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Ordinance 4364ORDINANCE NO. 4364 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF THE EDMONDS CITY CODE TO PROHIBIT THE BREEDING, ADVERTISEMENT AND SALE OF COMPANION ANIMALS WHEREAS, there are aspects of chapter 5.05 ECC which do not reflect current attitudes towards animal welfare; and WHEREAS, it is the desire of the City of Edmonds to address animal overpopulation due to the breeding, advertisement, and sale of companion animals for profit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHING TON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.05.010 of the Edmonds City Code, entitled "Definitions," is hereby amended to read as set forth in Exhibits A, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in -stf:i.ke- through). Section 2. A new section 5.05.134, entitled "The Breeding, Advertisement, and Sale of Companion Animals is Banned," is hereby added to the Edmonds City Code to read as set forth in Exhibits B, which is attached hereto and incorporated herein by this reference as if fully set forth (new text is shown in underline; deleted text is shown in strike through). Section 3 . Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: ~ MAYOR MIKE ROSEN ATTEST/AUTHENTICATED: C~SEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ~ JEFFTARADA - FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DA TE: ORDINANCE NO. : July 18 , 2024 July 23, 2024 July 26, 2024 August 25 , 2024 4364 SUMMARY OF ORDINANCE NO. 4364 of the City of Edmonds, Washington On the 23 rd Day of July, 024, the City Council of the City of Edmonds, passed Ordinance No. 4364. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING PORTIONS OF THE EDMONDS CITY CODE TO PROHIBIT THE BREEDING, ADVERTISEMENT AND SALE OF COMPANION ANIMALS The full text of this Ordinance will be mailed upon request. DA TED this 2Yd day of July, 2024. 3 ECC 5.05 .010, Definitions Page 1 of 4 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. "Co mpa n io n ani m al" refers t o anim als own ed an d ke pt for pu r po se s of enj oym ent and pleasure. rather t h an utility. and include s particul ar ly sp ecies of Canidae. Felldae. and Lep orida e. othe r w ise known as dom esti cated species of d ogs. ca ts . and rabbits. Q.. "Covered animal" means hoofed animals usually found on farms, such as horses, ponies, mules, donkeys, bovine animal, sheep, goats and/or swine. ~-"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 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 . ~-"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. The Edmonds City Code is current through Ordinance 4354, passed March 19, 2024. ECC 5.05.010, Definitions Page 2 of 4 -1=1-. "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). 6. 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. t "Inhumane treatment" means every act or omission whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted. }. "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 . The Edmonds City Code is current through Ordinance 4354, passed March 19, 2024. ECC 5.05.010, Definitions Page 3 of 4 -b. "Pet" is a domestic animal owned and kept by an individual or family for enjoyment and pleasure rather than utility. The term "pet" includes all animals required to be licensed under the terms of this chapter when properly licensed. M. "Potentially dangerous dog" means: (1) any dog that when unprovoked: (a) inflicts a bite or bites on a human, pet or livestock either on public or private property; or (b) chases or approaches a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; or (2) any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety of humans, pets or livestock on any public or private property. -N. "Poultry" means domestic fowl normally raised for eggs or meat and includes, but is not limited to, chickens, turkeys, ducks, geese, pheasants, quail, guinea fowl, pea fowl and other similar domesticated birds. Nothing herein shall be interpreted to conflict with or eliminate any state wildlife licensing requirement with relation to the keeping of any type of fowl. Large fowl over three feet in height or 30 pounds as mature adults, such as emus or ostriches, shall be considered "covered animals" and regulated as such . .Q.. "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 . .P.. "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. Q. "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. R "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. [Ord. 3895 § 1, 2012; Ord . 3655 § 1, 2007; Ord. 3634 § 1, 2007; Ord. 3451 § 1, 2003). The Edmonds City Code is current through Ordinance 4354, passed March 19, 2024. ECC 5.05.010, Definitions Page 4 of 4 The Edmonds City Code is current through Ordinance 4354, passed March 19, 2024. Disclaimer: The city clerk's office has the official version of the Edmonds City Code. Users should contact the city clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.edmondswa.gov Hosted by Code Publishing Company, A General Code Company. The Edmonds City Code is current through Ordinance 4354, passed March 19, 2024 . ECC 5 .05.134, The Breeding, Advertisement, and Sale of Companion Animals is Banned Page 1 of 1 5.05.134 The Breeding. Advertisement. and Sale of Companion Animals is Banned. A. The Deliberate Breedinc of Companion Animals for Profit is Prohibited . It shall be unlawful for any person to delibera tely breed any companion animal, namely any dog, cat, or rabbi t, for the purposes of profit. Violation of this subsection by any person or corporation shall be a civil violation punishable by a fine of not more than one tho usand dollars {$1000) per litter deliberately bred. Anyone found guilty of this provision may cure this fine by providing proof that all of the animals bred and their offspring have been spayed or neutered to the animal control officer, via inspection of the animals in question and veterinary records, and that all breeding activity on the property has ceased. 8. Advertisement and Sale of Companion Animals Prohibited. It shall be unlawful for any person to sell or offer for sale any companion animal, namely any dog, cat, or rabbit. A retail pet store may provide spa ce and appropriate care for animals owned by a publicly op erated animal control agency or nonprofit animal welfare organization for the purpose of adopting spayed or neutered dogs, cats or rabbits to the public. Violation of this subsection by an y person or corporation shall be a civil violation, punishable by a fine of two hundred fifty dollars ($250) per animal per day . 1. Exception for Accidental Litters. The prohibition on t he deliberate breeding of companion animals for profit in 5.05.134(a) shall not apply to litters of compan ion animals which we were bred due to accident, provided that the person responsible for the animals provides proof to the animal control officer that the animals bred have been spayed or neutered . 2. Exception for Rehoming Fees: The proh ibiti on on the advertisement and sale of compan ion animals in 5.05.134(b) shall not apply to rehoming fees required when adopting any companion animal for the purposes of ensuring that the animal is adopted into a safe environment. 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 date 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 part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of I 921, as amended by Chapter 213, 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, 1941, and that the annexed is a true copy of EDH999845 ORD 4362-4364 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of I issue(s), such publication commencing on 07/26/2024 and ending on 07/26/2024 and that said newspaper was regularly distributed to its subscribers during all of said period. The amou $39.56 . is Subscribed and sworn before me on this L, U.~ day of j LA.-L y ) Notary Public in and for the State of Washington. City of Edmonds -LEGAL ADS I 14J0hll6 SCOTT PASSEY Classified Proof INANC ~ MARY orthe o n. , a&hlnglon . On lhe 23rd Day or Ju , 2024 , Ole City Counc n or lhe City or Edmonds, passed lhe ro owing On!ltlances the summary ol said ordlnances tonti:sUog or iues aro provided as follows: ORDINANCE NO 4362 AN ORDINANCE OF THE CITY OF EDMONDS; WASH INGTON . AMENDING THE CITY'S AUTHORIZED EMPLOYEE POSITIONS ANO PAY RANGES ANO REPEALING ORDINANCE 4359 . ORDINANCE NO. 43~ AN ORDINANCE OF THE CITY~F EDMNDS, WASHINGTON, AMENOlf!G•OROINANCE NO. ,~g AS A RESULT OF UNANTICIPA TEO 'rRANSFERS AND EXPENDITURES OF VARIOUS FUNDS , ANO FlX ING A TIIA E WHEN THE SAME SHALL BECOME EfFECjlVE. AN ORDINANCE OF~~~~~f;,c13r~~~g~DS, WASHINGTON , AMENDING PORTJONS OF THE EDMON OS CITY CODE: TO PROHIBIT THE BREEDING, ADVERTISEMENT AND SALE OF COMPANION ANIMALS DATED tlll• 231d Day or July, 2024 . CITY CLERK, SCOTT PASSEY Published: July 26, 2024 . EOH999045 Proofed by Pospical, Randie, 07/26/2024 09:29:36 am Page:2