Chapter 6.01

6.01.010 Purpose
An order for the purpose of regulating the keeping of animals within the Town of Hamilton. The fees, charges, and penalties collected hereunder shall be budgeted to defray, in whole or part, the expense of such regulations.
6.01.020 Definitions
For the purpose of this title, the following words shall have the following meanings:

“Animal control officer” means the mayor and/or any person(s) designated by, and under the direction and control of, the mayor for the purpose of enforcing this title, or any part thereof, or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, which may include any state or municipal peace officer, sheriff or other employee whose duties in whole or in part include assignments which involve animal control activities. Such animal control officers shall also be considered animal control officers for purposes of Washington State RCW Chapter 16.52 (Prevention of Cruelty to Animals).

Animal shelter” means a facility that is used to house or contain stray, homeless, abandoned or unwanted domestic animals and that is owned, operated or maintained by the Town of Hamilton, or an established humane society, animal welfare society for the prevention of cruelty to animals or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. Animal shelter does not include facilities used to house or contain stray, homeless, abandoned or unwanted domestic animals for profit or kennels.

“At Large” means any animal not confined to the premises of its owner unless restrained by a leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a person over 12 years of age, or which enters upon public property or rights-of-way or upon land of another person without authorization of that person. A dog within an automobile or other vehicle of its owner shall be deemed to be upon the owners’ property.

“Barking Dog” means any dog which by frequent or habitual howling, yelping, or barking annoys or disturbs other persons in the vicinity.

“Dangerous Dog” means any dog that:
(a) Inflicts severe injury on a human without provocation on public or private property
(b) Kills any domestic animal or livestock without provocation while off the owner’s property
(c) Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals, or bites domestic animals
(d) Has been previously declared a dangerous dog in any other county, state or foreign country.

“Domestic Animal” means any tame or domesticated animal that lives and breeds in a tame condition and is retained by a person as a companion. This generally refers to dogs, cats and does not include livestock.

“Harboring” means the occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for a period of 10 days is presumed to be harboring or keeping the animal within the meaning of these articles.

“Kennel” means any place, other than a veterinary hospital, where three or more dogs are kept, or where one or more female dogs are kept for breeding, and the offspring thereof are sold for profit or given away, or where such animals are received for cared and boarding.

“Leash” means a cord, thong or chain by which an animal is controlled by the person accompanying it.

“License”, means the dog license issued by the town under these articles.

“Livestock” means animals not meeting the definition of “domestic animal” kept either in open fields or structures for training, boarding, home use, sales, or breeding and production use or profit; including. but not limited to, horses, mules, donkeys, ponies, cattle, llamas, emus, goats, pygmy goats, sheep, fowl, bees, rabbits, swine, or other animals similar in nature and size; such as on a farm or ranch.

“Miniature pot-bellied pig” and “pot-bellied pig” shall mean a domesticated miniature potbellied or pot-bellied pig not exceeding 180 pounds in weight and 26 inches in height measured at the shoulder.

“Owner or custodian” means any person owning, keeping, having charge of, harboring or feeding any domestic animal or livestock in the town of Hamilton.

“Potentially Dangerous Dog” means

(a) Any dog that when unprovoked, 0r
                    (i) Bites a human on public or private property.
                   (ii)Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent                                  attitude of attack
                   (iii) Bites a domestic animal or livestock, excluding poultry, while off the owner’s property
(b) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals or big game animals.
(c) Any dog that chases or approaches a person upon private property other than the owner’s in a menacing fashion or apparent attitude of attack
(d) Any dog that has been previously declared a potentially dangerous dog in any other county, state or foreign country.

“Public Emergency” means any situation which in the opinion of the mayor or his designee warrants the restraint and confinement of animals within the premises of the owner or custodian.

“Pygmy Goat” shall mean a breed of miniature domestic goat not exceeding 100 pounds in weight and 26 inches in height measured at the shoulder.

“Restraint” means an animal shall be deemed to be under restraint if it is confined within the property limits of the owner or custodian by suitable fence or enclosure or securely restrained within the premises by a leash affixed to a post or other securely fixed object.

“Rooster” means an adult male domestic chicken.

“Service Animal” means a dog that is individually trained to do work or perform tasks for people with disabilities.

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

“Spayed Female” means a female dog which has been sterilized by a licensed veterinarian to avoid or prevent conception. Proof of such sterilization must be evidenced by the certificate of a licensed veterinarian.

“Vicious dog” means any dog which has evidenced characteristics rendering it reasonably apparent to a prudent person that such dog is likely to harm persons or other animals.