Ordinance 1358ORDINANCE NO. 1358
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
PROVIDING FOR THE LICENSING AND LICENSE FEES
FOR DOGS; REQUIRING DOG LEASHES; PROVIDING FOR
THE IMPOUNDING, SALE, DESTRUCTION, MUZZLING,
VACCINATION, REDEMPTION AND REGULATION OF ANIMALS;
PROHIBITING RUNNING AT LARGE AND COMMITTING PUBLIC
NUISANCE BY ANIMALS; PROHIBITING CRUEL OR INHUMAN
TREATMENT OF ANIMALS: OR THE EXPOSURE OF POIS ONS ;
REGULATING UNSPAYED FEMALE DOGS, RABIES INFECTED OR OTHER
DISEASED ANIMALS; PROHITINB NOISY OR STRAY DOGS AND
VICIOUS, ANIMALS; REQUIRING FEE; PROVIDING PENALTIES;
AND REPEALING CHAPTER 4.08 and 5.04 OF THE EDMONDS
CITY CODE AND ORDINANCE NOS. 209, 262, 824, 1326
THE CITY COUNCIL OF THE CITY OF EDMONDS , WASHINGTON,
DO ORDAIN AS FOLLOKS:
Section 5.04.010 Definitions. As used in thisOrdi-
nance, unless the context indicates otherwise:
(a) "Dog" shall include all members of the canine
family and shall be intended to mean both male and
female.
(b) "Owner" shall be intended to mean any person or
persons, firm, association or corporation owning,
keeping or harboring a dog, cat or other animal.
(c) "At large" shall be intended to meanoff the
premises of the owner, and not under the immediate
control of the owner, member of his immediate
family, or person authorized by him, either by
leash, cord or chain.
(d) 'Pount Master" shall mean the person, associa-
tion, or corporation, appointed or authorized,
including contractual authorization, by the Mayor
to carry out the duties of pound master and en-
forcement under this Chapter.
Section _5.04.020 License required. It shall be un-
lawful for any person, firm or corporation to own, possess
or harbor any dog over the age of three months within the
City of Edmonds unless said person, firm or corporation
shall have first procured a license therefor as hereinafter
provided. The provisions of this section shall not be in-
tended to apply to dogs whose owners are non --residents tem-
porarily within the City, nor to dogs brought into the city
for the purpose of participating in any dog show, nor to
"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.
Section L5.04.030. License Issuance Tags. It shall
the duty of the Police Department to issue licenses to per-
sons applying therefor, upon payment of the license fee as
herein provided. Upon the issuance of a license, a metal
tag, with number corresponding to the number of the applica-
tion, shall be furnished to the applicant, who shall cause
the same to be attached or fixed to the dog. Tags shall not
be transferable from one animal to another. The following
fees shall be paid for licenses hereunder:
Dogs, males and spayed female $3.00
Unspayed female dogs 7.00
Replacement of metal tags
.50
Section 5.04.040 Fee due Dates - Penalty. All li-
censes granted hereunder shall be due and fees therefor
payable on the thirtieth day of June, 1968, and annually
thereafter. If the license fee above provided for is not
paid on or before September first of each year, the appli-
cant shall pay a penalty fee of three dollars for each
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license in addition to the regular fee as stated above;
provided, that the fee for an original license application
shall be due and payable within thirty days after any dog
'within the City of Edmonds comes into the charge, care of
control of any person within said city.
(a) Prior to June 30, 1968:, the license fee for all
dogs, males, spayed and unspayed females, shall be $2.00.
Section 5.04.050 Unlicensed dogs a 2gblic nuisance.
im2ounding Procedure. All dogs not licensed hereunder, or
who do not exhibit the metal identification tag hereinabove
provided, or any vicious dogs, are declared to be a public
nuisance and it shall be the duty of the city to impound and
distrain said animals for a period of three days, and if not
sooner redeemed, to sell or destroy said animals upon the
expiration of said period.
It shall be the duty of the city or its appointee to
make reasonable efforts to notify the owner of any licensed
dog distrained andimpounded as herein provided in this chap-
ter. The owner thereof may redeem said distrained animals
as provided herein by payment to the city of the sum of
three dollars and fifty cents plus cost of mainteance for
the period that said animal is in the city's custody.
Section 5.04.060 Dogg excluded from license require-
ments. Any person who awns, harbors or maintains any pack
of dogs exceeding three in number for purposes of commercial
breeding, training or boarding shall not be required to com-
ply with the provisions hereof as long as said animals are
restricted within a building or fenced enclosure, segregated
and not permitted to be at large.
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Section 5 .04.070 Stray dogs a nuisance. It shall
be unlawful for any person to allow any animal to stray or
enter upon any school ground, playfield or any other public
grounds within the City of Edmonds, and any animal so stray-
ing, entering or trespassing upon said property is hereby
declared to be a nuisance and may be impounded as such.
Section 5.04.080 Vicious dogs.
A. It shall be unlawful for any person, firm or cor-
poration which owns, possesses, harbors, has control or
charge of any dog 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 dog in
such a manner that said dog is unable to reach those persons,
in or on a public place, or those persons utilizing the normal
ingress and egress to and from the premises or those persons
lawfully in or on the premises where such a dog is maintained,
or to fail to post signs in two conspicuous places upon the
premises warning those persons who may come upon said pre-
mises of the existence of said vicious dog.
B. Any such dog which is known, or which in the exer-
cise of reasonable care, should be known to be vicious, which
is permitted to run at large or is not rektrained in the
manner provided for in this section or if adequate postings
of notice of the presence of such dog has not been so posted,
is hereby declared to be a public nuisance and may be im-
pounded and destroyed by the city as provided in this chapter.
C. The penalties and procedures provided by this sec-
tion are in addition to those penalties and procedures pro-
vided elsewhere in this chapter and are in no way to be
construed as limiting the authority of the city or its
appointee to act under the other sections of this chapter.
5.04.090 Noisy and tres2assing doss a nuisance -
Abatement procedure. It shall be unlawful to keep or har-
bor any dog which by habitual howling, yelping or barking
annoys or disturbs any person or neighborhood, and the same
is hereby declared to be a public nuisance and may be im-
pounded as such.
It shall be unlawful to suffer or permit any dog to
trespass on private or public property so as to damage or
destroy any property or thing of value and such dog is hereby
declared to be a nuisance and may be impounded as such. When-
ever it shall be affd in writing by three (3) or more
persons having separate residences, or regularly employed
in the neighborhood, that any dog is an habitual nuisance
by reason of trespassing, howling, barking or other noise,
or damage to property, being vicious or by its actions poten-
tially vicious or in any manner causing undue annoyance, the
city or its appointee shall serve notice upon the owner or
custodian that such nuisance mast be abated. Failure to
abate such nuisance, if such nuisance is found to exist,
shall be deemed a violation of this chapter, and in addi-
tion to the penalties herein said dog may be impounded.
Section 5.04.100 Running at large prohibited.
A. No dog, cattle, goat, mule, sheep, swine or domes-
tic 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.
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B. It shall be unlawful for the owner or person hav-
ing charge of any dog or other animal to permit, either wil-
fully or by failure to exercise due care, such animal from
committing a public nuisance or defecate upon the sidewalk
of any public street, or any public place whereon persons
customarily walk.
C . The owner or person having charge of any unspayed
female dog shall confine such animal in a building or en-
closed area during the period such animal or animals are
in heat.
Section 5.04.120 Public nuisance declared - Enforce-
ment. Any animal subject to this chapter found at large or
contrary to any provisions of this chapter, within the cor-
porate limits of the city, or any animal not displaying the
license tag as provided herein, is hereby declared to be a
public nuisance. It shall be the duty of the Police Depart-
ment and/or pound master to impound and distrain all animals
found within the city in violation of this chapter and deliver
such animal to the pound master to be detained, held and dis-
posed of in accordance with the provisions of this chapter.
Any police officer, the pound master or other officer of the
city charged with the enforcement of this chapter may, in
the event of a violation of this chapter, issue a citation
to the owner directing him or her to appear in Court and/or
to post bail in accordance with a bail schedule to be fixed
by the Judge hearing municipal cases.
Section 5.04.121 Notice of im oundin . When any
licensed animal is impounded, the officer or department im-
pounding such animal shall give notice the same day by mail
or leaving written notice at the address contained in the
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license application, and by telephone, if possible, to the
owner informing him of the impounding of such animal and
the reason therefor. When an unlicensed animal is impounded,
notice thereof shall be posted at the Civic Center within
twenty-four hours, giving the type, breed, color, sex and
other identifying characteristics of the animal, together
with the date and place of impounding and 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, and
neither the city nor any officer or agent of the city shall
be responsible for notifying an owner of the impounding of
any dog or other animal under this chapter.
Section 5 .04.13 0 Redemnti on 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 incident to such taking up and
keeping.
Section 5_04.140 Sale of impounded animals. At the
expiration of three (3) days after notice as provided in
Section 5.04.120, the Chief of Police and/or pound master
shall sell such animal at public auction, or otherwise,
after due notice of such proposed sale, to consist of one
publication in the official newspaper of the City of Edmonds;
provided,however, that the publication of notice shall not
be required for the sale of dogs and cats; and after deduct-
ing the legal fees and costs, expenses of picking up, keep-
ing and selling the Chief of Police or pound mix shall
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pay the remainder of the proceeds, if any, into the City Trea-
sury; provided further, that the Mayor is authorized to pro-
vide for the disposal of animals by contract with other appro-
priate agencies, not including vivisectionists.
Section 5.04.150 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.
Section
5.04.160 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 said
animals, and in the event there is no purchaser who offers
to pay such amount, then the city or authorized pound master
shall have the right to and shall cause said animal to be des-
troyed or otherwise disposed of, and the Mayor is authorized
to enter into contracts for disposal with appropriate agencies,
not including vivisectionists.
Section 5.04.170. Disposal of certain _animals. It
shall be lawful for any police officer or pound master to
kill any dangerous or vicious dog or other animal found at
large which cannot be safely taken up and impounded.
Section 5.04..180 Register to be kept ,__Contents. Upon
receiving any such animal the Chief of Police, pound master or
officer in charge of the pound shall enter in a register to be
kept by him for that purpose the name of the person delivering
such animal to him, the date and hour of its receipt or taking,
if taken by an officer, and a description of the animal; he
shall also keep a record of the release or sale of all animals
coming under his charge, showing the name of the owner, if
known, and the name and address of the purchaser of each
animal sold.
Section 5.04.190 Fees authorized. The Chief of Police
and/or pound master shall be entitled to charge fees under
this chapter as follows:
(a)
Impound fees
$3.50
(b)
Board and room per day
2.00
(c)
Pick up dog at owner "s request
3.00
(d)
Pick up second dog or pet at
same time at owner's request
1.50
(e)
Pick up cat at owner's request
1.50
(f)
Pick up second cat or kitten at
same time at owner's request
1.00
(g)
Horses and ponies, impound fee
10.00
(h)
Horses and ponies, board and
room per day
5.00
and the costs of publication of any notice as required by
this chapter.
Section 5.04.200 Hinderance to impounding. If any
person shall wilfully prevent or hinder the impounding of
any animal found running at large in said city, or otherwise
in violation of this chapter, or shall by force or otherwise
remove any animal from the public pound without authority of
the Chief of Police or pound master or officer in charge of
such pound, or without paying all lawful charges against said
animal, or shall wilfully resist or obstruct the Chief of
Police or other officer, or pound master, such person so
offending shall be guilty of a misdemeanor and shall be
punished as provided in this chapter.
Section 5.04.210 Dumping of dogs._and cats unlawful.
It shall be unlawful for any person to dump, deposit or aban-
don any dog, cat or other animal, or the young thereof, within
the city in any manner. In addition to the penalty for viola-
tion 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.
Section 5.04.220 Muzzling and vaccination. Whenever
it becomes necessary to safeguard the public from the dangers
of rabies or other communicable disease, the City Council, if
it deems it necessary for the public health and safety, shall
pass a resolution ordering every person owning or keeping the
infected type animal to confine it or them securely on his
premises unless such animal shall have a muzzle of sufficient
strength to prevent its biting any person. Any unmuzzled dog
running at large during the time of the proclamation shall be
seized and impounded. All dogs noticeably infected with rabies
shall be killed by the pound master or by any police officer,
uithout notice to the owner. Animals impounded during the
first two days of such proclamation shall, if claimed within
five 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 vaccina-
tion of all dogs with anti -rabies vaccine, or other appropriate
vaccines in the case of other animals or diseases.
Section 5.04.230 Rabies - Notice. If a dog is believed
to have rabies or has been bitten by a dog suspected of having
rabies, such dog shall be muzzled and confined by a leash or
chain on the owner's premises and shall be placed under the
observation of a veterinarian at the expense of the owner for
a period of two weeks. The owner shall notify the city of the
fact that his dog has been exposed to rabies, and at his dis-
cretion the pound master and/or Chief of Police is empowered
to have such dog removed from the owner's premises to a veteri-
nary hospital and there placed under observation for a period
of up to two weeks at the expense of the owner.
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It shall be unlawful for any person knowing or suspect-
ing a dog 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 pound master. Every owner, or other person,
upon ascertaining a dog is rabid shall immediately notify the
pound master or a police officer who shall either remove the
dog to the pound or summarily destroy it.
Section 5.04.240 Humane _treatment of animals required.
It shall be unlawful for any person or persons wilfully to
injure or kill any animal by any mode or means causing it un-
necessary fright or pain, and it shall further be unlawful
for any person otherwise causing pain, suffering or injury
to any animal to fail or neglect to aid or attempt alleviation
of any pain, suffering or injury so caused to any animal.
Section 5.04.250 M%osure of poison prohibited. It
shall be 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 of fldd whatever,
on the premises of another, or in any unenc losed place, or
to aid or abet any person in so doing.
Section 5.04.260 Severabilit . Should any clause,
section or provision of this Ordinance be declared invalid
by a court of competent jurisdiction, such ruling shall not
affect the validity of this Ordinance as a whole or any part
thereof other than the part so declared to be invalid.
section 5.04.270 Penalties. Any owner or person hav-
ing charge of any animal which is in violation of any of
the provisions of this chapter shall be guilty of a misde-
meanor and shall be punished by a fine of not more than $500, or
by imprisonment not exceeding ninety (90) days, or by both
such fine and imprisonment.
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Section 5 _04_2.80_ _ Repealer_ Previously existing
Chapters 4.08 (dogs) and 5.04 (Animals at Large) of the
Edmonds City code, as amended, and Ordinances Nos. 209,
262, 824 and 1326 be and the same are hereby repealed.
APPROVED: .
Mayor
ATTEST:
City Cler
Passed by the City Council: April 2, 1968
Filed with the City Clerk: April 2, 1968
Published: T�,-pril 10, 1968
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