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As used in this chapter, unless the context indicates otherwise:

“Abandon” means the knowing or reckless desertion of an animal by its owner or the causing of the animal to be deserted by its owner, in any place, without making provisions for the animal’s adequate care. An animal left without adequate care for three or more days shall be prima facie evidence that the animal has been abandoned.

“Animal” includes, but is not limited to, dogs and cats.

“Animal Control Authority” means the joint power authority formed by interlocal agreement of the cities of Richland, Pasco and Kennewick, to implement and provide animal control and sheltering services within the respective cities.

“Animal Control Officer” refers to that person employed by or under contract to the Animal Control Authority to enforce the provisions of this title.

“At heel” means that the dog is positioned and controlled in such a manner so as to remain within a distance of two feet from its owner or other competent person having charge of such dog.

“At large” means off the premises of the owner or upon the public streets, alleys, public grounds, school grounds or parks within the City. A dog shall not be deemed at large if:

(a) It is attached to a leash or chain of sufficient strength to restrain the dog and not more than eight feet in length, when said leash or chain is held by a person competent to restrain and control the dog off the owner’s premises;

(b) It is properly restrained within a motor vehicle or housed in a veterinary hospital;

(c) It is accompanied by and at heel beside the owner or a competent responsible person;

(d) The dog or dogs are left unattended on the owner’s premises, and it or they shall be so confined, tied or restrained as to be unable to range beyond the owner’s premises.

“Cat” means and includes female, spayed female, male and neutered male cats.

“Commercial kennel” means any lot, premises, building or structure where four or more dogs or four or more cats over six months of age are kept.

“Competent person” means any person who, by reason of age, physical ability, and training, is capable of maintaining control of an animal to the extent required by this chapter.

“Dangerous animal” means any animal that (a) has inflicted severe injury on a human being without provocation, (b) has killed a domestic or livestock animal without provocation, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

“Dog” means and includes female, spayed female, male and neutered male dogs. For the purpose hereof, “dog” means a domesticated member of the family canidae, specifically species Canus lupus familiaris, and excludes nondomesticated members of the family canidae and any hybrids thereof, including but not limited to wolves, coyotes, wolf-dog hybrids, and coyote-dog hybrids.

“Domestic animal” means a tame animal in the house or home, or on the property, living with or used by people for companionship, work, and/or a food source.

“Health Officer” includes any person designated as such by the Benton-Franklin district health office, or any other person designated as such by the City Council.

“Livestock” includes, but is not limited to, horses, mules, cattle, sheep, swine, goats and fowl kept or raised on a farm, ranch, or other spread of land, which are raised for home use, profit, or hobby.

“Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal for three consecutive days or more. An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or more and knowingly permitted to remain on the premises occupied by that person. If the owner of the animal is a juvenile, a parent or other custodian of such juvenile shall for the purposes of this chapter be treated as the owner of the animal.

“Person” includes any person, firm, organization, partnership, corporation, trust or association of persons.

“Potentially dangerous animal” means any animal that when unprovoked: (a) inflicts injury on a human or a domestic animal or livestock, or (b) chases or approaches a person upon the streets, sidewalks, any public grounds, or upon private property other than that of the animal’s owner, in a menacing fashion or apparent attitude of attack, or (c) has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

“Poundmaster” means the chief officer appointed by the Animal Control Authority for the enforcement of animal control laws and regulations. The Poundmaster may include or employ Animal Control Officer(s) and/or a Chief Animal Control Officer.

“Proper enclosure” means, while on the owner’s property, a dangerous or potentially dangerous animal shall be securely confined indoors or in an outside enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides not less than five feet high and a secure top, and shall provide protection from the elements for the animal. The requirement for a secure top on the enclosure may be waived by the Poundmaster upon showing that it is unnecessary. This section shall not apply to guard dogs or watchdogs utilized to secure premises enclosed by a fence or wall, not less than five feet high and resistant to tunneling, located within an industrial or commercial zone, and engaged in a commercial business.

“Severe injury” means any physical injury that results in death, broken bones or disfiguring lacerations requiring one or more sutures or cosmetic surgery.

“Veterinary hospital” means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals.

“Welfare check” means tending to the well-being of an animal.

Whenever a type or breed of animal is described in this chapter, it includes any hybrid, crossbreed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal’s appearance, behavior or pedigree.

Whenever a power is granted to, or a duty is imposed upon, the Poundmaster or Chief Animal Control Officer or other public officer, the power may be exercised or the duty performed by an agent of the officer or by any person duly authorized unless this chapter expressly provides otherwise.

All other words and phrases used in this chapter will have their commonly accepted meanings. [Ord. 4512 § 1, 2020; Ord. 4475 § 1, 2019; Ord. 3870, 2008; Ord. 3756 § 1, 2006; Ord. 3723 § 1, 2005; Ord. 3714 § 1, 2005; Ord. 3326 § 1, 1998; Code 1970 § 8.02.010.]