Commissioners1/23/2012 - 2/14/2012
BEFORE THE BOARD OF COUNTY COMMISSIONERS
Klickitat County, Washington
IN THE MATTER OF }
AMENDING TITLE 6 “ANIMALS” OF THE }
KLICKITAT COUNTY CODE, CHAPTER 6.04 }
“STOCK RESTRICTED AREAS” BY RESTRICTING } ORDINANCE #O1118Ø8
RANGE AREAS TO “CATTLE ONLY” AND ADDING }
PENALTIES FOR VIOLATION OF THIS CHAPTER }
WHEREAS, the Board of County Commissioners, meeting in regular session, and having before it the need to consider amendments to the Klickitat County Code Title 6, titled ”Animals”, by amending Chapter 6.04 titled “Stock Restricted Areas”; and
WHEREAS, Klickitat County received a number of petitions for changing the status of land under RCW 16.24 and has determined a need to consider restricting “range areas” to apply to “cattle only”; and
WHEREAS, the Klickitat County Code currently carries no penalty for violations of this chapter; and
WHEREAS, legal notification was given in the White Salmon Enterprise and the Goldendale Sentinel and published the weeks of September 8th and September 15th, 2008 and posted on the Klickitat County website under Public Information; and
WHEREAS, a Public Hearing was held on September 23, 2008, at which time all persons present were given an opportunity to speak for or against the proposed amendment and continued to November 18, 2008, to allow consideration of testimony and comments provided; noting the public testimony portion of the hearing was closed during the September 23, 2008 public hearing.
NOW, THEREFORE BE IT ORDAINED by the Board of Klickitat County Commissioners that Klickitat County Code Title 6 titled “Animals” Chapter 6.04 titled “Stock Restricted Areas” be amended by adding the following sections:
6.04.050 – Livestock running at large – Prohibited:
A. In those areas of the county that are presently “range areas,” that is, that are not designated as stock-restricted areas, it is unlawful to permit any livestock other than cattle to run at large.
B. “Livestock” means horses, mules, donkeys, cattle, bison, sheep, goats, swine, llamas, alpacas, and game birds such as ostriches and emus. "Livestock" does not mean free ranging wildlife as defined in Title 77 RCW.
6.04.060 – Violations:
Any person who owns or has possession, charge, or control of livestock, aside from cattle, shall not allow them to run at large. The presence of livestock at large in an unfenced area shall be prima facie evidence of an inadequate and unlawful fence. It shall not be necessary for any person to fence against such animals, and it shall be no defense to any action or proceeding brought pursuant to this chapter.
6.04.070 – Violation-Penalty:
Violation of this chapter, or any portion thereof, may receive an infraction the penalty for which shall be $250.00 per head of livestock per each day of violation, plus costs and restitution. Law enforcement may alternatively charge the owner of the livestock with a misdemeanor punishable by up to 90 days incarceration, a $1,000.00 penalty plus costs and restitution.
6.04.080 – Impoundment:
A. Any livestock, except cattle, of any age running at large or trespassing in violation of 6.04.050 as now or hereafter amended, are declared to be a public nuisance. The county sheriff and the nearest brand inspector shall have authority to impound such animals.
B. Upon taking possession of any livestock at large, except cattle, or any unclaimed livestock, excepting cattle, submitted or impounded, by any person, at any public livestock market or any other facility approved by the director, the sheriff or brand inspector shall cause it to be transported to and impounded at the nearest public livestock market licensed under Chapter 16.65 RCW or at such place as approved by the director. If the sheriff has impounded an animal in accordance with this section, he shall forthwith notify the nearest brand inspector of the department of agriculture, who shall examine the animal and, by brand, tattoo, or other identifying characteristic, shall attempt to ascertain the ownership thereof.
C. The brand inspector shall cause to be published once in a newspaper published in the county where the animal was found, a notice of the impounding.
D. Upon claiming any animal impounded under this chapter, the owner shall pay all costs of transportation, advertising, legal proceedings, and keep of the animal, unless the cost would not be of the type provided under RCW 16.04.100.
E. If no person shall claim the animal within ten days after the date of publication or posting of the notice, it shall be sold at the next succeeding public livestock market sale to be held at the sales yard where impounded, provided that in the sheriff’s discretion, the sheriff’s office may otherwise cause the animal to be sold at public sale.
F. The proceeds of the sale of animals impounded under this chapter, after deducting the costs of sale, shall be placed into an estray fund of the sheriff’s office, and if no valid claim is made within one year from the date of sale, the sheriff shall transfer the proceeds of sale to the sheriff’s office to be used for the enforcement of this chapter.
DATED this 18th day of November, 2008.
This order shall become effective following publication as required by law.
BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS
KLICKITAT COUNTY, WASHINGTON
this 24th day of January, 2012.
/s/ Ray Thayer, Chairman
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