Ordinance 4116ORDINANCE NO. 4116
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ECC 5.05 TO ADOPT A NEW
PROVISION "LEAVE OR CONFINE ANY ANIMAL IN
UNATTENDED MOTOR VEHICLE OR ENCLOSED SPACE —
PENALTIES — OFFICERS' AUTHORITY TO REASONABLY
REMOVE ANIMAL" AS SECTION 5.05.128.2; PROVIDING
FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, Washington state statutes establish penalties for leaving or confining
animals in unattended motor vehicles or enclosed spaces; and
WHEREAS, the City Council has determined that there is a need to update the
provisions of Chapter 5.05 of the Edmonds City Code ("ECC") ("Animal Control") to adopt
these provisions for the protection of animals within the City of Edmonds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 5.05 of the ECC Animal Control is hereby amended to
adopt a new Section 5.05.128.2, to read as follows:
5.05.128.2 Leave or confine any animal in unattended motor vehicle or enclosed
space — Penalties — Officers' authority to reasonably remove animal.
A. Any person who leaves or confines any animal in an unattended motor vehicle or
enclosed space if the animal could be harmed or killed by exposure to excessive heat,
cold, lack of ventilation, or lack of necessary water shall be guilty of an infraction.
B. Penalties
1. First infraction: punishable by a fine of $100.00.
2. Second infraction: punishable by a fine of $250.00.
3. Third and subsequent infractions: punishable as a misdemeanor.
4. All fines set forth herein shall be in addition to any other fine or deposit
forfeiture otherwise provided by city ordinance.
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C. To protect the health and safety of an animal, an animal control officer or law
enforcement officer who reasonably believes that an animal is suffering or is likely to
suffer harm from exposure to excessive heat, cold, lack of ventilation, or lack of
necessary water is authorized to enter a vehicle or enclosed space to remove an
animal by any means reasonable under the circumstances if no other person is present
in the immediate area who has access to the vehicle or enclosed space and who will
immediately remove the animal. An animal control officer, law enforcement officer,
or the department or agency employing such an officer is not liable for any damage to
property resulting from actions taken under this section.
D. Nothing in this section prevents the person who has confined the animal in the
vehicle or enclosed space from being convicted of separate offenses for animal
cruelty under ECC 5.05.128.
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 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
specifically 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 :
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FEW,: • �
'D': P�9- ,
MA OR, DAVID O. EARLING
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WA.-mma-
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FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
June 22, 2018
June 26, 2018
July 1, 2018
July 6, 2018
4116
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SUMMARY OF ORDINANCE NO.4116
of the City of Edmonds, Washington
On the 261h day of June, 2018, the City Council of the City of Edmonds, passed
Ordinance No. 4116. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ECC 5.05 TO ADOPT A NEW
PROVISION "LEAVE OR CONFINE ANY ANIMAL IN
UNATTENDED MOTOR VEHICLE OR ENCLOSED SPACE —
PENALTIES — OFFICERS' AUTHORITY TO REASONABLY
REMOVE ANIMAL" AS SECTION 5.05.128.2; PROVIDING
FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 27th day of June, 2018.
54�
CITY K, SCOT SEY
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard 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 1921, 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 EDH814727 ORDINANCE NO.
4116 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
07/01/2018 and ending on 07/01/2018 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$27:5
Subscribed nd sworn fore me on this
day of
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7
4N,otarPublicand for the State of
Washington.
City of Eft-6 - LEGAL ADS 114101416
SCOTT PASSEY
Linda Phillips
fdoiary Public
State of t'�'-�shington
MYARpolnimentExpires 08►29l2021
Classified Proof
SUMMARY OF ORDINANCE f¢O. A I16
of Vie City or Edmonds, Wasldnalvn
On the 26th day of June, 201a, llle City Ccuncll of the City of
Edmonds, passed Ordlnancp Nv. 4TI6 A summary or the content
of Bald vidiI,."% cvnsV44ng ciSRe ti0a, Wes as �IkJwS
AN ORDINANCE OF YHE CITY OF EDMONDS.
WASHINGTON. AMENDING ECC 5.05 TO ADOPT A NEW
PROVISION 'LEAVE OR CONFINE ANY ANIMAL IN
UNA-TENDED MOTOR VEHICLE OR ENCLOSED SPACE
PENALTIES - OFFICERS' AUTHORITY TO REASONABLY
REMOVE ANIMAL' AS SECTION 5.06.123,2: PROVIDING
FOR SEVERADILITY; AND SETTINO AN EFFECTIVE DATE
Trio full text gims Orcomnce WIII be mailed upon request
DATED this 27th day of June, 20IS.
CITY CLERK, SCOTT PASSEY
Published: July 1, 2018 EDH814727
fps .n _�' S -w ::l
Proofed by Sheppard, Dicy, 07/02/2018 10:14:58 am Page: 2