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Ordinance 4325ORDINANCE NO. 4325 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.05 ECC (ANIMAL CONTROL) TO UPDATE CERTAIN PROVISIONS RELATING TO REQUIREMENTS FOR DANGEROUS DOGS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DA TE. WHEREAS, the City has, under Edmonds City Code (ECC) Section 5.05.122 (Animal Control, Dangerous Dogs), adopted certain requirements relating to the keeping of dangerous dogs in the City of Edmonds; and WHEREAS, the Edmonds Police Department is taking over processing certain elements of dangerous dog applications from the City Clerk's Office; and WHEREAS, the ECC currently directs applicants to the City Clerk's Office to obtain applications and contains minor typographical errors; and WHEREAS, after review and discussion, the City Council has determined it to be appropriate to amend ECC 5.05.122 to update certain dangerous dog provisions to provide accurate information to the public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 5.05 .122, Subsection F, is hereby amended to read as follows (new text shown in underline; deleted text shown in s trilee tl=tro~gl~): 5.05.122 Dangerous dogs. The provisions of this section apply to the extent they are not inconsistent with the provisions of Chapter 16.08 RCW. A. Declaration. Upon declaration by the animal control authority that a dog is a dangerous dog as defined in ECC 5.05.0 I 0, 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 ECC 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 days of service of the dangerous dog declaration; 5. A copy ofECC 5.05.123 regarding appeal procedures; 6. A copy ofECC 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. E. Appeal. Appeals shall be heard by the judge of the Edmonds municipal court and conducted in accordance with ECC 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: I. 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, must obtain a city of Edmonds dangerous dog certificate of registration. The applicant shall apply for such certificate upon forms supplied by the Edmonds Police Department 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 .1! dangerous dog shall provide for proper enclosure of a the dangerous dog. A dangerous dog may not be outside of the dwelling of the owner or outside of a 2 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 . G. Failure to Comply with Dangerous Dog Requirements. Any dangerous dog shall be seized and removed by animal control officer if: I. 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; 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; or 5. The owner has failed to post the property with warning signs as required . H. 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. I. The provisions of this section shall not apply to dogs used by law enforcement officials for police work. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such 3 invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFFT~ - FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL : PUBLISHED: EFFECTIVE DA TE: ORDINANCE NO. APPROVED : October 13, 2023 October 17, 2023 October 20, 2023 October 25, 2023 4325 4 SUMMARY OF ORDINANCE NO. 4325 of the City of Edmonds, Washington On the 17 th day of October, 2023, the City Council of the City of Edmonds, passed Ordinance No. 4325. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.05 ECC (ANIMAL CONTROL) TO UPDATE CERTAIN PROVISIONS RELATING TO REQUIREMENTS FOR DANGEROUS DOGS; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DA TE. The full text of this Ordinance will be mailed upon request. DA TED this 17rn day of October, 2023. Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Michael Gates being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the dale of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or pa11 in the Everett Daily Herald and is of general circulation m said County, and is a legal newspaper, m accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 2 I 3, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, I 941, and that the annexed is a tru e copy of EDI-1986014 ORDS 4325,-6 ,-7 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 10/20/2023 and ending on 10/20/2023 and th at said newspaper was regularly distributed to its subscribers during all of said period. The amount of th $44.72. ub lica tio n i • Subscrib~ and sworn !:::~ this r::::2 0 day of ~, . s::?ZJ~ Washington. Ci1 y of Etltthimls -LEGAL AD S j 14101416 SCO IT PA SSL::Y Linda Phillips Notary Public State of Washington My Appointment Expires 8/29/2025 Commission Numbe:r 4.t 17 Classified Proof ORDINANCE SM'AMARY of tho CHy ol Edn,on . Washinglon On lh• 171h Day of October 2023 . lh• c;iy Couru:•I of lllft Clly cf Edmonds. pM,ed l hfl ro uowlng Ordin.,nco~. lho summar1•• of said ord1n•nces consisting J~~ ... :u1~i~1 •i to •ows . AN ORo1NANcE oF t11E c1W oF EDMONDs. WASH INGTON . AMENDING CHAPTER 5 .05 ECC (AN IMA L CONTROL) TO UPDATE CERTAIN PROVISIONS RELATING TO REOUIRl:MENTS FOR DANGEROUS DOGS: PROVIDING FOR SEVERABILITY: ANO SETT ING AN EFFECTIVE DATE . ORDINANCE NO •326 AN ORDINANCE OF ll-11: CtTY OF EDMONDS . WASHINGTON . AMENOlNG CHAPTER 5,01 ECC (PUBLIC SAFElY Al)ID MORALS , PREL II.IINARY ARTICLE) TO ADOPT BY REFERENCE RCW ~94A .835: PROVI DING FOR SEVERABlLITY; AND SETTING Aloi EFFECTIVE DATE. ORDINANCE NO. 4327 AN ORDINANCE OF THE CITY OF EDMONDS . WASHINGTON, ADOPTING SEC"\"tON 5.36 .045 ECOC ENTITLED "VEH ICLE TRE SPAss·: PROVIDING FOR SE\/ERABILITY; P,ND SETTING AN EFFECTIVE DATE. g~egL~~~.7~~,-•Jf~~~r, 2023. Published: October 20, 2023 . EDHg86014 Proofed by Phillips, Linda, 10/20/2023 08:38:15 am Page: 2