Ordinance 3634ORDINANCE NO. 3634
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 5.05 OF THE EDMONDS CITY CODE RELATING
TO ANIMAL CONTROL BY AMENDING SECTION 5.05.010
TO ADD A NEW DEFINITION FOR "PET" AND ADDING A
NEW SECTION 5.05.110 CRIMES RELATING TO THE
CONFINEMENT OF ANOTHER' S ANIMAL, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City Council finds that the trapping of pets for the purpose of
depriving an owner of the pet's company and enjoyment should be a criminal act, and
WHEREAS, the City Council wishes to make other acts, potentially harmful to
the welfare of animals, crimes or civil infractions, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. ECC 5.05.010 Definitions is hereby amended by the addition of a
new section L, and the renumbering of current sections L through Q to accommodate the
addition of the new definition, such definition to read as follows:
5.05.010 Definitions.
L. "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.
Section 2. Chapter 5.05 Animal Control is hereby amended by the addition of
a new Section 5.05.110 Crimes relating to the confinement of another's animal and the
abatement of private nuisances.
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5.05.110 Crimes relating to the confinement of another's
animal and the abatement of private nuisances.
A. An owner of private real property has the right under
Washington common and statutory law to protect his or her
property from trespass by persons or other instrumentalities
including covered and domestic animals such as pets. The City
Council finds that the exercise of these civil rights are limited by
animal cruelty laws and other ordinances and statutes intended to
protect the health and safety of animals. Further, the City Council
finds that the inappropriate or negligent use of even humane traps
may pose a threat to animals and therefore prohibits the use of all
traps except under the conditions set forth in this ordinance.
B. Crimes.
1. Unlawful capture or confinement of a pet. A person
is guilty of crime of the unlawful capture or confinement of a pet if
a person traps, captures or otherwise confines an animal known by
the person to be the pet of another. The unlawful capture or
confinement of a pet shall be a gross misdemeanor punishable as
provided in Section 5.50.020.
2. Trapping. It shall be unlawful for any person by
means of a trap or similar mechanical device to intentionally trap a
domestic animal, covered animal or pet. Trapping shall be a
misdemeanor punishable as provided in Section 5.50.020. Nothing
herein shall be interpreted to prohibit a property owner from using
other lawful means to drive off a covered and domestic animal or
pet of another.
3. Negligent confinement of an animal. A person is
guilty of the crime of negligent confinement of an animal if a
person who traps, captures or confines an animal fails to promptly
release an animal which the person knows or should have known
to be confined and which is not the property of that person. The
term "release" shall include a report to a law enforcement or
animal control officer of the City of Edmonds. Negligent
confinement of an animal shall be a misdemeanor punishable as
provided in Section 5.50.020.
C. Defenses. The following acts are excluded from the crime
of unlawful capture or confinement of a pet as set forth in Section
B(1) or trapping as set forth in Section B(2) above:
1. The capture, trapping or confinement of an injured
or diseased animal in order to protect the animal from harm or in
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order to deliver or report the animal to a veterinarian, animal
control officer, Washington State wildlife official, animal shelter
or other charitable or governmental agency charged with animal
welfare and protection; and /or
2. The actions of a city, county or state animal control
officer, law enforcement officer or other public safety officer in the
performance of his or her duties.
Section 3. 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 invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 4. Effective Date. This ordinance, being subject to referendum, shall
take effect thirty (30) days after passage and publication of an approved summary thereof
consisting of the title, unless a referendum petition is filed pursuant to Chapter 35A.I I RCW.
APPROVE
MAYOAeA HAA ENSON
1 0
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE O T I:EY:
BY CC- ?,
W. SCOTT SNYDEX- (Y V
FILED WITH THE CITY CLERK: 03/23/2007
PASSED BY THE CITY COUNCIL: 03/27/2007
PUBLISHED: 04/01/2007
EFFECTIVE DATE: 05/01/2007
ORDINANCE NO. 3634
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SUMMARY OF ORDINANCE NO. 3634
of the City of Edmonds, Washington
On the 27th day of March, 2007, the City Council of the City of Edmonds, passed
Ordinance No. 3634. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 5.05 OF THE EDMONDS CITY CODE RELATING
TO ANIMAL CONTROL BY AMENDING SECTION 5.05.010
TO ADD A NEW DEFINITION FOR "PET" AND ADDING A
NEW SECTION 5.05.110 CRIMES RELATING TO THE
CONFINEMENT OF ANOTHER' S ANIMAL, AND FIXING A
TIME WHEN THE SAME SHALL BEOMCE EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 28th day of March, 2007.
. d^A,,/ &/�
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3634 {
oTt–he–Ul-ty—ofridnionds, Washington
On the 27th day of March, 2007, the City Council of the
City of Edmonds, passed Ordinance No. 3634. A summary
of the content of said ordinance, consisting of the title, pro-
vides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WA-
SHINGTON, AMENDING THE PROVISIONS OF CHAP-
TER 5.05 OF THE EDMONDS CITY CODE RELATING
TO ANIMAL CONTROL BY AMENDING SECTION .
5.05.010 TO ADD A NEW DEFINITION FOR'PEr AND
RELAT-
ING ADDING TO THE E C O CONFINEMENT FIIN MENT OF S
ANOTHER ANI-
MAL, AND FIXING A TIME WHEN THE SAME SHALL ^ 1
BECOME EFFECTIVE. '
I The full text of this Ordinance will be mailed upon request.
l DATED this 281h day of March, 2007.
CITY CLERK, SANDRA S. CHASE %
LPublished: April 1,2007.
RECEIVED
!APR 0 9 2007
EDMONDS CITY CLERK
Affidavit of Publication
S.S.
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
Summary of Ordinance No. 3634
City of Edmonds
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 01, 2007
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
day of April, 2007
Notary Public and fol the State of Washington, residin
County. /
2nd
eft,
OF WASNON
Account Name: City of Edmonds Account Number. 101416 Order Number. 0001491488