Ordinance 34380006.90000
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ORDINANCE NO. 3438
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS CITY CODE
SECTIONS 5.05.030 AND 5.05.100(C) TO REQUIRE THAT
HENCEFORTH DOGS AND CATS MADE AVAILABLE FOR
ADOPTION FROM THE CITY CONTRACTED ANIMAL
SHELTER SHALL HAVE BEEN SPAYED OR NEUTERED
PRIOR TO ADOPTION, SETTING AN ADOPTION FEE TO
RECOVER THE COSTS ASSOCIATED WITH ANIMAL
CONTROL, VETERINARY SERVICE AND KENNELING OF
DOGS AND CATS, AMENDING CHAPTER 5.05 BY THE
ADDITION OF A NEW SECTION 5.05.127.3 DEFINITIONS, A
NEW SECTION 5.05.127.4 FAILURE TO SPAY OR NEUTER;
PENALTIES, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City Council of Edmonds acknowledges that stray domesticated
dogs and cats are both a nuisance and hazard to the safety of Edmonds residents, and
WHEREAS, the City Council also recognizes that stray unaltered domesticated
dogs and cats are ill equipped to live in the wild and have a tendency to reproduce thus adding
more to the number of animals that must fend for themselves in the wild, and
WHEREAS, the City Council wishes to reduce the safety risk to the residents of
Edmonds and to reduce the expense of the control of said stray domesticated dogs and cats, and
WHEREAS, the City Council desires to better integrate the administration of the
initiatives' intent through the adoption of definitions and rules of construction NOW,
THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 50.05.030 of the Edmonds City Code is ,hereby amended to
read as follows:
5.05.030 . Fees authorized.
A. In addition to the cost of publication of any notice as
required by this Chapter, prior to the release of animals in the
custody of the animal control authority, or its agents, to the
registered owners of said animals, the animal control authority
shall be entitled to charge fees under this chapter as follows:
1. Impound: $20.00
2. Board and room fees $15.00 /day
during the first 72 hours (or the actual cost
of custody: incurred whichever is
greater)
3. All other services: Cost incurred.
B. Prior to the adoption of animals in the custody of the
animal control authority, or its agents, the animal control authority
shall be entitled to charge fees under this section as follows:
Veterinary exam and spay /neuter fees
for male or female canines or felines: $50.00 Deposit
(Refundable as provided in ECC
5.05.1271)
2. Adoption Administration fee: $15.00
(Non - refundable)
B. In addition, the contracted animal shelter provider shall be
entitled to collect a reasonable room and board fee.
Section 2. Section 20.05.127 (C) of the Edmonds City Code is hereby amended
to read as follows:
5.05.127 Impound procedures.
C. Adoption of impounded animals. If an impounded animal
is licensed and known to belong to someone who has been unable
to claim the animal within 72 hours the animal control authority
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may, at its discretion, extend the impound period for up to 10 days
prior to release of the animal for adoption.
Section 3. Edmonds City Code Chapter 5.05 is hereby amended by the addition of
a new Section 5.05.127.3 to read in its entirety as follows:
5.05.127.3 Definitions and integration of initiative
provisions.
ECC Sections 5.05.127.1 and 5.05.127.2 have been adopted
pursuant to a citizens initiative. The initiative's provisions utilize
terms which are not defined and in some cases are different than
terms utilized in these ordinances and/or in the day to day
administration of the City's animal control system.
A. Definitions: When used in ECC 5.05.127.1 and 5.05.127.2,
these terms shall have the following definitions:
1. "Designated shelter" shall mean the location designated by
ordinance or contract for the custody of stray or other animals by
the animal control system of the City and shall include terms such
as "designated kennel." -
2. "Designated veterinarian(s)" shall mean the veterinarian(s),
entity or organization with whom the City has contracted to
perform the services required under this chapter.
3. "Deposit" shall mean that portion of the adoption fee which
is refundable upon proof of spaying/neutering of the adopted
animal. The term does not include administrative fees, fines, or
other charges established by this chapter or other City ordinance.
4. "Agreed upon prevailing industry standards for spay and
neuter services" shall be determined by reference to the rate
established by ordinance or a contract with the designated
veterinarian(s).
B. Integration. The provisions of ECC 5.05.127.1 and
5.05.127.2 have been adopted pursuant to initiative (hereinafter
"initiative provisions"). Initiatives are prohibited by state law from
imposing administrative detail or from exercising powers
delegated specifically to the City Council. In the event of
ambiguity or conflict regarding the provisions of Sections
5.05.127.1 or 5.05.127.2 ECC, the following rules of interpretation
shall apply:
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1. With respect to the interpretation of any term or concept of
the initiative provisions relating to the adoption of dogs or cats
from the City's designated shelter, any ambiguity or conflict
relating to adoption shall be interpreted to require or encourage the
spaying or neutering of dogs or cats adopted from the City's
animal control system.
2. With respect to ambiguities or conflicts between the
initiative provisions and administrative provisions of City Code, or
any contract approved by the City Council, the administrative
provisions of City Code or a contract shall control.
3. With respect to ambiguity or conflict between the initiative.
provisions and any exercise of a power delegated to the legislative
power of the City Council by statute or the Washington State
Constitution, the exercise of the City Council's legislative power
shall control.
4. Any attempt by the initiative provisions, including Section
3 of Ordinance 3435 to exercise a power in excess of powers
available through the initiative process and/or to exercise a power
which is unavailable to the City shall be void and interpreted in a
manner consistent with the scope of initiative powers.
Section 4. The Edmonds City Code Chapter 5.05 is hereby amended by the
addition of a new Section 5.05.127.4 Failure to spay or neuter; penalties. to read as follows:
5.05.127.4 Failure to spay or neuter; penalties.
A. Any person who fails to spay or neuter an animal adopted
from the City's designated shelter shall be guilty of an infraction.
B. Penalties:
1. First infraction: punishable by a fine of $25;.
2. Second infraction: punishable by a fine of $50;
3. Third and subsequent infractions: punishable by a fine of
$100;
4. If an animal is taken up by animal control while running at
large in violation of ECC 5.05.050, the fines established above
shall be double.
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5. All fines set forth herein shall be in addition to any other
fine or deposit forfeiture otherwise provided by City ordinance.
Section 5. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such Severability or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this ordinance.
Section 6. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF H Y 7Y*
BY c .�
APPROVED:
MAYOR Gr HAAKENSON
FILED WITH THE CITY CLERK: 01/03/2003
PASSED BY THE CITY COUNCIL: 01/07/2003
PUBLISHED: 01/12/2003
EFFECTIVE DATE: 01/17/2003
ORDINANCE NO. 3438
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SUMMARY OF ORDINANCE NO. 3438
of the City of Edmonds, Washington
On the 7th day of January, 2003, the City Council of the City of Edmonds, passed
Ordinance No. 3438. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
EDMONDS CITY CODE SECTIONS 5.05.030 AND 5.05.100(C) TO REQUIRE THAT
HENCEFORTH DOGS AND CATS MADE AVAILABLE FOR ADOPTION FROM THE
CITY CONTRACTED ANIMAL SHELTER SHALL HAVE BEEN SPAYED OR NEUTERED
PRIOR TO ADOPTION, SETTING AN ADOPTION FEE TO RECOVER THE COSTS
ASSOCIATED WITH ANIMAL CONTROL, VETERINARY SERVICE AND KENNELING
OF DOGS AND CATS, AMENDING CHAPTER 5.05 BY THE ADDITION OF A NEW
SECTION 5.05.127.3 DEFINITIONS, A NEW SECTION 5.05.127.4 FAILURE TO SPAY OR
NEUTER; PENALTIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of January, 2003.
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH I
S.S.
SUMMARY OF ORDINANCE NO. 3438
of the ity of dmonds. Washington '
On the 7th . of January. 2003, the City Council of the
City of Edmonds. passed Ordinance No. 3438. A
summary of the content of said ordinance, consisting of
the tide, provides as fonows:
The undersigned, being first duly sworn on oath deposes and says that she is
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS CITY
CODE SECTIONS 5.05.030 AND 5.05.100(C) To
REQUIRE THAT HENCEFORTH DOGS AND CATS
Principal Clerk of THE HERALD, a daily newspaper printed and published
MADE AVAILABLE FOR ADOPTION FROM THE
CITY CONTRACTED ANIMAL SHELTER SHALL
HAVE BEEN SPAYED OR NEUTERED PRIOR TO
in the City of Everett, County of Snohomish, and State of Washington; that
ADOPTION, SETTING AN ADOPTION FEE TO
REC
AN MOVER CONTROL, THE COOSTERINASO SIATE CE WITH
AL
said newspaper is a newspaper of general circulation in said County and
KENNELING OF DOGS AND CATS, AMENDING
CHAPTER 5.05 BY THE ADDITION OF A NEW
SECTION 5.05.127.3 DEF�INIT' . A NEW
State; that said newspaper has been approved as a legal newspaper by order
SECTION 5.05.127.4 FAIL -RE -T6 SPAY OR
NEU
THE ANIE EHALLI ECOME EFFECTIVEIM WH N !
of the Superior Court of Snohomish County and that the notice
The full text of this ordinance will be mailed upon
request.
DATED this 8th day of January, 2003.
CITY CLERK, SANDRA S. CHASE
City of Edmonds
Published: January 12, 2003.
Summary of Ordinance No. 3438
a printed copy of which is hereunto attached, was published in said newspaper
proper and not in supplement form, in the regular and entire edition of said
paper on the following days and times, namely:
January 1.2, 2003
and that said newspaper was regularly distributed to its subscribers during
all of said period.
Subscribed and sworn to before me this 13th
day of January, 2003
Notary Public in and for
Everett, Snohomish Cou
RECEIVED
J AN 9 5° 2003
EDMONDS CITY CLERK
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