6.20.110 Redemption of dogs and other animals.

A. The owner or owner’s agent of any dog or other animal impounded pursuant to Chapters 6.20 or 6.22 of this title may redeem the impounded dog or animal within forty-eight hours, exclusive of Sundays and holidays, after notice of the impoundment is given pursuant to Section 6.20.100 of this chapter. Such redemption shall be effected as provided by either subsection B or subsection C of this section.

B. (1) Except for animals contemplated by subsection (B)(2) of this section, redemption for each dog may be accomplished by payment to the impounding authority of the amount of twenty dollars for the first impoundment of the same dog during any twelve-month period; and the redemption fee shall increase by increments of twenty dollars for each subsequent impoundment of that same dog during that twelve-month period. In addition to the redemption fee provided by this subsection, a person redeeming an unlicensed dog shall also pay for and obtain a current city of Yakima dog license before the dog is redeemed. In addition to the redemption fee, an additional charge of ten dollars per day shall be imposed for the period of time that the impounded dog is kept in the pound after impoundment.

(2) In the case of smaller animals other than dogs not requiring special equipment for transporting the same to the pound, the impounding fee shall be twenty dollars, and a charge of not less than ten dollars per day may be imposed by the impounding authority for the care and feeding of such animals. In the case of larger animals requiring special equipment for transporting the same to the pound (any equipment larger than a pickup or panel delivery truck), the basic impounding fee shall be twenty dollars; and in the event such an impoundment occurs at any time other than between nine a.m. to five p.m. on weekdays, or between ten a.m. and four p.m. on a Saturday, or if the impoundment occurs on a legal holiday, the impoundment fee shall be forty-five dollars. An additional charge of ten dollars per day shall be made for the care and feeding of such animals.

(3) Any payment required by this subsection for the redemption of an impounded dog or other animal may be made with any commercially reasonable tender, including but not limited to cash, money orders or personal checks drawn on local banks, on sufficient identification being made.

C. In the event an owner of an impounded dog or other animal desires to contest the validity of the impoundment, the impounded dog or other animal nevertheless may be redeemed by the execution and delivery to the impoundment authority of a promissory note payable to the city of Yakima in the amount of fifty dollars plus the appropriate impoundment fee, and the simultaneous filing with the impoundment authority of a request for animal impoundment hearing on a form to be provided by the impoundment authority and which shall read substantially as follows:

"IN THE MUNICIPAL COURT FOR THE CITY OF YAKIMA

CITY OF YAKIMA,	]
Plaintiff,	]	NO.________________
v.	]
	]	REQUEST FOR
	]	ANIMAL IMPOUNDMENT
	]	HEARING
______________________	]
(name of owner)	]
Defendant.	]

I,_______ (full name), as owner or owner’s agent of a_______ (dog or animal description/license number) hereby request a hearing to contest its impoundment of ____________ (date) at ________________(place).

Grounds for contesting the validity of the impoundment:

____________________________________________

___________________________________________

I understand that if I fail to appear at the time set for hearing, in accordance with a notice to be given to me by the court, judgment will be entered against me for the amount of my promissory note payable to the City of Yakima, given in connection with this request for hearing, together with additional court costs.

Dated__________________

_______________________________

(signature of owner or agent)

Address ________________________

Telephone number ______________"

The impounding authority shall cause all timely requests for animal impoundment hearing to be filed with the city of Yakima Municipal Court.

D. If an impounded dog or other animal is not redeemed by its owner within the forty-eight hour period following the notice of impoundment, then any person may redeem the dog or other animal by complying with the provisions of subsection (B)(1) of this section; provided, however, that within the discretion of the impounding authority, any such impounded dog or other animal may be humanely destroyed or otherwise disposed of; provided, further, that in the case of any horse, mule, cattle, hog or other stock animals that may be impounded when running at large within the city of Yakima, the impounding authority shall follow the procedure established by the laws of the state of Washington in Title 16 of the Revised Code of Washington relative to the care and sale of estrays.

E. Redemption of Dangerous Dogs. Any dangerous dog, as defined in Section 6.20.160 and which is confiscated pursuant to Section 6.20.160 of this chapter shall be humanely destroyed within forty-eight hours after its notice of confiscation is served or posted pursuant to Section 6.20.100 of this chapter, unless its owner or his agent requests a hearing as provided in this subsection and the dog is ordered released by the court. In the event of a hearing at which the city prevails, the dog shall be humanely destroyed. The person requesting the hearing shall be liable to the city for the sum of twenty dollars confiscation fee and ten dollars for each day such dog is confined by the city. Requests for such hearing shall be filed with the Yakima Municipal Court by the dog owner or his agent with a copy served upon the director of finance and budget or his designee and shall be made on a form which shall read substantially as follows:

"IN THE MUNICIPAL COURT FOR THE CITY OF YAKIMA

IN RE THE	)
CONFISCATION OF A	)	NO.________________
DOG NAMED	)	Request for Dangerous Dog
_______________________	)	Dog Confiscation Hearing

_____________________

owner’s name

I _____________________________, as owner of a

full name

______________________________ request a hearing to

dog’s name and description

contest its confiscation. The dog is currently being held at the city impoundment facility. I understand that if I fail to appear at the time set by the Court for hearing, the City shall humanely destroy the dog.

_______________________________

(Signature of owner or agent)

Address ________________________

Telephone number _______________"

F. Redemption of Pit Bull Dogs. Any pit bull dog confiscated pursuant to Sections 6.18.025 or 6.18.026 of this code where the owner fails to request a hearing as provided in this subsection within forty-eight hours after a notice of confiscation is served or posted pursuant to Section 6.20.100 of this chapter, may be redeemed by any person by complying with the provisions of subsection (B)(1) of this section; provided that pit bull dogs not adopted in a reasonable period of time may be humanely destroyed. At a hearing at which the city prevails, the court may order that the dog be removed from the city by the owner or put up for adoption upon complying with subsection (B)(1) of this section. In any hearing at which the city prevails, if the pit bull dog is to be adopted or redeemed the court shall order that the pit bull be microchipped for future identification (at owner’s expense), that the pit bull dog shall remain outside the city of Yakima and that the person requesting the hearing shall be liable to the city for the sum of twenty dollars confiscation fee and ten dollars for each day such dog is confined by the city. If the person requesting the hearing is unable to redeem the dog as provided in this subsection, including immediate payment of costs as set forth in this subsection, the impounding authority shall have the discretion to put the dog up for adoption or destroy the dog, as provided in subsection D of this section. Requests for such hearing shall be filed with the Yakima Municipal Court by the dog owner or his agent with a copy served upon the director of finance and budget or his designee and shall be made on a form which shall read substantially as follows:

"IN THE MUNICIPAL COURT FOR THE CITY OF YAKIMA

IN RE THE	)
CONFISCATION OF	)	NO.________________
A DOG NAMED	)	Request for Pit Bull Dog
___________________	)	Confiscation Hearing

_____________________

owner’s name

I _____________________________, as owner of a

full name

______________________________ request a hearing to

dog’s name and description

contest its confiscation. The dog is currently being held at the City impoundment facility. I understand that if I fail to appear at the time set by the Court for hearing, the City shall place the dog for adoption.

_______________________________

(Signature of owner or agent)

Address ________________________

Telephone number _______________"

G. Notwithstanding the other provisions of this section, dangerous or potentially dangerous pit bull dogs shall be humanely destroyed after seventy-two hours. In the event of a hearing at which the city prevails, the dog shall be humanely destroyed. The city shall be awarded fees and costs as herein provided.

H. The daily boarding fees set forth in this section as costs to the individual redeeming an impounded dog may be increased from time to time to reflect actual increased cost assessments by the humane society for boarding city animal impounds. (Ord. 2004-31 § 6, 2004: Ord. 98-27 § 4, 1998: Ord. 3035 § 2, 1987; Ord. 2592 §§ 1, 2, 3, 1982; Ord. 2253 § 1, 1979; Ord. 2183 § 1, 1978: Ord. 2112 § 2, 1977: Ord. 1880 § 24, 1975: Ord. 225 § 11, 1961).