City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 10
Chapter 10.74
Section 10.74.110
 

Title 10 Regulation of Activities

Division V. Code Enforcement and Animal Regulations

Chapter 10.74 Offenses Involving Animals

Section 10.74.110 Enforcement provisions
  1. Revocation of License. A license issued pursuant to this chapter may be revoked by the director for failure of the licensee to comply with any license conditions or any other provisions of this chapter. The director shall in writing, advise the licensee of the specific license condition(s) and/or provisions of the chapter violated, the date that his/her license is to be revoked, and his/her right to appeal the license revocation by filing a written appeal within ten calendar days of receipt of notification from the director. The written appeal shall be submitted in writing to the Spokane County hearing examiner. The written appeal shall specify the reason(s) why his/her license should not be revoked. In the event any person appeals his/her license revocation, all inherently dangerous mammal(s) and/or inherently dangerous reptile(s) shall be impounded under subsection (b) hereinafter until the appeal is concluded with finality. Upon receipt of a written appeal, the Spokane County hearing examiner shall schedule a hearing to consider the appeal. The licensee shall be given at least ten calendar days’ notice of the hearing date before the hearing examiner. The decision of the hearing examiner shall be final and binding, unless within fourteen calendar days of the hearing examiner's written decision, the licensee appeals the hearing examiner said decision to the board of county commissioners. If the hearing examiner's decision is appealed, the board of county commissioners shall consider the appeal on the record of the hearing examiner. The decision of the board of county commissioners shall be in writing and may be appealed to the Spokane County Superior Court within thirty days in the manner provided under the general laws of the state.

If a license is revoked, the owner of the animal(s) which is/are the subject of the license shall transfer ownership of the animal(s) by sale or gift to another person who already is in compliance with this chapter, with the written approval of the director, and provided the other person has or can obtain the license required by this chapter. In the alternative and with the written approval of the director, the animal(s) can be permanently removed from the unincorporated area of Spokane County.

  1. Impoundment—Disposition of Impounded Animals. Any inherently dangerous mammal and/or inherently dangerous reptile which is kept by any person in violation of this chapter may be taken up and impounded by a code enforcement officer, an animal control director, or a law enforcement officer for the protection and health of the animal and/or for the protection of the health, safety and welfare of the public. Cost of take-up, impoundment, care and boarding of the animal will be charged to its owner or harborer regardless of whether the animal is claimed by or returned to said owner or harborer.

The owner or harborer of the animal can reclaim the animal only if the person is in compliance with this chapter and only after all fines and costs have been paid by the owner or harborer. Any other intended disposition of the animal requires the approval of the director.

  1. If no owner or harborer can be located or will claim the animal within five calendar days after impoundment, the director may cause the sale, adoption,  or donation  of the animal. Prior to any sale, adoption, or donation of any animal, the director shall mail written notice to the last known address, if any, of the owner or harborer. If the director is unaware of any last known owner or harborer, the director shall cause to be published once in the county legal newspaper his/her intention to cause the sale, adoption, or donation of such animal unless the same is reclaimed within five days of the first day of publication.
  1. In addition to any other provisions of this chapter regulating the euthanasia of inherently dangerous mammals and/or inherently dangerous reptiles, inherently dangerous mammals and/or inherently dangerous reptiles harbored or owned in violation of this chapter may be subject to euthanasia if any one of the following exigent circumstances is deemed to exist by the director:
  1. The animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; or
  1. The animal suffers from a communicable disease injurious to other animals or human beings, as determined by the Spokane County health officer; provided, that this section shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings.
  1. Notwithstanding any other provisions in Title 10.74 of Spokane Municipal Code, Code, it shall be unlawful to euthanize any animal solely on the basis of lack of capacity at a holding facility, shelter or other animal control facility. 

Date Passed: Monday, September 25, 2023

Effective Date: Monday, September 25, 2023

ORD C36445 Section 4