Any interference by a dog at large with the normal flow of traffic within the incorporated limits of the town, which interference subsequently causes a traffic accident to occur, shall result in the dog owner being held financially liable for damages and/or injuries sustained by any involved vehicles, persons and/or property.

(Ord. 623 § 2 (part), 2006)

6.06.140 Restraint within quarantine area.

It is unlawful for any person to permit any dog to leave the confines of any quarantine area. Any person found guilty of a violation of this section shall be fined five hundred dollars ($500.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.150 Abuse of dogs prohibited.

It is unlawful for any person to physically abuse any dog or to fail to furnish adequate care, including without limitation to water, food, shelter and medical attention, or to confine a dog with any dangerous dog. Any person found guilty of a violation of this section shall be fined five hundred dollars ($500.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.160 Abandonment of dogs prohibited.

It is unlawful for any person to leave any dog unattended for more than twenty-four (24) hours without adequate care, including without limitation water, food, shelter, sanitation, ventilation, rest and medical attention. Any person found guilty of a violation of this section shall be fined five hundred dollars ($500.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.170 Confinement in motor vehicle prohibited.

It is unlawful for any person to leave any dog confined within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the dog, including without limitation conditions involving dangerous temperature, lack of food, water or attention. Any person found guilty of a violation of this section shall be fined five hundred dollars ($500.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.180 Removal of dog waste.

It is unlawful for the owner or other person with custody of a dog to fail to remove any feces excreted by the dog from any public place not designed to receive dog waste, including without limitation streets, sidewalks, parking strips and public parks, or any private place off the dog owner's premises. Any person found guilty of a violation of this section shall be fined one hundred twenty-five dollars ($125.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.190 Presumption of ownership.

The owner or rightful occupant of any premises is presumed to own any dog kept at that premises, and said owner or occupant shall be deemed responsible for any damages or injuries caused by a dog while said dog is at large.

(Ord. 623 § 2 (part), 2006)

6.06.200 Rabies inoculation required—Exception.

No person may keep any adult dog unless that dog has been inoculated against rabies, unless the dog has, for medical reasons stated in writing by a licensed veterinarian, been specifically exempted from rabies inoculation. Any person found guilty of a violation of this section shall be fined two hundred twenty-five dollars ($225.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.210 Dog bites to be reported.

A.

It is unlawful for any owner in control of premises to keep, harbor or maintain thereon any dog or dogs which individually or together habitually bark, growl, yelp, howl or whine so loudly and for such a duration of time as to unreasonably disturb the peace, quiet, comfort and repose of others within the town of Naches. Any person found guilty of a violation of this section shall be fined one hundred twenty-five dollars ($125.00) for each violation.

B.

It shall be an affirmative defense to subsection A of this section that the howling, yelping, barking or other noise complained of was by a guard dog or watch dog which was responding to intruders, trespassers or other persons entering onto the premises of the dog owner.

(Ord. 623 § 2 (part), 2006)

6.06.220 Receiving and responding to infraction notices.

A.

A person who is to receive a notice of civil infraction or criminal citation under this chapter is required to identify himself or herself to the animal control officer or law enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver's license or identification card.

B.

A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction or criminal citation.

C.

A person who fails to sign a notice of a civil infraction or criminal citation is guilty of a misdemeanor.

D.

Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction or criminal citation is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction or criminal citation.

(Ord. 623 § 2 (part), 2006)

6.06.230 Habitual violators.

Any owner:

A.

Having been convicted of two or more criminal violations of this chapter, whether singularly or in combination within a five-year period; or

B.

Having been found to have committed four or more civil infractions of this chapter, whether singularly or in combination within a five-year period, shall be guilty of a misdemeanor.

(Ord. 623 § 2 (part), 2006)

6.06.240 Barking dogs prohibited.

A.

No person shall keep on any premises a dog which habitually or persistently howls, yelps, barks or makes other noises in such a manner as to deprive a neighboring person or persons of peace and quiet.

B.

It shall be an affirmative defense to subsection A of this section that the howling, yelping, barking or other noise complained of was by a guard dog or watch dog which was responding to intruders, trespassers, or other persons entering onto the premises of the dog owner.

(Ord. 623 § 2 (part), 2006)

6.06.250 Impoundment of dogs.

Dogs found or reasonably believed to be kept in violation of any part of this chapter may be impounded by the department or its officer, or by the town; provided, that if a complaint identifying the dog owner of a dog at large, a barking dog or unlicensed dog is received and the dog owner can be immediately located, said dog shall be left with the dog owner and a summons and notice to appear in regard to the violation maybe issued to said dog owner.

(Ord. 623 § 2 (part), 2006)

6.06.260 Interference with impounding.

It is unlawful for any person to interfere with, hinder, delay or otherwise impede any officer or enforcing official in the enforcement of this chapter as herein provided. Any person found guilty of a violation of this section shall be fined five hundred dollars ($500.00) for each violation.

(Ord. 623 § 2 (part), 2006)

6.06.270 Notice of impoundment.

A.

Within twenty-four (24) hours or by the end of the next business day, whichever is later, after the impounding of any dog, the department or its designee shall mail a written notice to the dog owner of the impoundment of such dog and the terms upon which such dog can be released, and also of the consequence of failure to obtain the release of any dog within any applicable time limits.

B.

If the owner of any impounded dog is unknown, then the department or its designee shall, within the twenty-four (24) hours of impoundment or by the end of the next business day, whichever is later, post at the animal shelter a notice of impoundment describing the dog.

(Ord. 623 § 2 (part), 2006)

6.06.280 Recovery of impounded dog.

A.

A dog wearing a tag issued by the town or a registered tattoo may be recovered within five business days of impoundment. Dogs not wearing a said tag or tattoo may be recovered within three business days of impoundment. Injured or sick dogs shall be exempt from these recovery periods.

B.

Dogs may be recovered only by a person who offers satisfactory proof of ownership or authorization to obtain custody of the dog and who pays all applicable charges incurred for the impoundment, said charges as established by the department or town.

(Ord. 623 § 2 (part), 2006)

6.06.290 Disposition of dogs.

A.

A dog which has not been recovered within the applicable time frame after impoundment as set forth in this chapter may be sold or destroyed.

B.

A dog voluntarily given to the department by the dog owner for the purpose of disposal may be sold or destroyed forthwith without awaiting expiration of a recovery period.

(Ord. 623 § 2 (part), 2006)

6.06.300 Remittance of fees and charges.

Where dogs are impounded in an animal shelter maintained by a private organization under contract with the department or town, the impoundment charge and any additional charges ensuing from the keeping of an impounded dog shall be paid by the dog owner to the animal shelter, if said owner can be identified. The sale price of any impounded dogs sold shall be remitted to the county for deposit in the dog control fund.

(Ord. 623 § 2 (part), 2006)

6.06.310 Dangerous dogs—Registration requirements and fees.

A.

In addition to any other registration and licensing requirements provided in this chapter, it is unlawful for a person to keep any dog which has exhibited Level 2, 3, 4, 5, or 6 behavior as described in Sections 6.06.100 and 6.06.110 in the town of Naches without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work. Any person found in violation of this section shall be fined five hundred dollars ($500.00) for each violation.

B.

The department and the town of Naches shall issue a certificate of registration to the owner of a dangerous dog if the owner presents to the department and the town of Naches sufficient evidence of:

1.

A proper enclosure to confine the dangerous dog and the posting of the premises wherein the dog is held with clearly visible warning signs stating that there is a dangerous dog on the property; and

2.

A surety bond issued by a surety insurer qualified under RCW Chapter 48.28 in a form acceptable to the department and the town of Naches in the sum of at least two hundred fifty thousand dollars ($250,000.00) payable to any person injured by the dangerous dog; or

3.

A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Chapter 48.28 in the amount of at least two hundred fifty thousand dollars ($250,000.00) insuring the owner against liability to any person for injuries inflicted by the dangerous dog.

C.

A fee of one hundred fifty dollars ($150.00) shall be paid to the department by any person seeking to register a dangerous dog.

D.

In every case where the owner of a dangerous dog has received a certificate of registration from Yakima County, the owner must provide a copy of the certificate of registration to the town of Naches within five days of its issuance from the county. The owner must also obtain a certificate of registration from the town of Naches pursuant to this chapter. The town of Naches shall keep a file of such certificates at the town hall. A violation of this subsection is a civil infraction as outlined in Section 6.06.070.

(Ord. 623 § 2 (part), 2006)

6.06.320 Declaring dangerous dog—Procedure to challenge.

The town of Naches shall contract with the Yakima County sheriff's animal control department to work with them to implement this, and any other section where appropriate.

In order for a dog to be declared dangerous, the animal control officer of the county of Yakima shall serve a notice upon the dog owner in person or by regular and certified mail, return receipt requested. The notice shall state:

A.

The statutory basis for the proposed action;

B.

The reasons the animal control officer considers the dog dangerous;

C.

A statement that the dog is subject to registration and controls required by this chapter, and any applicable Yakima County Code sections; and

D.

An explanation of the owner's rights and of the proper procedure for appealing a decision finding the dog dangerous.

Prior to issuing a final determination, animal control shall notify the owner and the town of Naches, in writing, that the owner is entitled to an opportunity to meet with the animal control officer and town of Naches council, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location for the meeting, which must occur prior to expiration of fifteen (15) calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen (15) day time period set forth in this section. The owner must given written notice of the proposed alternative meeting date and time to both the animal control officer and the town of Naches through its clerk. After such meeting, the animal control officer must issue its final determination, in the form of a written order, within fifteen (15) calendar days. In the event the dog is declared dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the animal control officer. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner's last known address. A copy of the order shall be mailed first class to the town of Naches.

The owner may appeal the final determination that the dog is dangerous to the Yakima County district court. The owner must initiate such an appeal by filing with the Yakima County district court a request for appeal of the decision of the animal control officer. Such appeal must be filed within twenty (20) days of receipt of the final determination. Receipt shall be deemed to be three days from the date of mailing. A copy of the appeal must be mailed, first class, to the town of Naches, or personally delivered to the town clerk at town hall. While the appeal is pending, animal control officers may require that the dog be confined at the city animal shelter at the owner's expense, or confined and controlled in accordance with this chapter. Willful failure to comply with the control and confinement provisions while the appeal is pending is a misdemeanor.

(Ord. 623 § 2 (part), 2006)

6.06.330 Dangerous dogs—Crimes.

A.

It is unlawful for an owner to have a dangerous dog within the town of Naches without a certificate of registration in full force and effect issued under Section 6.06.310 of this chapter. A violation of this subsection is a civil infraction as outlined in Section 6.06.070.

B.

It is unlawful for an owner of a dangerous dog that is subject to a valid certificate of registration issued under Section 6.06.310 of this chapter to permit the dog to be outside the proper enclosure, as defined under this chapter unless the dog is muzzled and restrained by a substantial chain or leash not more than six feet in length and under physical restraint of a capable 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. A violation of this subsection is a civil infraction as outlined in Section 6.06.070.

(Ord. 623 § 2 (part), 2006)

6.06.340 Ownership by person under eighteen years of age.

Any person under the age of eighteen (18) years old who owns any dangerous dog as defined in Section 6.06.010 shall be guilty of a misdemeanor.

(Ord. 623 § 2 (part), 2006)