Ordinance 34510006.90000
WSS /gjz
1/6/03
R:1/17/03
ORDINANCE NO. 3451
p. A
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 5.05 RELATING TO ANIMAL CONTROL,
CONTAINING A SEVERABILITY CLAUSE, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City has adopted Chapter 5.05 in order to regulate the licensing
of pets and problems attendant to the keeping of animals within the City, and
WHEREAS, the State Legislature has amended provisions of state law, changing
and specifying certain provisions of State Statute with which the regulations of the City must
comply, and
WHEREAS, the City Council deems it to be in the public interest to amend these
provisions in order to bring the animal control ordinance of the City into compliance with state
law, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, ' WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds City Code Chapter 5.05 Animal Control is hereby
amended to read as follows:
Chapter 5.05
ANIMAL CONTROL
Sections:
5.05.001 Introduction and purpose.
5.05.002 Penalties — Infraction unless otherwise
designated.
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5.05.010
Definitions.
5.05.020
Dog licensing.
5.05.025
Cat licensing.
5.05.030
Fees authorized.
5.05.040
Animal bites to be reported.
5.05.050
Running at large prohibited.
5.05.060
Dogs on public grounds.
5.05.070
Animal waste.
5.05.080
Confining dogs in season.
5.05.090
Rabies notice.
5.05.095
Notice of "dangerous dog" declaration.
5.05.100
Dangerous dogs — Registration, prohibitions, etc.
5.05.105
Repealed.
5.05.110
Enforcement power.
5.05.115
Nuisances defined.
5.05.120
Nuisance — Notice and order to abate.
5.05.121
Contents of declaration of "dangerous dog"
notice and order — Service thereof.
5.05.122
Appeal — Authority.
5.05.123
Appeal — Form.
5.05.124
Appeal — Procedures.
5.05.125
Failure to abate a nuisance — Penalty.
5.05.126
Impoundment.
5.05.127
Impound procedures.
5.05.127.1
Spay or neuter of owner - surrendered and stray animals
required_
5.05.127.2
Animal benefit fund established.
5.05.127.3
Definitions and integration of initiative provisions.
5.05.127.4
Failure to spay or neuter; penalties.
5.05.128
Cruelty violations declared unlawful.
5.05.128.1
Use of domestic dogs and cats as bait.
5.05.129
Guard dogs.
5.05.130
Covered animal regulations.
5.05.131
Wild animals.
5.05.132
Inherently dangerous animal.
5.05.133
Miscellaneous regulations.
5.05.134
Stay of enforcement.
5.05.135
No duty created.
5.05.140
Repealed.
5.05.141
Additional enforcement.
5.05.142
Severability.
5.05.001 Introduction and purpose.
The purpose of this chapter is to provide for the reasonable
regulation of animals as well as promote the public's health, safety
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and welfare. It is the specific intent of this chapter to place the
responsibility and obligation of complying with its requirements
upon the owners and keepers of animals.
5.05.002 Penalties — Infraction unless otherwise
designated.
Unless otherwise set forth in this chapter, a violation of any
provision of this chapter shall constitute a Class I civil infraction
pursuant to Chapter 7.80 RCW. Issuance and disposition of
infractions issued for violations of this chapter shall be in
accordance with Chapter 7.80 RCW. The penalty for violation of a
provision of this chapter shall be $100.00. The penalty for a second
or subsequent offense in violation of the provision of this chapter
within two years shall be $250.00.
5.05.010 Definitions.
A. "Animal control authority" means the person, association
or corporation, appointed or authorized by the city of Edmonds
and/or the chief of police or his designee to enforce the provisions
of this chapter and all other ordinances of the city pertaining to
animal control.
B. "Animal control officers" means officers employed by the
animal control authority and includes police officers.
C. "At large" means off the premises of the owner and not
under the immediate control of the owner, member of the owner's
immediate family, or person authorized by the owner, by means of
a leash, cord or chain no longer than eight feet.
D. "Covered animal" means hoofed animals usually found on
farms, such as horses, ponies, mules, donkeys, bovine animal,
sheep, goats and/or swine.
E. "Dangerous dog" means any dog that, according to the
records of the animal control authority, has: (1) inflicted severe
injury on a human being without provocation on public or private
property; (2) killed a domestic animal without provocation while
off the owner's property; or (3) 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; provided, however, that an
animal shall not be considered a "dangerous dog" if the threat,
injury, or damage was sustained by a person who, at the time, was
committing a willful trespass or other tort upon the premises
occupied by the owner of the dog, or was tormenting, abusing, or
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assaulting the dog or has, in the past, been observed or reported to
have tormented, abused, or assaulted the dog or was committing or
attempting to commit a crime.
F. "Domestic animal" means any animal that is usually tamed
and bred by humans.
G. "Guard dog" means any member of the dog family which
has been trained or represented as trained to protect persons and/or
property by virtue of exhibiting hostile propensities and
aggressiveness to unauthorized persons.
H. "Inherently dangerous animal" means any live member of
the canidae, felidae, ursidae, and reptilia families, including
hybrids thereof, which, due to its inherent nature, may be
considered dangerous to humans. Inherently dangerous animals
include but are not necessarily limited to:
1. Canidae, meaning and including any member of the
dog family not customarily domesticated by man, or any hybrids
thereof, but not including domestic dogs and wolf hybrids (cross
between a wolf and a domestic dog).
2. Felidae, meaning and including any member of the
cat family not customarily domesticated by man, or any hybrids
thereof, but not including domestic cats.
3. Ursidae, meaning and including any member of the
bear family, or any hybrids thereof.
4. Reptilia, meaning venomous and "devenomized"
reptiles, including but not necessarily limited to all members of the
following families: helodermidae (gila monster), viperidae (pit
vipers), crotalidae (rattlesnakes), atractaspidae (mole vipers),
hydrophiidae (sea snakes), and elapidae (coral snakes and cobras).
5. Colubridae snakes which are rear fanged, including,
but not necessarily limited to dispholidus typus (boomslangs),
thebtornis kirtlandii (African twig or vine snake), and rhabdophis
(keelbacks).
b. Colubridae snakes which reach a length of 10 feet
and over, including but not necessarily limited to green anaconda,
reticulated pythons, Burmese python, albino Indian python, and
African rock python.
7. Crocodilia, meaning and including crocodiles,
alligators and caimans.
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I. "Inhumane treatment" means every act or omission
whereby unnecessary or unjustifiable, physical pain or suffering is
caused or permitted.
J. "Own" means owning, keeping, leasing, possessing or
harboring any animal. "Owner" means any person having an
interest or right of possession to an animal 'or any person having
control, custody or possession of an animal, or by reason of the
animal being seen residing consistently at a location, shall be
presumed to be the owner.
K. "Person" means any person, firm, corporation or
association.
L. "Potentially dangerous dog" means any dog that when
unprovoked: (1) inflicts bites on a human or a domestic animal
either on public or private property; or (2) chases or approaches a
person upon the streets, sidewalks, or any public grounds in a
menacing fashion or apparent attitude of attack, or any dog with a
known propensity, tendency, or disposition to attack unprovoked,
to cause injury or otherwise to threaten the safety of humans or
domestic animals.
M. "Poultry" means domestic fowl normally raised for eggs or
meat, and includes chickens, turkeys, ducks and geese.
N. "Proper enclosure of a dangerous dog" means, while on the
owner's property, a dangerous dog shall be securely confined
indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to
prevent the animal from escaping. Such pen or structure shall have
secure sides and a secure top, and shall also provide protection
from the elements for the dog.
O. "Severe injury" means any physical injury that results in
broken bones or disfiguring lacerations requiring multiple sutures
or cosmetic surgery.
P. "Vicious animal" means any animal other than a
"dangerous dog" or "potentially dangerous dog" that endangers the
safety of any person, or domestic animal by biting or attacking
without provocation.
Q. "Wild animal" means any animal living in its natural state
and native to the United States and not normally domesticated,
raised or bred by humans.
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5.05.020 Dog licensing.
A. License Required. It is unlawful for any person to own any
dog over the age of three months within the city unless the owner
has first procured a license required by this chapter.
B. Dogs Excluded from License Requirements. The licensing
provisions of this section shall not apply to the following dogs:
1. Dogs whose owners are nonresidents temporarily
within the city;
2. Dogs brought into the city for the purpose of
participating in any dog show;
3. Seeing -eye guide and service dogs properly trained
to assist blind or impaired persons, when such dogs are actually
being used by a blind or impaired person, for the purpose of aiding
them from place to place. Blind or impaired persons include but
are not necessarily limited to persons who are blind, deaf, have
limited mobility, or have psychological impairment; or
4. Dogs whose owner maintains them for the sole
purpose of commercial breeding and/or training, hunting, or
boarding, so long as the dogs are restricted within a building or
fenced enclosure intended and designed only for the purpose of
kenneling dogs and are not permitted to run at large.
C. License Tags Issued and Fees. The police department, or
such other person, firm or entity authorized by the city council,
shall issue a dog license upon the payment of a fee as provided for
by this subsection. Upon issuance of a license, a metal tag
corresponding to the number of the application shall be furnished
to the applicant.
1. The applicant shall cause the same to be attached to
the dog. Tags shall not be transferable from one dog to another.
2. The following fees shall be paid for licenses
required under this chapter:
a. For spayed females or neutered males with a
veterinarian certificate or signed affidavit — an annual
license fee of $5.00; provided, that a $3.00 fee shall be
charged to persons over the age of 65;
b. For dogs less than six months but over three
months of age, temporary tags issued — a license fee of
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$5.00. Persons over the age of 65 shall receive a rebate of
$2.00 at the time of relicensing, upon certification by a
veterinarian that the dog has been spayed or neutered;
C. Unspayed females and unneutered males
over six months of age — $18.00;
d. Replacement of metal tag — $1.00.
3. An owner of an animal previously licensed for
which a "permanent" license has been issued under the provisions
of this section as the same existed prior to December 16, 1986,
shall not be required to relicense or renew said license for such
animal.
D. License Issuance — Nonresidents. Licenses shall be issued
to nonresidents of the city of Edmonds who reside in proximity to
the city and who desire to purchase an annual license for their dog
for identification purposes. The annual fee shall be $10.00 per year
per dog. Upon payment of said fee, a tag shall be issued which
shall be consistent with the tags issued annually by the city of
Edmonds for dogs required to be licensed under this chapter. The
dogs permitted to be licensed by this section shall not be eligible
for temporary licenses. Nothing in this chapter shall require the
obtaining of such license nor shall failure to obtain such a license
as provided by this section subject any dog owner to the penalties
provided for in this section; provided further, that nothing in this
section shall be construed to relieve or otherwise excuse the owner
of any dog from complying with all applicable rules and
regulations imposed by any county, city or town having
jurisdiction over the residence where the dog is harbored or
maintained.
E. Fee Due Dates — Penalty.
1. All license fees shall be due and payable on or
before the first business day of January in each year. If the license
fees are not paid on or before March 1 st of each year, the applicant
shall pay the following late fees in addition to the regular fee set
forth in subsection C of this section:
a. Unspayed and unneutered dogs: $18.00;
b. Spayed and neutered dogs: $10.00.
2. Whenever any person shall come into charge, care
or control of any dog, the original license application and fee
therefor shall become due and payable within 30 days of said date,
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and the late fee provided above shall be imposed 60 days after the
date said license fee and application become due and payable.
F. Fee Waiver — Blind and Disabled. Guide and service dogs,
as defined in subsection (B)(3) of this section, certified to assist the
impaired, and service dogs certified to assist the disabled may be
issued a permanent license at no charge upon the request of a blind
or otherwise impaired owner.
G. Enforcement Procedure. All dogs not licensed under this
section, or who do not exhibit the metal identification tag provided
for in subsection C of this section are declared to be public
nuisances and shall be impounded as provided in ECC 5.05.126.
5.05.025 Cat licensing.
A nonmandatory lifetime cat license is available, upon request of
the owner, for purposes of identification. The fee for such license .
shall be $5.00.
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)
C. In addition, the contracted animal shelter provider shall be
entitled to collect a reasonable room and board fee.
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5.05.040 Animal bites to be reported.
Every animal which bites a person shall be promptly reported to
the animal control authority and shall thereupon be securely
quarantined at the direction of the animal control authority for a
period of 10 days. At the discretion of the animal control authority,
such quarantine may be on the premises of the owner, at the shelter
designated as the city's animal shelter or, at the owner's option and
expense, in a veterinary hospital of the owner's choice. When an
animal's owner is unknown, such quarantine shall be at the shelter
designated as a city animal shelter or at a veterinary hospital.
5.05.050 Running at large prohibited.
It shall be unlawful for the owner or person having charge, care,
custody or control of any animal, with the exception of cats, to
allow such animal to run at large during any hours of the day or
night. This section shall not apply to dogs owned by the city or
other law enforcement agencies and maintained as police K -9 units
while under the custody and control of the trainer or keeper.
5.05.060 Dogs on public grounds.
A. It shall be unlawful for an owner to allow any dog to stray
and/or enter with or without a leash or other means of restraint
upon any school ground, playfield, park, beach, waterfront or other
public property.
B. Notwithstanding the restrictions set forth in subsection A of
this section, dogs accompanied by their owners may be walked or
exercised while on leash in the following areas:
1. The Inner Trails of Yost Park, in the area commonly
known as the Shell Valley area; and
2. Marina Beach Park, in the area south of the Union
Oil loading terminal, such area being further described to be a
walking strip of 50 feet in width at the .entrance of and along the
east end of Marina Beach Park South; and
3. The asphalted pathways in Sierra Park; and
4. The inner trails of Pine Ridge Park; and
5. All trails in Maplewood Park; and
6. The southeast wooded area of City Park; and
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7. The turf area of Mathay - Ballinger Park; and
8. The asphalted pathways of Seaview Park.
C. All dogs permitted in the areas designated in subsection B
of this section shall be on a leash except for dogs permitted in
Marina Beach Park South.
D. Nothing herein shall be determined to require the posting of
notices to exclude animals; provided, however, that such postings
may be undertaken at the discretion of the manager of parks and
recreation.
E. The regulations under ECC 5.05.070 relating to animal
waste and the removal and proper disposal of said waste, will be
strictly enforced.
5.05.070 Animal waste.
A. It shall be unlawful for the owner or person having charge
of any animal to permit, either willfully or by failure to exercise
due care, such animal to commit a public nuisance by defecating in
any area of the city other than the premises of the owner or person
having charge or control of the animal, unless said owner or person
having charge takes immediate steps to remove and properly
dispose of said feces.
B. It shall be unlawful for the owner or person having charge
of any animal to take said animal off of the private property of said
person without having in the possession of the owner or person
having charge of the animal, a proper means of disposal for the
feces of the animal.
C. Disposal is defined, for the purposes of this section, as the
removal of feces by means of a bag, scoop or other device and an
eventual disposal in a trash receptacle, by burying or by other
means of lawful disposal.
5.05.080 Confining dogs in season.
The owner or person having charge of any unspayed female dog
shall confine such dog in a building or enclosed area during the
period such dog is in season.
5.05.090 Rabies notice.
A. If an animal is believed to have rabies or has been bitten by
an animal suspected of having rabies, such animal shall be
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confined on the owner's premises and shall be subject to
examination and observation of a veterinarian at the expense of the
owner for a period of 10 days. The owner shall notify the city of
the fact that his animal has been exposed to rabies and the animal
control authority is empowered to have such animal removed from
the owner's premises to a veterinary hospital for observation for a
period of up to 10 days at the owner's expense.
B. It is unlawful for any person knowing or suspecting an
animal has rabies to allow such animal to be taken off the owner's
premises without the written permission of the animal control
authority. Every owner or other person, upon ascertaining an
animal is rabid, shall immediately notify the animal control
authority or a police officer, who shall either remove the animal to
the designated shelter or summarily destroy it.
5.05.115 Nuisances defined.
A. All violations of this chapter are detrimental to the public
health, safety and welfare and are declared to be public nuisances.
B. Nuisances are hereby defined to include:
1. Any animal which chases, runs after or jumps at
vehicles using public streets and alleys;
2. Any animal which habitually snaps, growls, snarls,
jumps upon or otherwise threatens persons lawfully using the
public sidewalks, streets, alleys or other public ways;
3. Any animal which has exhibited vicious
propensities and which constitutes a danger to the safety of persons
or property off his premises or lawfully on his premises;
4. A vicious animal or animal with vicious
propensities which runs at large at any time, or such an animal off
the owner's premises not securely leashed on a line or confined
and in the control of a person of suitable age and discretion to
control or restrain such animal;
5. Any animal which howls, yelps, whines, barks or
makes any noises in such a manner as to disturb any person or
neighborhood to an unreasonable degree;
6. Animals kept, harbored or maintained and known to
have a contagious disease, unless under the treatment of a licensed
veterinarian;
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7. Animals running in packs;
8. Any dog running at large within the city;
9. A female animal, whether licensed or not, while in
season, accessible to other animals for purposes other than
controlled and planned breeding;
10. Any animal which causes damage to property other
than the property of the animal's owner or person having physical
charge and control of the animal; or
11. Any animal maintained in violation of any
provision of this chapter.
C. All nuisances under this chapter shall be abated as provided
in this chapter. In addition, any owner or person having charge of
any animal who fails to abate such nuisance shall be guilty of a
misdemeanor with a maximum penalty of $1,000 fine and/or 90
days in jail.
5.05.120 Nuisance — Notice and order to abate.
A. Notice — When Required. Whenever it shall be stated in
writing by an animal control officer or by three or more persons
having separate residences or regularly employed in any
neighborhood that any animal is a nuisance as defined in EMC
5.05.115, the animal control authority shall serve a notice of
violation and order of abatment upon the owner of the animal
directing that the nuisance be abated.
B. Notice — Final Determination Unless Appealed. The
service of a notice of violation and order of abatement shall, unless
timely appealed, be a final determination that the animal is a
nuisance and such nuisance must be immediately abated.
C. Notice - Contents. The notice of violation and order to
abate a nuisance shall contain:
1. The name and address, if known, of the owner or
person having physical charge and control of the animal if the
identity of the owner cannot be reasonably ascertained;
2. The license number, if available, and description of
the animal;
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3. A statement that the animal control authority has
determined the animal to be a nuisance and a description of the
nuisance activity.
4. A statement that the nuisance activity must be
immediately abated.
5. A statement that service of the notice of violaion
and order of abatement is a final determination unless appealed and
that an appeal must be filed within five (5) days of service of the
noice of violation and order of abatement.
6. A copy of EMC 5.05.123 regarding appeal
procedures.
7. A copy of EMC 5.05.124 regarding disposition of
seized and removed animals.
D. Notice — Service. Service of the Notice of Violation and
Order of Abatement upon the owner of the animal may be made
either by personal service to the owner, by posting such notice at
the residence of the owner or by certified mail to the last known
address of the owner.
E. Appeal. Appeal of Notice of Violation and Order of
Abatement. An appeal of a notice of violation and order of
abatement must be served upon the City of Edmonds Police Chief
within five (5) days of service of the Notice of Violation and Order
of Abatement. Appeals shall be heard by the Judge of the
Edmonds Municipal Court and conducted in accordance with EMC
5.05.123.
F. Penalty. Any person who wilfully fails to comply with an
order to abate a nuisance is a guilty of a misdemeanor
5.05.121 Potentially Dangerous Dogs
A. Declaration. Upon declaration by the animal control
authority that a dog is a potentially dangerous dog as defined in
EMC 5.05.010, the owner shall be served with a potentially
dangerous dog declaration.
B. Declaration — Final Determination. The service of a
potentially dangerous dog declaration shall be a final
determination that the dog is a potentially dangerous dog. No
appeal may be taken from a declaration of potentially dangerous
dog.
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C. Notice — Service. Service of the Potentially Dangerous
Dog Declaration upon the owner of the animal may be made either
by personal service to the owner, by posting such notice at the
residence of the owner or by certified mail to the last known
address of the owner.
5.05.122 Dangerous Dogs
A. Declaration. Upon declaration by the animal control
authority that a dog is a dangerous dog as defined in EMC
5.05.010, the owner shall be served with a dangerous dog
declaration.
B. Declaration — Final Determination Unless Appealed. The
service of a dangerous dog declaration shall, unless timely
appealed, be a final determination that the dog is a dangerous
dog.
C. Notice - Contents of Dangerous Dog Declaration. A
dangerous dog declaration shall contain:
1. The name and address, if known, of the owner of
the animal;
2. The license number, if available, and description of
the animal or dog;
3. A statement that the animal control authority has
found the animal to be a dangerous dog as defined in EMC
5.05.010 and a concise description explaining why the declaration
has been made.
4. A statement that service of the dangerous dog
declaration is a final determination unless appealed and that an
appeal must be filed within five (5) days of service of the
dangerous dog declaration
5 A copy of EMC 5.05.123 regarding appeal
procedures.
6. A copy of EMC 5.05.124 regarding disposition of
seized and removed animals.
D. Notice — Service. Service of the Dangerous Dog
Declaration upon the owner of the animal may be made either by
personal service to the owner, by posting such notice at the
residence of the owner or by certified mail to the last known
address of the owner.
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E. Appeal. An appeal of a dangerous dog declaration must be
served upon the City of Edmonds Police Chief within five (5) days
of service of the dangerous dog declaration. Appeals shall be
heard by the Judge of the Edmonds Municipal Court and
conducted in accordance with EMC 5.05.123.
F. Requirements for Dangerous Dogs. Strict compliance
with each of the following conditions is required to keep a
dangerous dog in the City of Edmonds:
1. In addition to any license required under the
provisions of this chapter, all dog owners who are required to
obtain a "certificate of registration" pursuant to the dangerous dog
provisions of Chapter 16.08 RCW, and must obtain a "City of
Edmonds Dangerous Dog Certificate of Registration." The
applicant shall apply for such certificate upon forms supplied by
the city clerk and pay an annual fee of $100.00, which shall not be
prorated for any part of a year. A copy of a valid "certificate of
registration" issued pursuant to Chapter 16.08 RCW shall be
attached to the application. The "City of Edmonds Dangerous Dog
Certificate of Registration" shall be issued upon completing the
requirements of this section.
2. The owner of dangerous dog shall provide for
proper enclosure of a dangerous dog. A dangerous dog may not
be outside of the dwelling of the owner or outside of a proper
enclosure of a dangerous dog unless muzzled and restrained by a
substantial chain or leash and under the control of a responsible
person . The muzzle shall be made in a manner that will not cause
injury to the dog nor interfere with its vision or respiration but
shall prevent it from biting any person or animal.
3. The owner of a dangerous dog shall secure liability
insurance coverage or a surety bond as required by Chapter 16.08
RCW.
4. The owner of a dangerous dog shall be required to
post the premises with a clearly visible warning sign that there is a
dangerous dog on the property. In addition, the owner shall
conspicuously display a sign with a warning symbol that informs
children of the presence of a dangerous dog.
F. Failure to Comply with Dangerous Dog Requirements.
Any dangerous dog shall be seized and removed by animal control
officer i£
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1. The dog is not validly registered under this chapter
and Chapter 16.08 RCW;
2. The owner does not secure liability insurance
coverage or a surety bond as required by Chapter 16.08 RCW;
3. The dog is not maintained in a proper enclosure; or
4. The dog is outside of the dwelling of the owner or
outside of a proper enclosure and not muzzled and restrained by a
substantial chain or leash and under the control of a responsible
person .
5. The owner has failed to post the property with
warning signs as required.
G. Penalty. Failing to comply with any dangerous dog
requirement is a gross misdemeanor. A dangerous dog seized and
removed in violation of dangerous dog requirements shall not be
released during investigation of or prosecution for failure to
comply with dangerous dog requirements. Any person convicted
of failing to comply with dangerous dog requirements shall make
restitution to the City of Edmonds for all costs incurred in boarding
and disposition of such dog and shall forfeit any interest in such
dog.
H. The provisions of this section shall not apply to dogs used
by law enforcement officials for police work.
5.05.123 Appeal
A. Filing. A notice of appeal, substantially in the form
prescribed, shall be filed with the Edmonds Municipal Court and
the chief of police not more than five (5) business days after
service of the order to abate a nuisance or dangerous dog
declaration. Failure to timely file a notice of appeal shall
constitute a waiver of the right to appeal the determination of the
order to abate a nuisance or declaration of dangerous dog.
B._ Form. An appeal pursuant to this Chapter shall be written
and shall conform substantially to the following requirements:
1. A caption reading: "Appeal of ," giving the
names of all appellants participating in the appeal;
2. A brief statement setting forth ' the legal interest of
each of the appellants involved in the notice and order;
{WSS534657.DOC;1/00006.900000/} -16-
3. A brief statement in concise language of the specific
order or action protested, together with any material facts claimed
to support the contentions of the appellant;
4. A brief statement in concise language of the relief
sought, and the reasons why it is claimed the protested order or
action should be reversed, modified or otherwise set aside;
5. Signatures of all parties' named as appellants, and
their official mailing addresses; and
6. Verification (by declaration under penalty of
perjury) of at least one appellant as to the truth of the matter stated
in the appeal.
C. Scheduling of Hearing. Upon receipt of a timely filed
notice of appeal, a hearing shall be scheduled not more than 60
days from the date of the filing of the notice of appeal. Written
notice of the date of the hearing shall be sent to the appellants at
least 10 days prior to the scheduled hearing date. The failure of the
appellant to appear at the hearing shall result in a denial of the
appeal and upholding of the order to abate a nuisance or
declaration of dangerous dog.
D. Enforcement Stayed During Pendency of Appeal. Unless
otherwise determined by the hearing examiner, enforcement of the
order to abate a nuisance or declaration of dangerous dog shall be
stayed during the pendency of the appeal.
E. Presentation of Evidence. At the appeal hearing, the
hearing examiner shall take evidence relevant to the order to abate
a nuisance or dangerous dog declaration. Testimony may be
provided in the form of a signed written statement pursuant to
RCW 9A.72.085.
F. Decision of the Court. The Judge of the Edmonds
Municipal Court may uphold, dismiss, or modify the order to abate
nuisance or declaration of dangerous dog. A written order shall be
prepared and signed by the Judge. The decision of the Judge of the
Edmonds Municipal Court shall be a final administrative decision
appealable to the Snohomish County Superior Court within 30
days of the final written order.
5.05.124 Disposition of Seized and Removed Animals —
Bond Requirements.
Any owner whose domestic animal is seized and removed pursuant
to EMC 5.05.128 (Animal Cruelty) or EMC 5.05.122 (Violation of
{WSS534657.DOC;1/00006.900000/} -17-
Dangerous Dog Requirements) shall, upon a finding of probable
cause by the Edmonds Municipal Court, be required to post a bond
or security within five (5) days of such probable cause finding in
an amount sufficient to provide for the animal's care for a
minimum of sixty (60) days from the seizure date. Failure to post
such bond or security shall authorize the City of Edmonds or its
agent to euthanize the animal or find a responsible person to adopt
the animal. The City of Edmonds may euthanize severely injured,
diseased, or suffering animals at any time.
5.05.126 Impound.
A. Authority. The animal control authority and its authorized
representatives are authorized to apprehend and impound any
animals in violation of this chapter.
B. Notice of Impound. When any licensed animal is
impounded, the officer or department impounding such animal
shall notify the owner of the impoundment and the reason therefor
by mail, telephone or by leaving written notice at the address
contained in the license application. It shall be the owner's
responsibility to take such measures for redeeming such animal.
Neither the city nor any officer or agent of the city shall be legally
or financially responsible for failing to notify an animal owner
under this chapter.
C. Redemption of Animals by Owner. Unless otherwise
provided in this chapter, the owner of an impounded animal may
redeem the animal at any time prior to the release for adoption or
disposal by the city and shall be entitled to the possession thereof
upon payment of all legal charges and expenses incidental to
impound and keeping of said animal.
D. 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
may, at its discretion, extend the impound period for up to 10 days
prior to release of the animal for adoption.
E. Disposition. Any animal not redeemed or adopted may be
destroyed or otherwise disposed of by the animal control authority.
The mayor is authorized to enter into contracts for disposal with
appropriate agencies, not including vivisectionists.
F. Disposal of Certain Animals. It is lawful for any police
officer or animal control officer to kill any dangerous or vicious
{WSS534657.DOC;1/00006.900000/} -18-
dog or other animal found at large which cannot, in their judgment,
be safely taken up and impounded.
G. Impounding Sick or Injured Animals. When in the
judgment of a licensed veterinarian or the animal control authority,
an animal should be destroyed for humane reasons, such animal
may not be redeemed. The animal control authority or its agents
shall not be held liable for the destruction of said animal.
H. Hindrance to Impounding. No person shall willfully:
1. Prevent or hinder the impounding of any animal
found in violation of this chapter;
2. Remove the animal from the designated shelter
without the authority of the chief of police, the animal control
authority or the officer in charge of the designated shelter;
3. Remove the animal from the designated shelter
without paying all lawful charges against the animal; or
4. Resist or obstruct the animal control authority or its
officers in the performance of its duties.
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
may, at its discretion, extend the impound period for up to 10 days
prior to release of the animal for adoption.
5.05.127.1 Spay or neuter of owner - surrendered and stray
animals required.
A. Stray dogs and cats at least two months of age from the
City's animal control service area that are placed at and retained by
the City designated shelter, and dogs and cats owned by citizens
residing within the City's animal control service area that are
surrendered at the City's designated shelter, shall be spayed or
neutered, and verification of said surgery shall be provided before
animals are adopted.
B. The City's designated veterinarian(s) shall determine if said
animals are appropriate candidates for surgery. Dogs and cats
determined by the City's designated veterinarian to be permanently
{WSS534657.DOC;1 /00006.900000/} -19-
inappropriate candidates for surgery may be adopted without
surgery. Dogs and cats at least two months of age who are
determined to be temporarily inappropriate candidates for surgery,
and dogs and cats under two months of age, may be adopted
without surgery, providing that the City's designated shelter shall
collect and hold in trust for the City of Edmonds a $50.00 deposit
from the adopter. Said deposit shall be returned to the adopter
upon receipt of written verification that the animal has been spayed
or neutered within six months of adoption. If the spay or neuter
surgery is performed by a City designated veterinarian, the basic
surgical costs will be paid by the City as outlined in 5.05.127.2. If
the animal is determined to be a permanently inappropriate
surgical candidate, the surgery will not be required. In such cases
the deposit shall be returned to the adopter, upon written
verification by a veterinarian of the animal's inappropriate surgical
candidacy. Failure to have the animal spayed or neutered within
the specified time period will result in the forfeiture of the deposit
and the deposit shall be placed in the City of Edmonds Animal
Benefit Fund.
5.05.127.2 Animal Benefit Fund established.
A. There is hereby established an Animal Benefit. Fund for the
purpose of financially assisting low- income City of Edmonds
residents in obtaining spay or neuter services for their dogs or cats,
and providing for spay and neuter services for stray dogs and cats
from the City's animal control service area that are placed at and
retained by the City designated shelter, and dogs and cats owned
by citizens residing within the City's animal control service area
that are surrendered at the City designated shelter prior to their
adoption back into the community. Application may be made to
the City of Edmonds Animal Benefit Fund to effectuate this
purpose.
B. The City may grant a Financial Assistance voucher to a
resident in the amount of $30.00 to be applied toward the costs of
obtaining spay or neuter services for an animal by the City's
designated veterinarian(s); PROVIDED, that, except in cases
involving the spay or neuter of owner - surrendered or stray animals
that will be returned to the City's designated animal shelter, proof
of the animal owner's City of Edmonds residency, as well as a
statement of financial need, shall be required as a prerequisite to
receiving said Financial Assistance Voucher.
C. After performing the necessary spay or neuter surgery upon
an animal, the City's designated veterinarian(s) may submit an
invoice to the City of Edmonds requesting reimbursement. The
{WSS534657.DOC;1/00006.900000/} -20-
invoice will be paid at full cost of agreed -upon prevailing industry
standards for spay and neuter services, for stray dogs and cats from
the City's animal control service area that are placed at and
retained by the City designated shelter, and dogs and cats owned
by citizens residing within the City's animal control service area
that are surrendered at the City designated shelter.
D. After performing the necessary spay or neuter surgeries
upon an animal, the City's designated veterinarian(s) may submit
an invoice for $30.00 for the Financial Assistance Voucher. For
the Financial Assistance Voucher, the invoice shall be submitted
with a photocopy of said voucher attached, shall be signed by a
veterinarian, and shall contain the following information:
1. Identification of the animal.
2. Identification of the person requesting the spay or neuter
services for the animal.
3. Identification of the specific type of spay or neuter services
performed.
4. Date of performance of the spay or neuter services.
E. Within 30 days of receiving an invoice for spay or neuter
services performed by the City's designated veterinarian(s) the
City shall provide payment to the designated veterinarian in the
amount of $30.00 per Financial Assistance Voucher or paid at full
cost of agreed upon prevailing industry standards for spay and
neuter services for stray dogs and cats from the City's animal
control service area that are placed at and retained by the City
designated shelter, and dogs and cats owned by citizens residing
within the City's animal control service area that are surrendered at
the City designated shelter. Said amount shall be drawn
exclusively from the City's Animal Benefit Fund.
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:
{WSS534657.DOC;1/00006.900000/} -21-
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:
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
{WSS534657.DOC;1/00006.900000/} -22-
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.
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.
5. All fines set forth herein shall be in addition to any other
fine or deposit forfeiture otherwise provided by City ordinance.
5.05.128 Animal Cruelty.
1. A person is guilty of animal cruelty if the person
knowingly, recklessly, or with criminal negligence inflicts
unnecessary suffering or pain upon an animal.
2. An owner of an animal is guilty of animal cruelty if
the owner knowingly, recklessly, or with criminal negligence:
(a) Fails to provide the animal with necessary food,
water, shelter, rest, sanitation, ventilation, space, or medical
attention and the animal suffers unnecessary or
unjustifiable physical pain as a result of the failure; or
(b) Abandons the animal.
3. Animal cruelty is a misdemeanor.
4. In any prosecution for animal cruelty, it shall be an
affirmative defense, if established by the defendant by a
preponderance of the evidence, that the defendant's failure was due
to economic distress beyond the defendant's control.
{WSS534657.DOC;1/00006.900000/1 -23-
5. If a law enforcement officer or animal control
officer has probable cause to believe that an owner of a domestic
animal has committed animal cruelty, the officer may authorize,
with a warrant, the seizure and removal of the animal to a suitable
place for feeding and care. An animal may be seized and removed
without a warrant only if the animal is in an immediate life -
threatening condition.
6. Upon conviction for animal cruelty, the defendant
shall make restitution'to the City of Edmonds for all veterinary and
kennel expenses incurred by the City.
7. Any animal seized and removed from an owner
pursuant to this section shall not thereafter be released to the owner
during investigation of or prosecution for animal cruelty. Upon
conviction for animal cruelty the owner shall forfeit any interest in
the seized and removed animal.
5.05.128.1 Use of domestic dogs and cats as bait.
Chapter 226, Section 1, Laws of 1990, including all future
amendments, is hereby adopted by reference.
5.05.129 Guard dogs.
Guard dogs shall be kept contained within a building or on a leash
under the control of a person, or enclosed within a solid or chain -
link fence of sufficient height to prevent the dog from reaching
persons off the property. The owner shall restrain the guard dog in
such a manner that the dog is unable to reach those persons using
the normal ingress and egress to and from the property. The owner
shall post signs in two conspicuous places on the property, warning
that a guard dog is on the premises. The owner must indicate at the
time of obtaining a dog license that the dog is a guard dog.
5.05.130 Covered animal regulations.
A. Required Open Space and Minimum Dimensional
Requirements for Pasturing. There shall be not less than 12,000
square feet of open space for maintaining and pasturing the first
covered animal on any parcel of property, and an additional 8,000
square feet shall be required for each additional covered animal. In
addition, the following minimum dimensional requirements for
open space and pasturing purposes shall be provided:
1. The pasture area shall have a minimum width of 80
feet.
{WSS534657.DOC;1 /00006.900000/} -24-
2. The stable housing the covered animal shall be set
back at least 30 feet from any side, rear and front property lines.
3. In the event the covered animal gives birth, thereby
exceeding the number of covered animals allowed by the minimum
set forth in this subsection, the owner of said animals and/or the
occupier of the premises shall conform to the number of said
animals or the dimensional requirements within one year of the
birth of said animals.
B. Fencing. The owner and/or tenant or other occupier of the
premises upon which any covered animal is maintained for more
than seven consecutive days within the city limits shall provide
adequate fencing in a good state of repair to guarantee the
confinement of said animal within said fence, which fence shall
completely enclose an area describing at least the minimum area of
open space and pasturing, including the minimum dimensional
requirements.
C. Waste Disposal. The owner of each covered animal and the
owner and/or occupier of the premises upon which said animal is
maintained within the city limits shall guarantee and, at all times,
maintain the premises upon which the covered animal is
maintained in a sanitary and neat condition, including, but not
limited to, disposal of manure or other waste material from said
animal. An unreasonable accumulation of flies or other insects or
pests within the property on which said animal is maintained,
and /or noxious or offensive odors, or the unreasonable
accumulation of flies, insects or other pests transcending into
neighboring or vicinal real property, shall be presumed to be
inadequate sanitary conditions.
D. Riding on Sidewalks. It is unlawful for any person to ride
or lead a covered animal on any sidewalk within the city limits,
unless otherwise specifically designated by the city's engineer for
such use. No person shall ride or lead two or more covered animals
abreast on any city street.
E. Public Parks, Beaches and/or Playgrounds. Unless
otherwise directed by the director of parks and recreation, it is
unlawful for any person to ride, lead or otherwise permit any
covered animal to be within or on any public park, beach or
playground within the city of Edmonds, whether owned by, leased
or otherwise under the direct supervision of the city, or to ride, lead
or permit any said animal to be within or on the private property of
another, without the consent of the owner of said property;
provided, however, the director of parks and recreation is
{WSS534657.DOC;1/00006.900000/1 -25-
authorized to post a notice or notices of specific areas in any
particular public park, beach or playground within the city of
Edmonds where said= animals may be permitted under such
circumstances as may be required by the director of parks and
recreation. Said notices shall be placed in a conspicuous place or
places at each drive -in or pedestrian access provided by the city to
such public parks, beaches and/or playgrounds. In the event the
director of parks and recreation so determines and posts notices as
provided in this subsection, he shall maintain a list of said parks,
beaches and /or playgrounds, shall file a copy of the same with the
city clerk, and said list shall be open and available for public
inspection at all business hours of the office of the city clerk.
F. Business Area. No person shall leave any covered animal
unattended, whether tethered or untethered within any area of the
city zoned for commercial use by the city zoning code.
G. Areas of Maintenance — Zoning and Related Ordinances.
Areas wherein covered animals may be maintained or pastured
within the city limits are those set forth by the zoning code. In the
event of conflict between any dimensional requirements set forth
in this section and the requirements set forth in the zoning code,
the regulation requiring the greatest open space or other
dimensional requirement shall prevail. In the event any other
provision of Edmonds City Code is in conflict with this section
relative to said animals, the terms of this section shall prevail.
H. Variances. Where there may be structures of less than the
minimum dimensional requirements which existed prior to
September 6, 1977, the owner of the premises may apply to the
planning /zoning departments' hearing examiner for a variance
from the strict requirements of this section.
5.05.131 Wild animals.
No person shall own any wild animal unless he has obtained a
permit from the State Game Department and/or Federal Fish and
Wildlife Service; provided, that the animal control authority may
allow a person to temporarily care for an infant or injured wild
animal native to this area which is homeless while the person
acquires the necessary state and/or federal permits. Any person
who violates this section shall be ,guilty of a misdemeanor,
punishable by up to 90 days in jail and up to a $1,000 fine or both.
{WSS534657.DOC;1/00006.900000/} -26-
5.05.132 Inherently dangerous animal.
It is unlawful for any person to possess or maintain an inherently
dangerous animal within the city of Edmonds. Any person who
violates this section shall be guilty of a misdemeanor, punishable
by up to 90 days in jail and up to a $1,000 fine or both.
5.05.133 Miscellaneous regulations.
A. Duty When Striking Domestic Animal with Motor Vehicle.
Any person who, while operating a motor vehicle, strikes a
domestic animal shall stop at once, render reasonable assistance,
and shall immediately report such injury or death to the animal's
owner. In the event the owner of said animal cannot be ascertained
and located, such person shall at once report the accident to the
animal control authority. This subsection shall in no way be
construed as requiring the person striking the animal with a motor
vehicle to be financially responsible for any injury or death of the
animal.
B. Animal Pens — When Prohibited. Whoever shall keep, use
or maintain, within the city, any pens, stable, lot, place or premises
in which any animal or fowl may be confined, in such manner as to
be nauseous, foul or offensive, or which shall from any cause
become an annoyance to any person, family or community, shall
be deemed to be maintained a nuisance and be subject to the
penalties prescribed in ECC 5.50.020.
C. Slaughtering of Animals. It should be unlawful for any
person to kill or slaughter, within the city, any animal or animals,
the flesh of which is intended to be sold or offered for sale.
5.05.135 No duty created.
Nothing contained in this chapter is intended to be, nor shall be
construed to create or form any special duties or relationships with
specific individuals or otherwise constitute the basis for any
liability on the part of the city or its officers, employees or agents,
for any injury or damage resulting from the failure of any person to
comply with the terms of this chapter, or by reason or in
consequence of any commission with the implementation or
enforcement of this chapter on the part of the city by its officers,
employees, or agents. This chapter has been enacted for the
welfare of the public as a whole, and not for any specific group or
class.
{WSS534657.DOC;1 /00006.900000/1 -27-
5.05.140 Penalties.
Repealed by Ord. 285310, 1991.
5.05.141 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the
director of the animal control authority may seek legal or equitable
relief to enjoin any acts or practices and abate any conditions
which constitute a violation of this code or other regulations herein
adopted.
5.05.142 Severability.
If any section, subsection, clause, phrase or word of this chapter, or
any provision adopted by reference in this chapter is for any reason
held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of the remaining portions of this
chapter.
Section 2. Severability. If any section, subsection, clause, phrase or word of this
chapter, or any provision adopted by reference in this chapter is for any reason held to be invalid
or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the remaining portions of this chapter.
Section 2. 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.
MA R G Y AAAKENSON
tWSS534657.DOC;1 /00006.900000/1 -28-
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF T C Y AT EY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 04/18/2003
PASSED BY THE CITY COUNCIL: 04/22/2003
PUBLISHED: 04/27/2003
EFFECTIVE DATE: 05/02/2003
ORDINANCE NO. 3451
{WSS534657.DOC;1 /00006.900000/} -29-
SUMMARY OF ORDINANCE NO. 3451
of the City of Edmonds, Washington
On the 22"d day of April, 2003, the City Council of the City of Edmonds, passed
Ordinance No. 3451. 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
PROVISIONS OF CHAPTER 5.05 RELATING TO ANIMAL CONTROL, CONTAINING A
SEVERABILITY CLAUSE, AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 23rd day of April, 2003.
J. tocc�
ITY CLERK, SANDRA S. CHASE
{WSS534657.DOC;1/00006.900000/1 -30-
Dispute Resolution Centers
;aching a written resolution agreement. The withdrawal
1 be in writing. No legal penalty, sanction, or restraint
be imposed upon the person. [1984 c 258 § 506.]
Court Improvement Act of 1984— Effective dates—Severability-
I title -1984 c 258: See notes following RCW 3.30.010.
7.75.070 Center may seek and expend funds. A
,ute resolution center established under this chapter may
and accept contributions from counties and municipals-
agencies of the state and federal governments, private
rces, and any other available funds, and may expend the
is to carry out the purposes of this chapter. [1984 c 258
)7.]
Court Improvement Act of 1984— Effective dates—Severability-
_t title -1984 c 258: See notes following RCW 3.30.010.
7.75.080 Statutes of limitations tolled until dispute
olution process concluded. Any applicable statute of
itations shall be tolled as to participants in dispute
)lution at a center established under this chapter during
period which begins with the date of the participants'
: cution of the written agreement required by RCW
5.040(1)(a) and ends on the date that a written agreement
he conclusion of the dispute resolution process is exe-
:d under RCW 7.75.040(1)(b) or a participant's written
ice of withdrawal from the dispute resolution process is
cuted under RCW 7.75.060. [1984 c 258 § 508.1
Court Improvement Act of 1984 — Effective dates—Severability-
rt title -1984 c 258: See notes following RCW 3.30.010.
7.75.090 Application of chapter. Nothing in this
pter precludes any person or persons not operating under
W 7.75.020 from providing dispute resolution services.
wever, the provisions of RCW 7.75.050, relating to
'fidentiality, and RCW 7.75.080, relating to statutes of
itation, apply only to proceedings conducted by a dispute
elution center established under this chapter. [1984 c 258
09.]
Court Improvement Act of 1984 — Effective dates—Severability-
rt title -1984 c 258: See notes following RCW 3.30.010.
7.75.100 Immunity from civil action. (1) Members
the board of directors of a dispute resolution center are
mune from suit in any civil action based upon any
1ceedings or other official acts performed in good faith as
mbers of the board.
(2) Employees and volunteers of a dispute resolution
'ter are immune from suit in any civil action based on any
,ceedings or other official acts performed in their capacity
employees or volunteers, except in cases of wilful or
nton misconduct.
(3) A dispute resolution center is immune from suit in
V civil action based on any of its proceedings or other
Icial acts performed by its employees, volunteers, or
: mbers or its board of directors, except (a) in cases of
Iful or wanton misconduct by its employees or volunteers,
J (b) in cases of official acts performed in bad faith by
: mbers of its board. [1986 c 95 § 2.]
Adopted by Reference
Ordin�ance�# _341-47 on �� -V,04
)2 Ed.)
City Clerk
7.75.060
Chapter 7.80
CIVIL INFRACTIONS
Sections
7.80.005
Legislative finding -1987 c 456.
7.80.010
Jurisdiction of courts.
7.80.020
Issuance of process.
7.80.030
Training of judicial officers.
7.80.040
"Enforcement officer" defined.
7.80.050
Notice of infraction— Issuance, service, filing.
7.80.060
Person receiving notice — Identification and detention.
7.80.070
Notice — Determination final unless contested —Form.
7.80.080
Response to notice -- Contesting determination— Mitigating
circumstances — Hearing — Failure to respond or appear.
7.80.090
Hearings —Rules of procedure -- Counsel.
7.80.100
Hearings -- Contesting determination that infraction commit-
ted— Appeal.
7.80.110
Hearings— Explanation of mitigating circumstances.
7.80.120
Monetary penalties— Restitution.
7.80.130
Order of court—Civil nature — Modification of penalty —
Community restitution.
7.80.140
Costs and attorney fees.
7.80.150
Notices— Record of--- Cancellation prohibited, penalty—
Audit.
7.80.160
Notice, failure to sign, nonappearance -- Failure to satisfy
penalty.
7.80.900
Decriminalization of certain municipal ordinances.
7.80.901
Effective date -1987 c 456 §§ 9 -31.
7.80.005 Legislative. finding -1987 c 456. The
legislature finds that many minor offenses that are estab-
lished as misdemeanors are obsolete or can be more appro-
priately punished by the imposition of civil fines. The
legislature finds that some misdemeanors should be decrimi-
nalized to allow resources of the legal system, such as judg-
es, prosecutors, juries, and jails, to be used to punish serious
criminal behavior, since acts characterized as criminal
behavior have a tremendous fiscal impact on the legal
system.
The establishment of a system of civil infractions is a
more expeditious and less expensive method of disposing of
minor offenses and will decrease the cost and workload of
the courts of limited jurisdiction. [1987 c 456 § 6.1
7.80.010 Jurisdiction of courts. (1) All violations of
state law, local law, ordinance, regulation, or resolution
designated as civil infractions may be heard and determined
by a district court, except as otherwise provided in this
section.
(2) Any municipal court has the authority to hear and
determine pursuant to this chapter civil infractions that are
established by municipal ordinance and that are committed
within the jurisdiction of the municipality.
(3) Any city or town with a municipal court under
chapter 3.50 RCW may contract with the county to have
civil infractions that are established by city or town ordi-
nance and that are committed within the city or town
adjudicated by a district court.
(4) District court commissioners have the authority to
hear and determine civil infractions pursuant to this chapter.
(5) Nothing in this chapter prevents any city, town, or
county from hearing and determining civil infractions
pursuant to its own system established by ordinance. [1987
c 456 § 9.1
[Title 7 RCW —page 71.7
7.80.020 Title 7 RCW: Special Proceedings and Actions
7.80.020 Issuance of process. Notwithstanding any
other provision of law governing service of process in civil
cases, a court of limited jurisdiction having jurisdiction over
an alleged civil infraction may issue process anywhere
within the state. [1987 c 456 § 10.]
7.80.030 Training of judicial officers. All judges
and court commissioners adjudicating civil infractions shall
complete such training requirements as are promulgated by
the supreme court. [1987 c 456 § 11.]
7.80.040 "Enforcement officer" deemed. As used in
this chapter, "enforcement officer" means a person autho-
rized to enforce the provisions of the title or ordinance in
which the civil infraction is established. [1987 c 456 § 12.]
7.80.050 Notice of infraction — Issuance, service,
filing. (1) A civil infraction proceeding is initiated by the
issuance, service, and filing of a notice of civil infraction.
(2) A notice of civil infraction may be issued by an
enforcement officer when the civil infraction occurs in the
officer's presence.
(3) A court may issue a notice of civil infraction if an
enforcement officer files with the court a written statement
that the civil infraction was committed in the officer's
presence or that the officer has reasonable cause to believe
that a civil infraction was committed.
(4) Service of a notice of civil infraction issued under
subsection (2) or (3) of this section shall be as provided by
court rule. Until such a rule is adopted; service shall be as
provided in *MR 2.2(c)(1) and (3), as applicable.
(5) A notice of infraction shall be filed with a court
having jurisdiction within forty -eight hours of issuance,
excluding Saturdays, Sundays, and holidays. A notice of
infraction not filed within the time limits prescribed in this
section may be dismissed without prejudice. [1987 c 456 §
13.]
*Reviser's note: The Justice Court Traffic Infraction Rules (JTIR)
were replaced by the Infraction Rules for Courts of Limited Jurisdiction
(IRLJ), effective. September 1, 1992.
7.80.060 Person receiving notice — Identification and
detention. A person who is to receive a notice of civil
infraction under RCW 7.80.050 is required to identify
himself or herself to the enforcement officer by giving his or
her name, address, and date of birth. Upon the request of
the officer, the person shall produce reasonable identifica-
tion, including a driver's license or identicard.
A person who is unable or unwilling to reasonably
identify himself or herself to an enforcement officer may be
detained for a period of time not longer than is reasonably
necessary to identify the person for purposes of issuing a
civil infraction.
Each agency authorized to issue civil infractions shall
adopt rules on identification and detention of persons
committing civil infractions. [1987 c 456 § 14.]
7.80.070 Notice — Determination final unless contest-
ed —Form. (1) A notice of civil infraction represents a
determination that a civil infraction has been committed.
The determination is final unless contested as provided in
this chapter.
(2) The form for the notice of civil infraction shall be
prescribed by rule of the supreme court and shall include the
following:
(a) A statement that the notice represents a determina-
tion that a civil infraction has been committed by the person
named in the notice and that the determination is final unless
contested as provided in this chapter;
(b) A statement that a civil infraction is a noncriminal
offense for which imprisonment may not be imposed as a
sanction;
(c) A statement of the specific civil infraction for which
the notice was issued;
(d) A statement of the monetary penalty established for
the civil infraction;
(e) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(f) A statement that at any hearing to contest the
determination the state has the burden of proving, by a
preponderance of the evidence, that the civil infraction was
committed and that the person may subpoena witnesses
including the enforcement officer who issued the notice of
civil infraction;
(g) A statement that at any hearing requested for the
purpose of explaining mitigating circumstances surrounding
the commission of the civil infraction, the person will be
deemed to have committed the civil infraction and may not
subpoena witnesses;
(h) A statement that the person must respond to the
notice as provided in this chapter within fifteen days;
(i) A statement that failure to respond to the notice or
a failure to appear at a hearing requested for the purpose of
contesting the determination or for the purpose of explaining
mitigating circumstances will result in a default judgment
against the person in the amount of the penalty and that this
failure may be referred to the prosecuting attorney for
criminal prosecution for failure to respond or appear;
0) A statement, which the person shall sign, that the
person promises to respond to the notice of civil infraction
in one of the ways provided in this chapter;
. (k) A statement that failure to respond to a notice of
civil infraction as promised or to appear at a requested
hearing is a misdemeanor and may be punished by a fine or
imprisonment in jail. [1987 c 456 § 15.]
7.80.080 Response to notice -- Contesting determina-
tion— Mitigating circumstances— Hearing — Failure to
respond or appear. (1) Any person who receives a notice
of civil infraction shall respond to such notice as provided in
this section within fifteen days of the date of the notice.
(2) If the person determined to have committed the civil
infraction does not contest the determination, the person shall
respond by completing the appropriate portion of the notice
of civil infraction and submitting it, either by mail or in
person, to the court specified on the notice. A check or
money order in the amount of the penalty prescribed for the
civil infraction must be submitted with the response. The
clerk of a court may accept cash in payment for an infrac-
tion. When a response which does not contest the determi-
[Title 7 RCW —page 72]
(2002 Ed.)
Civil Infractions
lion is received, an appropriate order shall be entered in
court's records.
(3) If the person determined to have committed the civil
fraction wishes to contest the determination, the person
all respond by completing the portion of the notice of civil
fraction requesting a bearing and submitting it, either by
ail or in person, to the court specified on the notice. The
urt shall notify the person in writing of the time, place,
d date of the hearing, and that date shall not be earlier
an seven days nor more than ninety days from the date of
notice of hearing, except by agreement.
(4) If the person determined to have committed the civil
fraction does not contest the determination but wishes to
.plain mitigating circumstances surrounding the infraction,
e person shall respond by completing the portion of the
Mice of civil infraction requesting a hearing for that pur-
,se and submitting it, either by mail or in person, to the
.urt specified on the notice. The court shall notify the
arson in writing of the time, place, and date of the hearing,
.d that date shall not be earlier than seven days nor more
an ninety days from the date of the notice of hearing-,
:cept by agreement.
(5) The court shall enter a default judgment assessing
e monetary penalty prescribed for the civil infraction and
ay notify the prosecuting attorney of the failure to respond
the notice of civil infraction or to appear at a requested
aring if any person issued a notice of civil infraction: .
(a) Fails to respond to the notice of civil infraction as
ovided in subsection (2) of this section; or.
(b) Fails to appear at a hearing requested pursuant to
bsection (3) or (4) of this section. [1987 c 456 § 16.]
7.80.090 Hearings —Rules of procedure — Counsel.
Procedures for the conduct of all hearings provided in
is chapter may be established by rule of the supreme court.
(2) Any person subject to proceedings under this chapter
ay be represented by counsel.
(3) The attorney representing the state, county, city, or
wn may appear in any proceedings under this chapter but
sed not appear, notwithstanding any statute or rule of court
the contrary. [1987 c 456 § 17.]
7.80.100 Hearings— Contesting determination that
fraction committed — Appeal. (1) A hearing held for the
irpose of contesting the determination that a civil infraction
is been committed shall be without a jury and shall be
corded in the manner provided for in courts of limited
risdiction.
(2) The court may consider the notice of civil infraction
id any other written report made under oath submitted by
e enforcement officer who issued the notice or whose
ritten statement was the basis for the issuance of the notice
lieu of the officer's personal appearance at the hearing.
he person named in the notice may request the court for
nuance of subpoena of witnesses, including the enforcement
ficer who issued the notice, and has the right to present
lidence and examine witnesses present in court.
(3) The burden of proof is upon the state to establish the
)mmission of the civil infraction by a preponderance of the
lidence.
7.80.080
(4) After consideration of the. evidence and argument,
the court shall determine whether the civil infraction was
committed. Where it has not been established that the civil
infraction was committed, an order dismissing the notice
shall be entered in the court's records. Where it has been
established that the civil infraction was committed, an
appropriate order shall be entered in the court's records.
(5) An appeal from the court's determination or order
shall be to the superior court in the manner provided by the
Rules for Appeal of Decisions of Courts of Limited Jurisdic-
tion. The decision of the superior court is subject only.to
discretionary review pursuant to the Rules of Appellate
Procedure. [1987 c 456 § 18.]
7.80.110 Hearings— Explanation of mitigating
circumstances. (1) A hearing held for the purpose of
allowing a person to explain mitigating circumstances
surrounding the commission of a civil infraction shall be an
informal proceeding. The person may not subpoena witness-
es. The determination that a civil infraction has been
committed may not be contested at a hearing held for the
purpose of explaining mitigating circumstances.
(2) After the court has heard the explanation of the
circumstances surrounding the commission of the civil
infraction, an appropriate order shall be entered in the
court's records.
(3) There is no appeal from the court's determination or
order. [1987 c 456 § 19.]
7.80.120 Monetary penalties— Restitution. (1) A
person found to have committed a civil infraction shall be
assessed a monetary penalty.
(a) The maximum penalty and the default amount for a
class 1 civil infraction shall be two hundred fifty dollars, not
including statutory assessments, except for an infraction of
state law involving tobacco products as specified in RCW
70.93.060(4), in which case the maximum penalty and
default amount is five hundred dollars;
(b) The maximum penalty and the default amount for a
class 2 civil infraction shall be one hundred twenty -five
dollars, not including statutory assessments;
(c) The maximum penalty and the default amount for a
class 3 civil infraction shall be fifty dollars, not including
statutory assessments; and
(d) The maximum penalty and the default amount for a
class 4 civil infraction shall.be twenty -five dollars, not
including statutory assessments.
(2) The supreme court shall prescribe by rule the
conditions under which local courts may exercise discretion
in assessing fines for civil infractions.
(3) Whenever a monetary penalty is imposed by a court
under this chapter it is immediately payable. If the person
is unable to pay at that time the court may grant an exten-
sion of the period in which the penalty may be paid. If the
penalty is not paid on or before the time established for
payment, the court may proceed to collect the penalty in the
same manner as other civil judgments and may notify the
prosecuting authority of the failure to pay.
(4) The court may also order a person found to have
committed a civil infraction to make restitution. [1997 c 159
§ 2; 1987 c 456 § 20.1
)02 Ed.) [Title 7 RCW —page 731
is
i Jr
°7:130.130 Title 7 RCW: Special Proceedings and Actions
7.80.130 Order of court —Civil nature —
Modification of penalty— Community restitution. (1) An
order entered after the receipt of a response which does not
contest the determination, or after it has been established at
a hearing that the civil infraction was committed, or after a
hearing for the purpose of explaining mitigating circum-
stances is civil in nature.
(2) The court may waive, reduce, or suspend the
monetary penalty prescribed for the civil infraction. If the
court determines that a person has insufficient funds to pay
the monetary penalty, the court may order performance of a
number of hours of community restitution in lieu of a
monetary penalty, at the rate of the then state minimum
wage per hour. [2002 c 175 § l; 1987 c 456 § 21.]
Effective date -2002 c 175: "This act takes effect July 1, 2002."
[2002 c 175 § 53.]
7.80.140 Costs and attorney fees. Each party to a
civil infraction case is responsible for costs incurred by that
party, but the court may assess witness fees against a
nonprevailing respondent. Attorney fees may be awarded to
either party in a civil infraction case. [1987 c 456 § 22.]
7.80.150 Notices — Record of— Cancellation prohib-
ited, penalty— Audit. Every law enforcement agency in
this state or other agency authorized to issue notices of civil
infractions shall provide in appropriate form notices of civil
infractions which shall be issued in books with notices in
quadruplicate and meeting the requirements of this section.
The chief administrative officer of every such agency
shall be responsible for the issuance of such books and shall
maintain a record of every such book and each notice
contained therein issued to individual members or employees
of the agency and shall require and retain a receipt for every
book so issued.
Every law enforcement officer or other person upon
issuing a notice of civil infraction to an alleged perpetrator
of a civil infraction under the laws of this state or of any
ordinance of any city or town shall deposit the original or a
copy of such notice of civil infraction with a court having
competent jurisdiction over the civil infraction, as provided
in RCW 7.80.050.
Upon the deposit of the original or a copy of such
notice of civil infraction with a court having competent
jurisdiction over the civil infraction, the original or copy may
be disposed of only as provided in this chapter.
It is official misconduct for any law enforcement officer
or other officer or public employee to dispose of a notice of
civil infraction or copies thereof or of the record of the
issuance of the same in a manner other than as required in
this section.
The chief administrative officer of every law enforce-
ment agency or other agency authorized to issue notices of
civil infractions shall require the return to him or her of a
copy of every notice issued by a person under his or her
supervision to an alleged perpetrator of a civil infraction
under any law or ordinance and of all copies of every notice
which has been spoiled or upon which any entry has been
made and not issued to an alleged perpetrator.
Such chief administrative officer shall also maintain or
cause to be maintained in connection with every notice
issued by a person under his or her supervision a record of
the disposition of the charge by the court in which the
original or copy of the notice was deposited.
Any person who cancels or solicits the cancellation of
any notice of civil infraction, in any manner other than as
provided in this section, is guilty of a misdemeanor.
Every record of notices required in this section shall be
audited monthly by the appropriate fiscal officer of the
government agency to which the law enforcement agency or
other agency authorized to issue notices of civil infractions
is responsible. [1987 c 456 § 23.]
7.80.160 Notice, failure to sign, nonappearance —
Failure to satisfy penalty. (1) A person who fails to sign
a notice of civil infraction is guilty of a misdemeanor.
(2) Any person willfully violating his or her written and
signed promise to appear in court or his or her written and
signed promise to respond to a notice of civil infraction is
guilty of a misdemeanor regardless of the disposition of the
notice of civil infraction. A written promise to appear in
court or a written promise to respond to a notice of civil
infraction may be complied with by an appearance by
counsel.
(3) A person who willfully fails to pay a monetary
penalty or to perform community restitution as required by
a court under this chapter may be found in contempt of court
as provided in chapter 7.21 RCW. [2002 c 175 § 2; 1989 c
373 § 12; 1987 c 456 § 24.]
Effective date -2002 c 175: See note following RCW 7.80.130.
Severability -1989 c 373: See RCW 7.21.900.
7.80.900 Decriminalization of certain municipal
ordinances. Any municipal criminal ordinance in existence
on the January 1, 1989, which is the same as or substantially
similar to a statute which is decriminalized by sections 25
through 30 and 32, chapter 456, Laws of 1987 is deemed to
be civil in nature and shall be punished as provided in this
chapter. [1987 c 456 § 31.]
7.80.901 Effective date -1987 c 456 §§ 9 -31.
Sections 9 through 31 of this act shall take effect January 1,
1989. [1987 c 456 § 34.]
Chapter 7.84
NATURAL RESOURCE INFRACTIONS
Sections
7.84.010
Legislative declaration.
7.84.020
"Infraction" defined.
7.84.030
Notice of infraction— Issuance, service, filing — Penalty.
7.84.040
Jurisdiction of court — Venue.
7.84.050
Notice — Determination final unless contested —Form.
7.84.060
Response to notice— Contesting determination— Mitigating
circumstances — Hearing — Failure to respond or ap-
pear— Penalty.
7.84.070
Hearing —Rules of procedure — Counsel.
7.84.080
Hearing — Contesting determination that infraction commit-
ted— Appeal.
7.84.090
Hearing — Explanation of mitigating circumstances.
7.84.100
Monetary penalties.
7.84.110
Order of court —Civil nature — Modification of penalty —
Community restitution.
7.84.120
Issuance of process.
[Title 7 RCW —page 741 (2002 Ed.)
Trespass of Animals — General
ted b Reference V 'wildlife.
If c Ado
p Y (either the
stat Ordinance # 3115 / on 4-.u-0.3 the owner
of t 'o damage
cau City Clerk : restricted
are, -.asonable
opportunity to repair me rence. i ne state snap pay all costs
of transportation, advertising, legal proceedings, and keep of
an animal that has been restrained pursuant to RCW
16.04.010. Claims filed under this section shall be processed
according to the procedures under chapter 4.92 RCW. [1994
c 263 § 3.]
16.08.010 Liability for injury to stock by dogs. The
owner or keeper of any dog shall be liable to the owner of
any animal killed or injured by such dog for the amount of
damages sustained and costs of collection, to be recovered
in a civil action. [1985 c 415 § 14; 1929 c 198 § 5; RRS §
3106. Prior: 1919 c 6 § 5; RCS § 3106.1
16.08.020 Dogs injuring stock may be killed. It
shall be lawful for any person who shall see any dog or dogs
chasing, biting, injuring or killing any sheep, swine or other
domestic animal, including poultry, belonging to such
person, on any real property owned or leased by, or under
the control of, such person, or on any public highway, to kill
such dog or dogs, and it shall be the duty of the owner or
keeper of any dog or dogs so found chasing, biting or
injuring any domestic animal, including poultry, upon being
notified of that fact by the owner of such domestic animals
or poultry, to thereafter keep such dog or dogs in leash or
confined upon the premises of the owner or keeper thereof,
and in case any such owner or keeper of a dog or dogs shall
fail or neglect to comply with the provisions of this section,
it shall be lawful for the owner of such domestic animals or
poultry to kill such dog or dogs found running at large.
[1929 c 198 § 6; RRS § 3107. Prior: 1919 c 6 § 6; 1917
c 161 § 6; RCS § 3107.]
16.08.030 Marauding dog —Duty of owner to kill.
It shall be the duty of any person owning or keeping any
16.04.100
dog or dogs which shall be found killing any domestic
animal to kill such dog or dogs within forty-eight hours after
being notified of that fact, and any person failing or neglect-
ing to comply with the provisions of this section shall be
deemed guilty of a misdemeanor, and it shall be the duty of
the sheriff or any deputy sheriff to kill any dog found
running at large (after the first day of August of any year
and before the first day of March in the following year)
without a metal identification tag. [1929 c 198 § 7; RRS §
3108. Prior: 1919 c 6 § 7; 1917 c 161 § 7; RCS § 3108.]
16.08.040 Dog bites — Liability. The owner of any
dog which shall bite any person while such person is in or
on a public place or lawfully in or on a private place
including the property of the owner of such dog, shall be
liable for such damages as may be suffered by the person
bitten, regardless of the former viciousness of such dog or
the owner's knowledge of such viciousness. [1941 c 77 § 1;
Rem. Supp. 1941 § 3109 -1.1
16.08.050 Entrance on private property, when
lawful. A person is lawfully upon the private property of
such owner within the meaning of RCW 16.08.040 when
such person is upon the property of the owner with the
express or implied consent of the owner: PROVIDED, That
said consent shall not be presumed when the property of the
owner is fenced or reasonably posted. [1979 c 148 § 1;
1941 c 77 § 2; Rem. Supp. 1941 § 3109 -2.]
16.08.060 Provocation as a defense. Proof of
provocation of the attack by the injured person shall be a
complete defense to an action for damages. [1941 c 77 § 3;
Rem. Supp. 1941 § 3109 -3.1
16.08.070 Dangerous dogs and related definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 16.08.070 through
16.08.100.
(1) "Potentially dangerous dog" means any dog that
when unprovoked: (a) Inflicts bites on a human or a
domestic animal either on public or private property, or (b)
chases or approaches a person upon the streets, sidewalks, or
any public grounds in a menacing fashion or apparent
attitude of attack, or 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.
(2) "Dangerous dog" means any dog that (a) inflicts
severe injury on a human being without provocation on
public or private property, (b) kills a domestic animal
without provocation while the dog is off the owner's
property, or (c) has been previously found to be potentially
dangerous because of injury inflicted on a human, the owner
having received notice of such and the dog again aggressive-
ly bites, attacks, or endangers the safety of humans.
(3) "Severe injury" means any physical injury that
results in broken bones or disfiguring lacerations requiring
multiple sutures or cosmetic surgery.
(4) "Proper enclosure of a dangerous dog" means, while
on the owner's property, a dangerous dog shall be securely
confined indoors or in a securely enclosed and locked pen or
(2002 Ed) [Title 16 RCW =page 31
Chapter 16.08
DOGS
(Formerly: Dangerous dogs)
Sections
16.08.010
Liability for injury to stock by dogs.
16.08.020
Dogs injuring stock may be killed.
16.08.030
Marauding dog —Duty of owner to kill.
16.08.040
Dog bites — Liability.
16.08.050
Entrance on private property, when lawful.
16.08.060
Provocation as a defense.
16.08.070
Dangerous dogs and related definitions.
16.08.080
Dangerous dogs— Notice to owners —Right of appeal —
Certificate of registration required — Surety bond —
Liability insurance — Restrictions.
16.08.090
Dangerous dogs— Requirements for restraint — Potentially
dangerous dogs —Dogs not declared dangerous.
16.08.100
Dangerous dogs —Confiscation -- Conditions — Duties of
animal control authority- Penalties and affirmative
defenses for owners of dogs that attack — Dog fights,
penalty.
16.08.010 Liability for injury to stock by dogs. The
owner or keeper of any dog shall be liable to the owner of
any animal killed or injured by such dog for the amount of
damages sustained and costs of collection, to be recovered
in a civil action. [1985 c 415 § 14; 1929 c 198 § 5; RRS §
3106. Prior: 1919 c 6 § 5; RCS § 3106.1
16.08.020 Dogs injuring stock may be killed. It
shall be lawful for any person who shall see any dog or dogs
chasing, biting, injuring or killing any sheep, swine or other
domestic animal, including poultry, belonging to such
person, on any real property owned or leased by, or under
the control of, such person, or on any public highway, to kill
such dog or dogs, and it shall be the duty of the owner or
keeper of any dog or dogs so found chasing, biting or
injuring any domestic animal, including poultry, upon being
notified of that fact by the owner of such domestic animals
or poultry, to thereafter keep such dog or dogs in leash or
confined upon the premises of the owner or keeper thereof,
and in case any such owner or keeper of a dog or dogs shall
fail or neglect to comply with the provisions of this section,
it shall be lawful for the owner of such domestic animals or
poultry to kill such dog or dogs found running at large.
[1929 c 198 § 6; RRS § 3107. Prior: 1919 c 6 § 6; 1917
c 161 § 6; RCS § 3107.]
16.08.030 Marauding dog —Duty of owner to kill.
It shall be the duty of any person owning or keeping any
16.04.100
dog or dogs which shall be found killing any domestic
animal to kill such dog or dogs within forty-eight hours after
being notified of that fact, and any person failing or neglect-
ing to comply with the provisions of this section shall be
deemed guilty of a misdemeanor, and it shall be the duty of
the sheriff or any deputy sheriff to kill any dog found
running at large (after the first day of August of any year
and before the first day of March in the following year)
without a metal identification tag. [1929 c 198 § 7; RRS §
3108. Prior: 1919 c 6 § 7; 1917 c 161 § 7; RCS § 3108.]
16.08.040 Dog bites — Liability. The owner of any
dog which shall bite any person while such person is in or
on a public place or lawfully in or on a private place
including the property of the owner of such dog, shall be
liable for such damages as may be suffered by the person
bitten, regardless of the former viciousness of such dog or
the owner's knowledge of such viciousness. [1941 c 77 § 1;
Rem. Supp. 1941 § 3109 -1.1
16.08.050 Entrance on private property, when
lawful. A person is lawfully upon the private property of
such owner within the meaning of RCW 16.08.040 when
such person is upon the property of the owner with the
express or implied consent of the owner: PROVIDED, That
said consent shall not be presumed when the property of the
owner is fenced or reasonably posted. [1979 c 148 § 1;
1941 c 77 § 2; Rem. Supp. 1941 § 3109 -2.]
16.08.060 Provocation as a defense. Proof of
provocation of the attack by the injured person shall be a
complete defense to an action for damages. [1941 c 77 § 3;
Rem. Supp. 1941 § 3109 -3.1
16.08.070 Dangerous dogs and related definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply throughout RCW 16.08.070 through
16.08.100.
(1) "Potentially dangerous dog" means any dog that
when unprovoked: (a) Inflicts bites on a human or a
domestic animal either on public or private property, or (b)
chases or approaches a person upon the streets, sidewalks, or
any public grounds in a menacing fashion or apparent
attitude of attack, or 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.
(2) "Dangerous dog" means any dog that (a) inflicts
severe injury on a human being without provocation on
public or private property, (b) kills a domestic animal
without provocation while the dog is off the owner's
property, or (c) has been previously found to be potentially
dangerous because of injury inflicted on a human, the owner
having received notice of such and the dog again aggressive-
ly bites, attacks, or endangers the safety of humans.
(3) "Severe injury" means any physical injury that
results in broken bones or disfiguring lacerations requiring
multiple sutures or cosmetic surgery.
(4) "Proper enclosure of a dangerous dog" means, while
on the owner's property, a dangerous dog shall be securely
confined indoors or in a securely enclosed and locked pen or
(2002 Ed) [Title 16 RCW =page 31
16.08.070
Title 16 RCW: Animals and Livestock
structure, suitable to prevent the entry of young children and
designed to prevent the animal from escaping. Such pen or
structure shall have secure sides and a secure top, and shall
also provide protection from the elements for the dog.
(5) "Animal control authority" means an entity acting
alone or in concert with other local governmental units for
enforcement of the animal control laws of the city, county,
and state and the shelter and welfare of animals.
(6) "Animal control officer" means any individual
employed, contracted with, or appointed by the animal
control authority for the purpose of aiding in the enforce-
ment of this chapter or any other law or ordinance relating
to the licensure of animals, control of animals, or seizure and
impoundment of animals, and includes any state or local law
enforcement officer or other employee whose duties in whole
or in part include assignments that involve the seizure and
impoundment of any animal.
(7) "Owner" means any person, firm, corporation,
organization, or department possessing, harboring, keeping,
having an interest in, or having control or custody of an
animal. [2002 c 244 § 1; 1987 c 94 § 1.]
Severability -1987 c 94: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 94 § 6.1
16.08.080 Dangerous dogs— Notice to owners —
Right of appeal — Certificate of registration required —
Surety bond — Liability insurance — Restrictions. (1) Any
city or county that has a notification and appeal procedure
with regard to determining a dog within its jurisdiction to be
dangerous may continue to utilize or amend its procedure.
A city or county animal control authority that does not have
a notification and appeal procedure in place as of June 13,
2002, and seeks to declare a dog within its jurisdiction, as
defined in subsection (7) of this section, to be dangerous
must serve notice upon the dog owner in person or by
regular and certified mail, return receipt requested.
(2) The notice must state: The statutory basis for the
proposed action; the reasons the authority considers the
animal dangerous; a statement that the dog is subject to
registration and controls required by this chapter, including
a recitation of the controls in subsection (6) of this section;
and an explanation of the owner's rights and of the proper
procedure for appealing a decision finding the dog danger-
ous.
(3) Prior to the authority issuing its final determination,
the authority shall notify the owner in writing that he or she
is entitled to an opportunity to meet with the authority, at
which meeting the owner may give, orally or in writing, any
reasons or information as to why the dog should not be
declared dangerous. The notice shall state the date, time,
and location of the meeting, which must occur prior to
expiration of fifteen calendar days following delivery of the
notice. The owner may propose an alternative meeting date
and time, but such meeting must occur within the fifteen -day
time period set forth in this section. After such meeting, the
authority must issue its final determination, in the form of a
written order, within fifteen calendar days. In the event the
authority declares a dog to be dangerous, the order shall
include a recital of the authority for the action, a brief
concise statement of the facts that support the determination,
and the signature of the person who made the determination.
The order shall be sent by regular and certified mail, return
receipt requested, or delivered in person to the owner at the
owner's last address known to the authority.
(4) If the local jurisdiction has provided for an adminis-
trative appeal of the final determination, the owner must
follow the appeal procedure set forth by that jurisdiction. If
the local jurisdiction has not provided for an administrative
appeal, the owner may appeal a municipal authority's final
determination that the dog is dangerous to the municipal
court, and may appeal a county animal control authority's or
county sheriff's final determination that the dog is dangerous
to the district court. The owner must make such appeal
within twenty days of receiving the final determination.
While the appeal is pending, the authority may order that the
dog be confined or controlled in compliance with RCW
16.08.090. If the dog is determined to be dangerous, the
owner must pay all costs of confinement and control.
(5) It is unlawful for an owner to have a dangerous dog
in the state without a certificate of registration issued under
this section. This section and RCW 16.08.090 and 16.08.100
shall not apply to police dogs as defined in RCW 4.24.410.
(6) Unless a city or county has a more restrictive code
requirement, the animal control authority of the city or
county in which an owner has a dangerous dog shall issue a
certificate of registration to the owner of such animal if the
owner presents to the animal control unit sufficient evidence
of:
(a) A proper enclosure to confine a dangerous dog and
the posting of the premises with a clearly visible warning
sign that there is a dangerous dog on the property. In
addition, the owner shall conspicuously display a sign with
a warning symbol that informs children of the presence of a
dangerous dog;
(b) A surety bond issued by a surety insurer qualified
under chapter 48.28 RCW in a form acceptable to the animal
control authority in the sum of at least two hundred fifty
thousand dollars, payable to any person injured by the
dangerous dog; or
(c) A policy of liability insurance, such as homeowner's
insurance, issued by an insurer qualified under Title 48
RCW in the amount of at least two hundred fifty thousand
dollars, insuring the owner for any personal injuries inflicted
by the dangerous dog.
(7)(a)(i) If an owner has the dangerous dog in an
incorporated area that is serviced by both a city and a county
animal control authority, the owner shall obtain a certificate
of registration from the city authority;
(ii) If an owner has the dangerous dog in an incorporat-
ed or unincorporated area served only by a county animal
control authority, the owner shall obtain a certificate of
registration from the county authority;
(iii) If an owner has the dangerous dog in an incorporat-
ed or unincorporated area that is not served by an animal
control authority, the owner shall obtain a certificate of
registration from the office of the local sheriff.
(b) This subsection does not apply if a city or county
does not allow dangerous dogs within its jurisdiction.
(8) Cities and counties may charge an annual fee, in
addition to regular dog licensing fees, to register dangerous
dogs.
[Title 16 RCW —page 41 (2002 Ed.)
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(9) Nothing in this section limits a local authority in
placing additional restrictions upon owners of dangerous
dogs. This section does not require a local authority to
allow a dangerous dog within its jurisdiction. [2002 c 244
§ 2; 1989 c 26 § 3; 1987 c 94 § 2.]
Severability -1987 c 94: See note following RCW 16.08.070.
16.08.090 Dangerous dogs— Requirements for
restraint— Potentially dangerous dogs —Dogs not declared
dangerous. (1) It is unlawful for an owner of a dangerous
dog to permit the dog to be outside the proper enclosure
unless the dog is muzzled and restrained by a substantial
chain or leash and under physical restraint of a responsible
person. The muzzle shall be made in a manner that will not
cause injury to the dog or interfere with its vision or
respiration but shall prevent it from biting any person or
animal.
(2) Potentially dangerous dogs shall be regulated only
by local, municipal, and county ordinances. Nothing in this
section limits restrictions local jurisdictions may place on
owners of potentially dangerous dogs.
(3) Dogs shall not be declared dangerous if the threat,
injury, or damage was sustained by a person who, at the
time, was committing a wilful trespass or other tort upon the
premises occupied by the owner of the dog, or was torment-
ing, abusing, or assaulting the dog or has, in the past, been
observed or reported to have tormented, abused, or assaulted
the dog or was committing or attempting to commit a crime.
[1987 c 94 § 3.1
Severability -1987 c 94: See note following RCW 16.08.070.
16.08.100 Dangerous dogs— Confiscation-
Conditions — Duties of animal control authority —
Penalties and affirmative defenses for owners of dogs
that attack — Dog fights, penalty. (1) Any dangerous dog
shall be immediately confiscated by an animal control
authority if the: (a) Dog is not validly registered under
RCW 16.08.080; (b) owner does not secure the liability
insurance coverage required under RCW 16.08.080; (c) dog
is not maintained in the proper enclosure; or (d) dog is
outside of the dwelling of the owner, or outside of the
proper enclosure and not under physical restraint of the
responsible person. The owner must pay the costs of
confinement and control. The animal control authority must
serve notice upon the dog owner in person or by regular and
certified mail, return receipt requested, specifying the reason
for the confiscation of the dangerous dog, that the owner is
responsible for payment of the costs of confinement and
control, and that the dog will be destroyed in an expeditious
and humane manner if the deficiencies for which the dog
was confiscated are not corrected within twenty days. The
animal control authority shall destroy the confiscated dan-
gerous dog in an expeditious and humane manner if any
deficiencies required by this subsection are not corrected
Within twenty days of notification. In. addition, the owner
shall be guilty of a gross misdemeanor punishable in accor-
dance with RCW 9A.20.021.
(2) If a dangerous dog of an owner with a prior convic-
tion under this chapter attacks or bites a person or another
domestic animal, the dog's owner is guilty of a class C
felony, punishable in accordance with RCW 9A.20.021. It
(2002 Ed.)
Dogs
16.08.080
is an affirmative defense that the defendant must prove by a
preponderance of the evidence that he or she was in compli-
ance with the requirements for ownership of a dangerous dog
pursuant to this chapter and the person or domestic animal
attacked or bitten by the defendant's dog trespassed on the
defendant's real or,personal property or provoked the
defendant's dog without justification or excuse. In addition,
the dangerous dog shall be immediately confiscated by an
animal control authority, placed in quarantine for the proper
length of time, and thereafter destroyed in an expeditious and
humane manner.
(3) The owner of any dog that aggressively attacks and
causes severe injury or death of any human, whether or not
the dog has previously been declared potentially dangerous
or dangerous, shall, upon conviction, be guilty of a class C
felony punishable in accordance with RCW 9A.20.021. It is
an affirmative defense that the defendant must prove by a
preponderance of the evidence that the human severely
injured or killed by the defendant's dog: (a) Trespassed on
the defendant's real or personal property which was enclosed
by fencing suitable to prevent the entry of young children
and designed to prevent the dog from escaping and marked
with clearly visible signs warning people, including children,
not to trespass and to beware of dog; or (b) provoked the
defendant's dog without justification or excuse on the
defendant's real or personal property which was enclosed by
fencing suitable to prevent the entry of young children and
designed to prevent the dog from escaping and marked with
clearly visible signs warning people, including children, not
to trespass and to beware of dog. In such a prosecution, the
state has the burden of showing that the owner of the dog
either knew or should have known that the dog was poten-
tially dangerous as defined in this chapter. The state may
not meet its burden of proof that the owner should have
known the dog was potentially dangerous solely by showing
the dog to be a particular breed or breeds. In addition, the
dog shall be immediately confiscated by an animal control
authority, quarantined, and upon conviction of the owner de-
stroyed in an expeditious and humane manner:
(4) Any person entering a dog in a dog fight is guilty of
a class C felony punishable in accordance with RCW
9A.20.021. [2002 c 244 § 3; 1987 c 94 § 4.]
Severability -1987 c 94: See note following RCW 1.6.08.070.
Chapter 16.10
DOGS — LICENSING —DOG CONTROL ZONES
Sections
16.10.010
Purpose.
16.10.020
Dog control zones — Determination of need by county com-
missioners.
16.10.030
Dog control zones — Public hearing, publication of notice.
16.10.040
Dog control zones — Regulations— License fees, collection,
disposition.
Pet animals — Taking, concealing, injuring, killing, etc. — Penalty: RCW
9.08.070.
16.10.010 Purpose. The purpose of this chapter is to
provide for the licensing of dogs within specific areas of
particular counties. [1969 c 72 § 1.]
[Title 16 RCW —page 51
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
Softhn tty of Edmonds, Washington The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
On the 22nd day of April, 2003, the City Council of the City of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
of Edmonds, passed Ordinance No. 3451. A summary of the
content of said ordinance, consisting of the title, provides as Snohomish, and State of Washington; that said newspaper is a newspaper of general
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- Circulation in said County and State; that said newspaper has been approved as a legal
TON, AMENDING THE PROVISIONS OF CHAPTER 5.05,newspaper b order of the Superior Court of Snohomish Count and that the notice
RELATING TO ANIMAL CONTROL, CONTAINING A SEV- Y P' Y
ERABILITY CLAUSE. AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE. City of Edmonds
The full text of this ordinance will be mailed upon request.
DATED this 23rd day otCITV CLERK, SANDRA S. CHASE
I Summary of Ordinance No. 3451
Published: April 27, NP03.
RECEIVED
MAY 0 7 2003
EDMONDS CITY CLERK
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:
April 27, 2003
and that said newspaper r o larly 'stribu d to its bscribers during all of said period.
Principal Clerk
Subscribed and sworn to r e me this 28th
day of April, 2003 •.GC:[J/a
V / n n � n ii /�" P�SSI'o^'F OGn;;
Notary Public in and forthe State of
County.
at 11verett, �jwb gii`sh M
N,► :' 'Otis LI C
"k, O -. 2g 0-I
'tt, F• ........
WAS10"4 T
Account Name: City Of Edmonds Edmonds, City Of Account Number: 101416 Order Number: 0001028806