Ordinance 1944ORDINANCE NO. 1944
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
CREATING A NEW CHAPTER 5.05 OF THE EDMONDS CITY
CODE, PROVIDING FOR LICENSING AND THE REGULATION
OF ANIMALS, PROVIDING PENALTIES FOR VIOLATIONS
AND REPEALING CHAPTERS 3.30 AND 5.04 OF THE
EDMONDS CITY CODE.
WHEREAS, the following amendments to the Animal Control
Ordinance are necessary for the health, safety and general
welfare, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Chapter 5.05 is hereby added to the
Edmonds City Code to be entitled "Animal Control" and to read
as follows:
5.05.001 Introduction
The purpose of this Chapter is to provide for the reason-
able regulation of animals under the police powers of
the City of Edmonds, granting owners of animals reasonable
utilization thereof, and at the same time providing for
the health, safety, welfare and general protection of
both the human residents and animals of the City of Edmonds.
5.05.010 Definitions
1. ANIMAL CONTROL AUTHORITY means the person, association,
or corporation, appointed or authorized (including
contractual authorization) by the Mayor of the City
of Edmonds and/or Chief of Police to carry out the
duties of the Animal Control Officer and enforcement
under this Chapter.
2. ANIMAL CONTROL OFFICER includes a police officer.
3. AT LARGE means off the premises of the owner and
not under the immediate control of the owner, member
of his immediate family, or person authorized by him,
by means of a leash, cord or chain no longer than
8 feet.
4. COVERED ANIMAL means hooved animals usually found
on farms, such as, horses, ponies, mules, donkeys,
bovine animals, sheep, goats and/or swine.
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5.05.010, cont'd
5. DOMESTIC ANIMALS means any animals that are usually
tamed and bred for the uses of man.
6. EXOTIC ANIMALS means any animals that are not native
to or usually found in the United States.
7. GUARD DOG means any member of the dog family which
has been trained or represented as trained to
protect person and/or property by virtue of exhibit-
iting hostile propensities and aggressiveness to
unauthorized persons.
9.
10.
11.
12.
13.
INHUMANE TREATMENT shall mean every act, omission,
or neglect whereby unnecessary or unjustifiable
physical pain or suffering is caused or permitted.
OWNS means owning, keeping, leasing, possessing or
harboring an animal.
PERSON means any person, firm, corporation or
association.
POULTRY means domestic fowl normally raised for meat
or eggs; chickens, turkeys, ducks and geese.
VICIOUS ANIMAL means an animal that is dangerously
aggressive to humans or other animals.
WILD ANIMAL means an animal living in its natural
state and native to the U.S. and not normally domestic-
ated, raised or bred by man.
5.05.020 Dog Licensing
1. License required. It is unlawful for any person
to own any dog over the age of three (3) months
within the City unless the owner shall have first
procured a license therefor or unless no license
is required by this chapter.
2. Dogs excluded from license requirements. The
licensing provisions of this section shall not
apply to dogs:
a. Whose owners are nonresidents temporarily
within the City;
b. Brought into the City for the purpose of
participating in any dog show;
C. "Seeing eye" dogs properly trained to assist
blind persons, when such dogs are actually
being used by blind persons, for the purpose
of aiding them in going from place to place;
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5.05.020, cont'd
d. 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.
3. License tags issued and fees. The Police Department
or such other person, firm or entity as shall be
designated by the City Council by contract or
otherwise, shall issue dog licenses to persons
applying therefor, upon the payment of the license
fee, if applicable, as herein provided. Upon
issuance of a license, a metal tag with number
corresponding to the number of the application shall
be furnished to the applicant.
a. The applicant shall cause the same to be
attached or fixed to the dog. Tags shall
not be transferable from one dog to
another.
b. The following fee shall be paid for licenses
hereunder:
(1) Spayed females or neutered males
with veterinarian certificate or
signed affidavit - (lifetime tags
issued)
NO COST
(2) dogs less than (6) months but
over three (3) months of age,
temporary tags issued (will be
replaced free at time animal is
spayed or neutered) NO COST
(3) unspayed females over six (6)
months of age $10.00
(4) unneutered males over six (6)
months of age $10.00
(5) replacement of metal tag $ 1.00
4. License issuance - nonresidents. Licenses shall be
issued upon request of persons not residents of the
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5.05.020, cont'd
City of Edmonds, who reside in proximity to the City
and who desire for identification purposes to purchase
an annual license for their dog. The annual fee
shall be ten dollars ($10) 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 lifetime tags nor 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 owner of a dog to the penal-
ties provided for in this chapter; 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.
5. Fee due dates - penalty. All licenses granted
hereunder shall be due and fees therefor payable
on or before the first business day of January,
1977, and annually thereafter, provided, however,
dogs issued lifetime tags shall not be subject to
annual relicensing. If the license fees provided
for in this chapter are not paid on or before
March 1 of each year, the applicant shall pay a
penalty fee of ten dollars ($10) for each license
in addition to the regular fee as set forth in
this chapter; provided, however, that the fee for
an original license application shall be due and
payable within thirty (30) days after any dog
within the City comes into the charge care'or
control of any person who resides within the City.
Provided, further, that the Animal Control Authority
shall have authority to waive the penalty fee
for improper or delinquent licensing upon receipt
of proof of spaying or neutering of the dog within
a period of time set by the Animal Control
Authority.
6. Enforcement procedure. All dogs not licensed
hereunder, or who do not exhibit the metal
identification tag hereinabove provided, are
declared to be public nuisances and it shall
be the duty of the City to impound and distrain
the animals for a period of three (3) days and/or
issue a citation to the owner. If not redeemed
within the three day period, the Animal Control
Authority may sell or destroy said animal as
provided in Section 5.04.050 of the Edmonds City
Code.
Page four
5.05.030 Fees Authorized
In addition to the costs of publication of any notice
as required by this chapter, the Animal Control Authority
shall be entitled to charge fees under this chapter as
follows:
1. Impound fees $ 5.00
2. Board and room per day $ 2.50
or the actual costs
incurred, whichever
is greater
3.
Pick up dog at owner's
request
costs
incurred
4.
Pick up second dog or
pet at same time at
owners request
costs
incurred
5.
Pick up cat at owner's
request
costs
incurred
6.
Pick up second cat or
kitten at same time at
owners request
costs
incurred
7.
Horses and ponies
impound fee
costs
incurred
8.
Horses and ponies, board
and room per day
costs
incurred
9.
Put animal to sleep
costs
incurred
10.
Miscellaneous animals impound fees
costs
incurred
11.
Miscellaneous animals board fees
costs
incurred
12.
Miscellaneous animals pick up fees
at owners request
costs
incurred
Page five
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
ten (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. In the cases of animals whose owner-
ship is not known, such quarantine shall be at the
shelter designated as the City Animal Shelter or
veterinary hospital.
5.05.050 Impound Procedures
1. Notice of impounding. When any licensed animal is
impounded, the officer or department impounding
such animal shall attempt to give notice the same
day by mail, or by leaving written notice at the
address contained in the license application, or
by telephone, to the owner informing him of the
impounding of such animal and the reason therefor.
It shall however, be the entire responsibility
of the owner to ascertain that his animal has
been impounded and to take such measures as
he deems fit for redeeming such animal. Neither
the City nor any officer or agent of the City
shall be responsible for failing to notify an
owner of the impounding of any dog or other animal
under this chapter.
2. Redemption of animals by owner. If, at any time
before sale or disposal by the City, the owner
of animals so impounded shall claim the same, he
shall be entitled to the possession thereof upon
payment of all legal charges and expenses incidental
to such taking up and keeping said animal.
3. Sale of impounded animals. At the expiration of
three (3) days after notice as provided above,
the Animal Control Authority shall sell such
animal at public auction, or otherwise after
one publication of notice of sale in the official
newspaper of the City; provided, however, that
the publication of notice shall not be required
for the sale of dogs and cats. After deducting
the legal fees and costs, expenses of picking up,
keeping and,selling the animal, the Animal
Page six
5.05.050, cont'd
Control Authority shall pay the remainder of
the proceeds, if any, into the City treasury.
4. Recovery of sale proceeds by owner. If the owner
of any animal sold under the provisions of this
chapter shall, at any time within one (1) year
from the date of such sale, make satisfactory proof
to the City Council of his ownership, he shall
be entitled to receive the net proceeds of such
sale on deposit with the City Treasurer. If the
owner does not make claim within one (1) year,
the proceeds shall be forfeited to the general
fund of the City.
5. Disposition. Any animal not redeemed or sold by
the City for at least the full amount of license
fees and fees for impounding, distraining and
keeping the animals 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.
6. Disposal of certain animals. It is lawful for
any police officer or Animal Control Authority
to kill any dangerous or vicious dog or other
animal found at large which cannot, in their
judgment, be safely taken up and impounded.
7. 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.
8. Hinderance to impounding. No person shall willfully:
a. prevent or hinder the impounding of any
animal found in violation of the provisions
of this Chapter;
b. remove any animal from the public pound
without authority of the Chief of Police,
the Animal Control Authority, or the officer
in charge of the pound;
C. remove any animal from the public pound
without paying all lawful charges against
the animal; or
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5.05.050, cont'd
d. resist or obstruct the Animal Control
Authority in the performance of his duties.
5.05.060 Petition Procedure
Noisy, trespassing, vicious animals - abatement
procedure. Whenever it shall be stated in writing by
three (3) or more persons having separate residences or
regularly employed in the neigh -boyhood, that any
animal is nuisance by reason of habitual howling,
barking or other noises, damage to property, being
vicious or by its actions, potentially vicious or in
any manner causing undue annoyance, the Animal Control
Authority shall serve notice upon the owner that such
nuisance must be abated. Failure to abate such nuisance,
if such nuisance is found to exist by a court of law,
shall be deemed a violation of this chapter, and in
addition to the penalties provided herein, the animal
may be impounded.
5.05.070 Running at large prohibited. No domestic or
exotic animals of any kind, except cats, shall be
permitted to run at large during any hours of the day
or night; provided, that this section shall not apply
to dogs which are in special areas designated and
posted by the Chief of Police as dog training areas so
long as the regulations of the Chief of Police with
respect to the use of such areas are complied with and
such dogs are under the custody and control of their
trainer.
5.05.080 Allowing public nuisance. It is unlawful for
the owner or person having charge of any dog or other
animal to permit, either willfully or by failure to
exercise due care, such animal from committing a public
nuisance by defecating upon the sidewalk of any public
street, or any public place whereon persons customarily
walk.
5.05.090 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 heat.
5.05.100 Dogs on public grounds. It is unlawful for
an owner to allow any dog to stray and/or enter, with or
without a leash or any other means of restraint, upon
any school ground, playfield, park, beach or other
public grounds posted and/or designated by the City to
be off limits to dogs.
5.05.110 Muzzling and vaccination. Whenever it becomes
necessary to safeguard the public from the dangers of
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5.05.110, cont'd
rabies or other communicable disease, the City Council,
if it deems it necessary for the public's health and
safety, shall pass a resolution ordering every person
owning or keeping the infected type animal to confine
it securely on his premises unless such animal shall
have a muzzle of sufficient strength to prevent its
biting any person. Any unmuzzled animal running at
large during the time of the proclamation shall be
seized and impounded. All animals noticeably infected
with rabies shall be killed by the Animal Control
Authority or by any police officer, without notice to
the owner. Animals impounded during the first two (2)
days of such proclamation shall, if claimed within
five (5) days, be released to the owner, unless
infected, upon payment of the fees and charges
provided herein. If unclaimed after that period,
such animal may be summarily destroyed. Said
resolution may also provide for and require the
vaccination of all dogs with anti -rabies vaccine,
or other appropriate vaccines in the case of other
animals or diseases.
5.05.120 Rabies notice. If an animal is believed to have
rabies or has been bitten by an animal suspected of
having rabies, such animal shall be muzzled and 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 two (2) weeks.
The owner shall notify the City of the fact that his
animal has been exposed to rabies, and at his discretion
the Animal Control Authority is empowered to have such
animal removed from the owner's premises to a veterinary
hospital and there placed under observation for a
period of up to two (2) weeks at the expense of the
owner.
It is unlawful for any person knowing or suspecting an
animal has rabies to allow such dog to be taken off his
premises or beyond the limits of the City 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 pound or summarily destroy it.
5.05.130 Vicious animals.
1. It is unlawful for any person who owns any animal
which is known or which in the exercise of reasonable
care, should be known to be vicious to allow the
same to run at large, or to fail to restrain such
animal in such a manner that the animal is unable
to reach those persons utilizing the normal ingress
and egress to and from the premises where such an
Page nine
5.05.130, cont'd
animal is maintained, or to fail to post signs in
two (2) conspicuous places upon the premises
warning those persons who may come upon the premises
of the existence of the vicious animal. A fence
surrounding the animal of sufficient height to
prevent the animal from reaching persons off the
property is required.
2. Any such animal which is known, or which in
the exercise of reasonable care, should be known
to be vicious, which is permitted to run at large
or is not restrained in the manner provided for in
this section, is hereby declared to be a public
nuisance and may be impounded and destroyed by
the City as provided in this chapter.
3. The penalties and procedures provided by
this section are in addition to those penalties
and procedures provided elsewhere in this chapter
and are in no way to be construed as limiting the
authority of the City to act under the other
sections of this chapter.
5.05.140 Guard dogs
Guard dogs shall be kept contained within a building,
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 fence shall be a minimum of 6 feet
in height. 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.
5.05.150 Covered Animal Violations
1. Required open space and minimum dimensional
requirements for pasturing. There shall be not
less than twelve thousand (12,000) square feet
of open space for maintaining and pasturing the
first covered animal on any parcel of property,
and an additional eight thousand (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:
a. The pasture area shall have a minimum width
of eighty (80) feet.
b. The stable housing the livestock animal
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5.05.150, cont'd
shall be set back at least thirty (30) feet
from any side, rear and front property lines.
C. In the event the livestock animal gives birth,
thereby exceeding the number of covered
animals allowed by the minimums set forth in
this section, the owner of said covered
animal and/or the owner and/or occupier of the
premises shall conform the number of covered
animals or the dimensional requirements
within one (1) year of the birth of said
covered animal.
2. Fencing. The owner and/or tenant or other occupier
of the premises upon which any covered animal is
maintained for more than seven (7) 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 shallcompletely enclose an area
describing at least the minimum area of open
space and pasturing, including the minimum
dimensional requirements.
3. Waste disposal. The owner of each covered
animal and the owner and/or occupier of the
premises upon which the said animal is maintained
within the City limits shall guarantee and at
all times maintain the premises upon which each
said 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 the 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.
4. Riding on sidewalks. It shall be unlawful for any
person to ride or lead a covered animal on any
sidewalk within the City limits, unless otherwise
specifically designated for such use. No person
shall ride or lead two (2) or more said animals
abreast on any City street.
5. Public parks, beaches and/or playgrounds.
Unless otherwise directed by the Director of
Parks and Recreation it shall be 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 said
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5.05.150, cont'd
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 hereby 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 here-
in, 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 said
City Clerk.
6. Business areas. No person shall leave any covered
animal unattended, whether tethered or untethered,
within any area of the City zoned for commercial
uses by Title 12 of the Edmonds City Code.
7. Citizen complaints to be reviewed by the Board
of Adjustment. Any person may file a complaint
against any use in violation of this Section upon
the submission of a petition signed by not less than
three (3) persons from three or more households.
Such complaint shall be filed with the Board of
Adjustment which Board, after public notice and
hearing as prescribed by Section 12.16.150 of
the Edmonds City Code, may require the abatement,
discontinuance or remedial requirements for the
use if it finds that the use or property conditions
are in violation of this Section or otherwise a
hazard to the public health, safety, and welfare.
In the event the owner and/ or occupier of the
premises upon which the said animal is maintained,
and/or the owner of said animal, fails to comply
with the order of the Board of Adjustment within
the time prescribed by the Board, said person or
persons shall be subject to criminal prosecution
in a court of. competent jurisdiction and each day
of continued violation shall be deemed a separate
and additional offense. Nothing in this Section
shall be construed as requiring a police officer
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5.05.150, cont'd
or other appropriate governmental official from
causing to be filed in a court of competent
jurisdiction a criminal complaint for violation
of this Section without the necessity of filing
with or appearing before the Board of Adjustment.
8. 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 Title 12 of the Edmonds City Code. In
the event of conflict between any dimensional
requirement set forth in this Section and the
requirements set forth in Title 12 of the Edmonds
City Code, the regulation requiring the greatest
open space or other dimensional requirement shall
prevail. In the event any other provision of the
Edmonds City Code shall be in conflict with this
Section relative to said animals the terms of
this Section shall prevail.
9. Variances. Where there may be structures or less
than the minimum dimensional requirements which
existed prior to the effective date of this Section,
the owner of the premises may apply to the Board of
Adjustment for a variance from the strict require-
ments of this Section. The Board of Adjustment
shall hold a public hearing after public notice
has been given as set forth by Section 12.16.150
of the Edmonds City Code. The Board may grant a
variance as set forth herein and shall have authority
to prescribe appropriate conditions and safeguards
that will insure that the purpose and intent of
this Section shall be met. The standards and
criteria for the Board on applications for variance
from the strict terms of this Section shall be as
follows:
1. The proposed variance shall be consistent
with the general purposes and intent of
this Section and the Edmonds Zoning
Ordinance.
2. That special conditions and circumstances
exist which are peculiar to the premises in
question such as pre-existing structures or
improvements, size, shape, topography or
location not generally applicable to other
land similarly situated.
3. There are practical hardships and difficulties
which render it difficult or impossible for
the applicant to conform to the strict
provisions of this Section.
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5.05.150, cont'd
4. The granting of the variance will not be
materially detrimental to the public health,
safety, morals or welfare or injurious to the
property, improvements or persons vicinal to
the premises.
5. The reasons set forth in the application
justify the granting of the variance, and
that the variance is the minimum variance that
will allow utilization of the covered animal
or animals.
5.05.160 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.
5.05.170 Exotic Animals
The owner of an exotic animal must keep the animal, at
all times, contained within a fence or cage consistent
with the age, size and species of the animal, such
that the animal cannot run at large.
5.05.180 Miscellaneous Regulations
1. Exposure of Poison Prohibited. It is unlawful for
any person to lay out or expose any kind of poison,
or leave exposed any poisoned foods or drink for
man, animal or fowl, or any substance or fluid
whatever, on the premises of another, or in any
unenclosed place.
2. Found stray animals. It shall be the duty of a
person who takes into his possession any stray
animal, not owned by him or not placed
into his possession by the person having
the lawful custody and control thereof,
to notify the Animal Control Authority or police,
at once, and to release such animal to said City
officer upon demand and without any charge.
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5.05.180, cont'd
3. Duty when striking domestic animal with motor
vehicle. Any person who, while operating a
motor vehicle, strikes a domestic animal shall
stop at once and 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 Section 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.
4. 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 maintaining a
nuisance and be subject to the penalties prescribed
herein.
5. Slaughtering of animals. No person shall kill or
slaughter, within the City, any animal or animals,
the flesh of which is intended to be sold or
offered for sale.
6. Confined animals. Any person who shall confine any
animal shall supply the same during such confinement
with clean, adequate shelter from the weather and
a sufficient daily quantity of food and water.
7. Inhumane treatment of animals unlawful. It is
unlawful for any person to knowingly subject any
animal to any inhumane treatment.
8. Abandoning of animals unlawful. It is unlawful for
any person to abandon any animal within the
City in any manner. In addition to the penalty
for violation of this Chapter, any person found
guilty of a violation of this Section shall pay to
the City the cost and expense of the impound and
distraint of the animal or animals involved.
5.05.200 Penalties
1. Any person who violates the following provisions of
this Chapter shall be guilty of a misdemeanor and
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5.05.200, cont'd
upon conviction shall be punished by a fine of not
more than Two Hundred Fifty Dollars ($250.00):
a.
5.05.020
b.
5.05.040
C.
5.05.050 (1) through (7)
d.
5.05.060
e.
5.05.070
f.
5.05.080
g.
5.05.090
h.
5. 05. 100
i.
5.05.150 (1) through (9)
j.
5.05.180 (3) and (4)
Provided, that upon the third conviction or forfeiture
within twelve (12) months of a previous conviction
for a violation of any of the above provisions of
this Chapter, the court shall impose a minimum
mandatory fine of Fifty Dollars ($50.00), which
said fine shall not be suspended or deferred.
Provided, further, upon a fourth and subsequent
conviction or forfeiture within a twelve (12) month
period, the court shall impose a minimum mandatory
fine of One Hundred Dollars ($100.00), which said
fine shall not be suspended or deferred.
2. Any person who violates any of the remaining provisions
of this Chapter shall be guilty of a misdemeanor
and shall be punished upon conviction by a fine of
not more than Two Hundred Fifty Dollars ($250.00)
or by imprisonment not exceeding ninety (90)
days or both such fine and imprisonment.
3. The penalties provided by this Section shall
govern violations of this Chapter, notwithstanding
the provisions of Edmonds City Code Chapter 5.45.
5.05.300 Severability. If any section, subsection,
clause, phrase or word of this Chapter or any provision
adopted by reference herein, 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.
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Section 2. Chapters 3.30 and 5.04 of the Edmonds City
Code are hereby repealed.
APPROVED:
MAYOR, H. HARRISON
ATTEST:
CITY CLERK, IRENE J RNEY MORAN
FILED WITH THE CITY CLERK: September 12, 1977
PASSED BY THE CITY COUNCIL: September 20, 1977
PUBLISHED: September 28, 1977
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