Ordinance 27110006.16003:LKN00054O
LKN/kld
06/12/87
RPB/imm
R:12/22/88
R:12/30/88
R:01/16/89 2711
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 5.05 OF THE EDMONDS CITY CODE,
ENTITLED "ANIMAL CONTROL," TO REORGANIZE EXISTING
SECTIONS, AND CLARIFY PROCEDURES AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council of the City of Edmonds finds that
the reorganization and clarification of procedures contained in
Chapter 5.05 will promote the public health, safety and welfare,
now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS DO ORDAIN AS
FOLLOWS:
Section 1. The provisions of Chapter 5.05 of the Edmonds
City Code entitled "Animal Control" are hereby amended to read as
follows:
5.05.001 INTRODUCTION. The purpose of this chapter is to
provide for the reasonable regulation of animals as well as
promote the public's health, safety and welfare.
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
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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 hooved 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: (a)
inflicted severe injury on a human being without
provocation on public or private property; (b) killed a
domestic animal without provocation while off the
owner's property; or (c) 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.
F. "Domestic animal" means any animal that is usually
tamed and bred by humans.
G. "Exotic animal" means any animal that is not native to
the United States.
H. "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.
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.
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L. "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 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.
5.05.020 DOG LICENSING.
A. License Re uired. 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. whose owners are nonresidents temporarily within
the city;
2. brought into the city for the purpose of
participating in any dog show;
3. seeing -eye dogs properly trained to assist blind
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persons, when such dogs are actually being used by
a blind person, for the purpose of aiding them
from place to place; or
4. 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 $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 ECC 5.05.020 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
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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 Section 5.50.200; 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 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, and the late
fee provided above shall be imposed 60 days after
the date said license fee and application become
due and payable.
F. 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 Section 5.05.126.
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:
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A. Impound fees
B. Board and room per day
C. All other services
In Dollars
$5.00
$7.00 or the actual
costs incurred,
whichever is greater
Costs incurred
5.05.040 ANIMAL BITES T❑ 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 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 dog to allow such dog 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. 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, play field, park, beach or other public property;
provided, however, dogs accompanied by their owners and on a
leashes not more than eight (8) feet in length may be walked
or exercised within a limited access corridor south of the
Union Oil loading terminal within Edmonds Marina Beach Park,
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 Edmonds Marina Beach Park. Except as provided above, no
dog shall be permitted to stray and/or enter any area of the
Edmonds Marina Beach Park other than the walking strip
defined above. 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 Director of Parks and Recreation.
5.05.070 ANIMAL WASTE.
A. It shall be unlawful for the owner or person having
charge of any dog or 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 dog or other animal, to take said dog or
animal, off of the private property of said person
without having in the possession of the owner or person
having charge of the dog or animal, a proper means of
disposal for the feces of the dog or other 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 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 weeks. 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 two weeks at the owner's expense.
B. It is unlawful for any person knowing or suspecting an
animal has rabies to allow such dog 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
pound or summarily destroy it.
5.05.100 DANGEROUS DOGS -- REGISTRATION PROHIBITIONS ETC.
A. Licensing. 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 RCW 16.08,
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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 RCW 16.08 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.
B. It is unlawful for an owner to have a dangerous dog in
the City of Edmonds without a "certificate of
registration" as required by RCW 16.08 and a "City of
Edmonds Dangerous Dog Certificate of Registration" as
required by this section.
C. It is unlawful for an owner of a dangerous dog to
permit the dog to be outside the "proper enclosure" as
defined in Section 5.05.010, 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 nor interfere with its vision or
respiration but shall prevent it from biting any person
or animal. The owner of a dangerous dog shall further
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.
D. Any dangerous dog shall be immediately confiscated by
the animal control authority if (a) the dog is not
validly registered under this section and RCW 16.08;
(b) the owner does not secure the liability insurance
coverage or surety bond as required by RCW 16.08; (c)
the dog is not maintained in the proper enclosure; or
(d) the dog is outside of the dwelling of the owner or
outside of the proper enclosure and not under physical
restraint of the responsible person. Any dangerous dog
confiscated under this section will be disposed of as
an unredeemed animal and the owner has no right to
redeem such dog. In addition, the owner shall be
guilty of a gross misdemeanor punishable in accordance
with RCW 9A.20.021.
E. The provisions of this section shall not apply to dogs
used by law enforcement officials for police work.
5.05.110 ENFORCEMENT POWER.
A. The animal control authority and its officers are
authorized to take such lawful action as may be
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required to enforce the provisions of this chapter and
the laws of the State of Washington as they pertain to
animal cruelty, shelter, welfare and enforcement of
animal control.
B. No person shall fail or neglect, after a proper warrant
has been presented, to promptly permit the director or
his authorized animal control officer or city law
enforcement officer to enter private property to
perform any duty imposed by this chapter.
5.05.120 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 domesticated animal which chases, runs after
or jumps at vehicles using public streets and
alleys;
2. Any domesticated 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 the person of suitable age and
discretion to control or restrain such animal;
5. Any domesticated animal which howls, yelps,
whines, barks or makes other oral 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;
7. Animals running in packs;
8. Any dog running at large within the city; or
9. A female domesticated animal, whether licensed or
not, while in heat, accessible to other animals
for purposes other than controlled and planned
breading.
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
punishable under the provisions of subsection 5.50.200.
5.05.121 VIOLATION NOTICES.
A. Notices - - - 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 by reason of habitual howling, barking or
other noises; causes damage to property; or is
maintained in violation of this chapter, or otherwise
constitutes a nuisance as set forth in Section
5.05.120, the animal control authority shall serve a
notice of violation and order upon the owner or person
having physical charge and control of the animal
directing that the nuisance be abated; provided that
this section shall not apply to dangerous dogs.
B. Contents of Notice and Order. The notice and order
shall contain:
1. the name and address, if known, of the owner or
person presumed to be the owner of the animal in
violation of this chapter;
2. the license number, if available, and description
of the animal in violation sufficient for
identification;
3. a statement that the animal control authority has
found the animal maintained illegally, with a
brief and concise description of the conditions,
found to render the animal in violation of this
chapter; and
4. a statement of the action required to be taken, as
determined by the chief of police as head of the
animal control authority:
a. If the animal control authority has
determined the nuisance must be abated, the
order shall require that the abatement shall
be completed within a time certain from the
date of the order as determined by the chief
to be reasonable;
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b. If the hearing examiner has assessed a civil
penalty, the order shall require that the
penalty shall be paid within fourteen (14)
days from the date of the order.
5. Statements advising that, if any required abate-
ment is not commenced within the time specified,
the animal control authority will proceed to cause
abatement and charge the costs thereof against the
owner.
6. Statements advising that: (a) a person having a
legal interest in the animal may appeal from the
violation notice and order or any action of the
animal control authority to the hearing examiner;
provided the appeal is made in writing as provided
by this chapter and filed with the head of the
animal control authority within fourteen (14) days
from the date of service of such notice and order;
and (b) failure to appeal will constitute a waiver
to all right to an administrative hearing in
determination of the matter.
7. Nothing herein shall be deemed to limit the
authority of any police officer or animal control
officer to take up and impound an animal as herein
provided.
C. Service of Notice. Notice shall be served in
accordance with the following provisions:
1. The notice and order shall be served on the owner
or presumed owner of the animal in violation;
2. Service of the order shall be made upon all
persons entitled thereto, either personally or by
mailing a copy of such notice by certified mail,
postage pre -paid, return receipt requested to each
person at his/her last known address;
3. Proof of service of the notice and order shall be
made at the time of service by a written
declaration under penalty of perjury executed by
the person affecting service, declaring the time,
date and manner in which service was made.
5.05.122 APPEAL - AUTHORITY. The designated hearing
examiner under the provisions of this chapter shall be the
Judge of the Edmonds Municipal Court. Such hearing examiner
is to hear appeals by parties aggrieved by actions of the
animal control authority pursuant to the provisions of
section 5.05.121. All decisions and findings of the hearing
examiner shall be in writing, with a copy to the chief of
police as head of the animal control authority.
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5.05.123 APPEAL - FORM. Any person entitled to service
under Section 5.05.121 may appeal from any notice and order
of any action of the animal control authority by filing
within fourteen (14) days from the date of the service of
such notice and order, a written appeal in the Edmonds
Municipal Court containing:
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;
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.
5.05.124 APPEAL - PROCEDURES.
A. The hearing examiner shall set a time and place,
not more than thirty (30) days from such notice of
appeal for hearing thereon. Written notice of the
time and place of hearing shall be given at least
ten (10) days prior to the date of the hearing to
each appellant.
B. At the hearing, appellant shall be entitled to
appear in person and be represented by counsel and
offer such evidence pertinent and material to the
action of the animal control authority. Only
those matters or issues specifically raised by the
appellant in the written notice of appeal shall be
considered.
C. Failure of any person to file an appeal in
accordance with Section 5.05.125 shall constitute
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a waiver of his or her right to an administrative
hearing.
D. Enforcement of any notice and order of the animal
control authority issued under this chapter shall
be stayed during the pendency of an appeal, except
impoundment of an animal which is: (1) vicious or
dangerous; or (2) cruelly treated.
5.05.125 FAILURE TO ABATE A NUISANCE. Failure to abate a
nuisance and failure to continue such abatement for a period
of at least two years from the date of the notice of
abatement shall constitute a violation of this chapter. In
addition to the penalties provided in this chapter, the
animal may be impounded as provided in this chapter.
5.05.126 IMPOUNDMENT.
A. The animal control authority and its authorized
representatives are authorized to apprehend and impound
any animals found doing any of the acts defined as a
public nuisance and/or being subjected to cruel
treatment. The animal shall be impounded and held in
accordance with the provisions of Section 5.05.127.
B. Persons other than authorized animal control officers
and their representatives who take into their
possession any stray animal, not owned by them or not
placed into their possession by the person having the
lawful custody and control thereof, shall be required
to notify the animal control authority or police within
24 hours, and to release such animal to said city
officer or deliver such animal to a shelter designated
as the City's animal shelter. Failure to comply with
the provisions of this section shall constitute a
misdemeanor and subject the violator to the penalties
set forth in Section 5.05.140.
5.05.127 IMPOUND PROCEDURES.
A. Notice of Impounding. When any licensed animal is
impounded, the officer or department impounding such
animal shall notify the owner of the impoundment and
the reason therefore 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.
B. Redemption of Animals by Owner. Unless otherwise
provided in this chapter, the owner of an impounded
animal may claim the same, at any time prior to sale or
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disposal by the city and shall be entitled to the
possession thereof upon payment of all legal charges
and expenses incidental to such taking up and keeping
of said animal.
C. Sale ❑f Impounded Animals. At the expiration of the
three days' notice, as provided in subsection (A) of
this section, the animal control authority shall sell
such animals 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 control authority shall pay the remainder of
the proceeds, if any, into the city treasury.
D. Disposition. Any animal not redeemed or sold by the
city for at least the full amount of license fees and
fees for impounding, restraining 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.
E. Disposal of Certain Animals. It is lawful for any
police officer or animal control officer to kill any
dangerous or vicious dog or other animal found at large
which cannot, in their judgment, be safely taken up and
impounded.
F. Impounding Sick ❑r 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.
G. 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 public pound without
the authority of the chief of police, the animal
control authority or the officer in charge of the
pound;
3. remove the animal from the public pound 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.
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5.05.128 CRUELTY VIOLATIONS DECLARED UNLAWFUL. It is unlaw-
ful for any person to:
1. wilfully and cruelly injure or kill any animal by
any means;
2. by reason of neglect or intent to cause or allow
any animal to endure pain, suffering or injury or
to fail or neglect to aid or attempt alleviation
of pain, suffering or injury he has so caused to
any animal;
3. lay out or expose any kind of poison, or to leave
exposed any poisoned food or drink for man, animal
or fowl, or any substance or fluid whatever,
whereon or wherein there is or shall be deposited
or mingled, any kind of poison or poisonous or
deadly substance or fluid whatever, on any
premises, or on any unenclosed place, or to aid or
abet any person in so doing, unless in accordance
with the provisions of RCW 16.52.190;
4. abandon any domestic animal by dropping off or
leaving such animal on the street, road or
highway, or in any other public place, or on the
private property of another; or
5. confine any animal without adequate water, air
and/or food or in a confinement in which the
animal is subject to extremes of heat or cold; for
example, but not limited to, confinement within an
automobile without adequate ventilation or
protection from extremes of temperature.
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
Reauirements 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
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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.
2. The stable housing the livestock animal shall be
set back at least 30 feet from any side, rear and
front property lines.
3. In the event the livestock animal gives birth,
thereby exceeding the number of covered animals
allowed by the minimum set forth in this
subsection, the owner of said covered animal
and/or the occupier of the premises shall conform
to the number of covered animals or the
dimensional requirements within one year of the
birth of said covered animal.
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 Dis oral. 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.
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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 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. Citizen Complaints t❑ be Reviewed by the Hearin
Examiner. 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 two persons from two
or more households. Such complaint shall be filed with
the hearing examiner who, after public notice and
hearing as prescribed for conditional uses, may require
the abatement, discontinuance or remedial requirements
for the use if he 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 said animal is maintained, and/or
the owner of said animal is maintained, and/or the
owner of said animal, fails to comply with the order of
the hearing examiner within the time prescribed, 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. The animal control
authority may in its discretion initiate an abatement
proceeding before the hearing examiner or pursue
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criminal sanctions provided for by this chapter and
nothing herein shall be interpreted to require the
authority to pursue abatement prior to the filing of a
complaint. Nothing in this section shall be construed
as preventing a police officer or other appropriate
governmental official from initiating a complaint for
violation of this section without first filing a
complaint with or appearing before the hearing
examiner.
H. Areas of Maintenance Zoning and Related ❑rdinances.
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.
I. Variances. The dimensional requirements and exercises
of the city's police power and no nonconforming use
right should be created with respect to any structure
or lot, provided, however, that 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 hearing
examiner for a variance from the strict requirements of
this section. The hearing examiner shall hold a public
hearing after public notice has been given in the case
of a variance. The hearing examiner may grant a
variance as set forth in this subsection 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 hearing examiner 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 code.
2. Special conditions and circumstances exist which
are peculiar to the premises in question, such as
preexisting structures or improvements or 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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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 the variance is
the minimum variance that will allow utilization
of the covered animal or animals.
5.❑5.13I 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.
5.05.132 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.
5.05.133 MISCELLANEOUS REGULATIONS.
A. Duty When Striking ❑omestic 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 Section 5.50.200.
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.
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5.05.134 STAY OF ENFORCEMENT. Enforcement of any notice
and order issued by the animal control authority issued
under this chapter shall be stayed during the pending of an
appeal except impoundment of an animal which is (a) vicious
or dangerous, or (b) cruelly treated.
5.05.140 PENALTIES.
A. Criminal penalty. Unless otherwise provided, any
person who violates any of the provisions of this
chapter shall be guilty of a misdemeanor and upon
conviction shall be punished as set forth in Section
5.50.200 of the city code.
B. Civil penalty. In addition to any other penalty
imposed, any person whose animal is in violation of
this chapter shall incur a civil penalty in an amount
not to exceed two hundred fifty dollars per violation
plus actual costs incurred by the animal control
authority. This penalty shall be directly assessed by
the Chief of Police, or his designee. The Chief of
Police, in a reasonable manner, may vary the amount of
the penalty assessed to consider the appropriateness of
the penalty to the nature and type of violation; the
gravity of the violation; the number of past and
present violations committed and the good faith of the
violator in attempting to achieve compliance with
prescribed requirements or after notification of a
violation. All civil penalties assessed will be
enforced and collected in accordance with the procedure
specified in this chapter.
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. In 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. The provisions of this ordinance do not apply
to or govern the construction of and punishment for any offense
committed prior to the effective date of this ordinance, or to
the construction and application of any defense to a prosecution
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for such an offense. Any such offense shall be construed and
punished according to the provisions of law existing at the time
of the commission thereof in the same manner as if this title had
not been enacted.
Section 3. This ordinance shall take effect and be in
full force 30 days after publication of the attached summary
which is hereby approved.
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FI ED WITH TtYE CITY CLERK: January 18, 1989
PASSED BY THE CITY COUNCIL: April 28, 1989
PUBLISHED: April 30, 1989
EFFECTIVE DATE: May 30, 1989
ORDINANCE NO. 2711
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STATE OF WASHINGTON,
COUNTY OF SNOHO1vISH,
trrrOINANIE No. 2711
ECmantlseCltv wostIln on
th , ihp M AurII
Edmanoa, uasseo raa,v�•�
2711. A surnmory of the cc
of sold Ordinance, canslslli
thANlleurrSINANCE OF&7
CITY FFCC OF EOMONI
WASHINGTC N AMENOI
CHAPTER OF
SCIT X.
ONOCOf
DATE W1-IEN THE SAME
SHALL BECOME EFFEC-
TIVE.
The lull taxi of this Ordinance
will be meHerl upon request.
VrEO lhls 75th day of Anrll,
1987.
JACQUELINE G. PARRETT
Clty Clerk
Published: April 30, 1989.
S&
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
Summ. of Ordinance n0. 2711
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 30, 1989
and that said newspaper was regularly distributed to its subscribers
during all of said period.
J
t . /
!r.
v
principal Clerk
L'' L•
Subscribed and sworn to before me this.3Qzh...............
day of.......... rAg 1-------------------- 19.. 89.
:......}. ................. ............ .....:.... ......
Notry Public Ih and for the State of Washington,
residing at Everett, Snohomish County.
B-2-1