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Ordinance 254507/30/85 WSS/na 2545 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 5.05 RELATING TO ANIMAL CONTROL BY AMENDING SECTION 5.05.070 TO PROVIDE FOR CERTAIN EXCEPTIONS, AMENDING SECTION 5.05.080 RELATING TO THE ALLOWANCE OF A PUBLIC NUISANCE TO PROVIDE FOR THE DISPOSAL OF ANIMAL WASTES, ENACTING A NEW SECTION 5.05.085 REQUIRING OWNERS TO HAVE A MEANS OF DISPOSAL FOR ANIMAL WASTES, AMENDING 5.05.100 TO PROVIDE FOR LIMITED PUBLIC AREAS WHERE DOGS MAY BE TAKEN, ENACTING NEW SECTIONS 5.05.130-139 RELATING TO ABATEMENT OF NUISANCES, DEFINING THE NUISANCES, PROVIDING FOR APPEAL FROM A NUISANCE ABATEMENT ORDER AND ESTABLISHING PROCEDURES THEREFORE, REPEALING SUBSECTIONS 5.05.180(A)(F) AND (H), PROVIDING FOR THE SEVERABILITY OF SAID OFFENSES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council of the City of Edmonds, Washington, finds that the unregulated defecation of dogs within the city limits of the City of Edmonds represents a significant public health hazard; WHEREAS, the City Council wishes to provide for the regulation of pets and pet owners within the City in a reasonable manner, and WHEREAS, the City Council wishes to prevent the inhumane treatment of animals and to provide an administrative hearing procedure to govern impoundment of animals found to be public nuisances within the City, now, therefore, THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.05.070 Running at Large Prohibited of the Edmonds City Code is hereby amended to read as follows: Section 5.05.070 Running at Large Prohibited. It shall be unlawful for the owner or person having charge, care, custody or control of any animal or domestic animal to allow such dog or animal to run at large during any hours of the day or night. This Section shall not apply to: 1. Dogs owned by the City or other law enforcement body and maintained as Police K-9 units while under the custody and control of the trainer or keeper; and 2. Cats. Animal control officers or any other law enforcement officer may pursue any animal running at large, on to private property in an attempt to take up and impound said animal. Section 2. Section 5.05.080 Allowing Public Nuisance is hereby amended to read as follows: Section 5.05.080 Allowing Public Nuisance. It shall be unlawful for the owner or person having charge of any dog or other 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. Disposal is defined, for the purposes of this ordinance, as the removal of feces by the 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 Section 3. Chapter 5.05 of the Edmonds City Code is hereby amended by the addition of a new Section 5.05.085 relating to means of disposal of animal feces to read as follows: Section 5.05.085 Means of Disposal. It shall be unlawful for the owner or person having charge of any dog or other animal, to take said animal off of the private property of the owner or person - 2 - having charge of such dog or animal 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. Section 4. Section 5.05.100 Dogs on Public Grounds of the Edmonds City Code is hereby amended to read as follows: repealed. Section 5.05.100 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, playfield, park, beach or other public property provided, however, the dogs accompanied by their owners and on a leash 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 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 public grounds and their parks to exclude such animals, provided that such postings may be undertaken at the discretion of the Director of Parks and Recreation. Section 5. Section 5.05.130 Vicious Dogs is hereby Section 6. Chapter 5.05 is hereby amended by the addition of new sections 5.05.130, 131, 132, 133, 134, 135, 136, 137, 138 and 139 relating to the abatement of certain nuisances to read as follows: Section 5.05.130 Nuisance Declared - Abatement. Violations of the provisions of Section 5.05.131 of this Code are determined to be detrimental to the public health, safety and welfare and are declared to be detrimental to the public health, safety and welfare and are declared to be public nuisances and shall be abated as provided herein: (a) Any animal constituting a public nuisance as provided herein shall be abated and removed from the City and Snohomish and King Counties by the owner, upon receipt of three notices and orders of violation by the owner in any one-year period. Where it is established by record pursuant to this - 3 - chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the animal control authority shall notify and direct the owner of the animal to abate or remove the same from the City and Counties within ninety-six hours from the date of notice. If such animal is found to be within the confines of the City and Counties after ninety-six hours have elapsed from the date of notice, the same shall be abated and removed by the director of the animal control authority. Animals removed pur- suant to the provisions of this section shall be removed from the City and County or be subjected to euthanasia by the animal control authority. (b) Any dog or other animal which bites, attacks, or attempts to bite one or more persons two or more times within a two-year period is declared to be a public nuisance and shall not be kept within the City or Snohomish and King Counties forty- eight hours after receiving written notice from the animal control authority, if the owner or custodian of the dog or other animal is known by a license or other identification. Such animal or animals found in violation of this section will be impounded and disposed of as an unredeemed animal, and the owner or keeper of such animal has no right to redeem such dog or animal; provided, that the owner or custodian shall have the right to file an appeal as provided in Section 5.05.138 and the animal shall not be disposed of after the receipt of a Notice of Appeal until the appeal has been heard and determined as provided in this chapter. (c) Any dog or other animal which shall maul or kill any person or other animal in an unprovoked attack and which in the opinion of the animal control authority constitutes a continuing threat to the public health, safety and welare shall be impounded and disposed of as an unredeemed animal, and the owner or person having charge thereof shall have no right to redeem such dog or animal; provided, that the owner or custodian shall have the right to file an appeal as provided in Section 5.05.138, and the animal shall not be disposed of after the receipt of a Notice of Appeal until the appeal has been heard and determined as provided in this chapter. 5.05.131 Violations to be Abated. For purposes of this chapter, nuisances are violations of this section and shall be defined as follows: - 4 - (1) Any public nuisance relating to animal control known at common law or in equity jurisprudence; (2) Any domesticated animal which chases, runs after or jumps at vehicles using the public streets and alleys; (3) 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; (4) 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; (5) 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 a person of suitable age and discretion to control or restrain such animal; (6) 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; (7) Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; and (8) Animals running in packs. 5.05.132 Impoundment of Nuisances. 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 as herein defined. The animal shall be impounded and held in accordance with the provisions of Section 5.05.050, provided that animals apprehended in accordance with the provisions of Section 5.05.130(b) and/or (c) shall be released only as therein provided. 5.05.133 Cruelty Violations Declared Unlawful. It is unlawful for any person to: (1) Willfully and cruelly injure or kill any animal by any means causing it fright or pain; MM (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 poison 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 in 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 subjected 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. 5.05.134 Abatement - Commencement. Whenever an authorized animal control officer has found an animal maintained in violation of this Code, the animal control authority shall commence proceedings to cause the abatement of each violation. 5.05.135 Abatement - Contents of Notice and Order. The authorized animal control officer shall issue a notice and order directed to the owner or the person presumed to be the owner of the animal maintained in violation of this chapter. 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 authorized animal control officer 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; (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 Chief has determined the animal must be abated, the order shall require the abatement shall be completed within a time certain from the date of the order as determined by the Chief to be reasonable, b. If the head of the animal control authority has determined to assess a civil penalty, the order shall require that the penalty shall be paid within fourteen days from the date of the order; (5) Statements advising that if any required abatement is not commenced within the time specified, the director of the animal control authority will proceed to cause abatement and charge the costs thereof against the owner; (6) Statements advising (a) that a person having a legal interest in the animal may appeal from the notice and order or any action of the director 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 days from the date of service of such notice and order; and (b) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter; (7) Nothing herein shall be deemed to limit the authority of any police office or authorized animal control officer to take up and impound an animal as herein provided. 5.05.136 Abatement - 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 and order by certified mail, postage prepaid, return receipt requested to each person at his/her address as it appears on the last equalization assessment roll of the County, if so listed. - 7 - (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..137 Appeal - Authority_. The Hearing Examiner of the City of Edmonds is designated to hear appeals by parties aggrieved by actions of the animal control authority pursuant to the provisions of 5.05.130 to 5.05.136 of this chapter. 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. 5.05.138 Appeal - Form Any person entitled to service under Section 5.05.135 or 5.05.130 may appeal from any notice and order or any action of the animal control authority under this code by filing at the office of the Chief of Police within fourteen (14) days from the date of the service of such order or within forty-eight (48) hours of a notice under Section 5.05.130(b) or (c) a written appeal 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 in the animal 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) The signatures of all parties' names as appellants, and their official mailing addresses; (6) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. 5.05.139 Appeal - Procedures; (1) 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. (2) At the hearing the 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 director. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered. (3) Failure of any person to file an appeal in accordance with Section 5.05.138 shall constitute a waiver of his right to an administrative hearing. (4) Enforcement of any notice and order of the animal control authority issued under this chapter shall be stayed during the pending of an appeal except impoundment of an animal which is (1) vicious or dangerous; or (2) cruelly treated. Section 7. Section 5.05.180 relating to miscellaneous regulations is hereby amended by the repeal of subsections A, F and H. The City Clerk is authorized to renumber the remaining subsections for the purposes of codification. Section 8. The provisions of this ordinance shall be severable and in the event that any provision of this ordinance or the application of this ordinance to any set of circumstances shall be overturned by a court of competent jurisdiction, the remaining portions of this ordinance or applications thereof to specific sets of circumstances shall remain in full force and effect. Section 9. This ordinance or a summary thereof consisting of the title, shall be published in the official newspaper of the City and shall take effect and be in full force M'_ five (5) days after the date of publication. APPROVED: cre� t1tL— MAYOR, LARRY F. qnGHTEN ATTEST/AUTHENTICATED: TY CLERK, JA QUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: August 6, 1985 PASSED BY THE CITY COUNCIL: December 17, 1985 PUBLISHED: December 22, 1985 EFFECTIVE DATE: December 27, 1985 ORDINANCE NO. 2545 - 10 - STATE OF WASHINGTON, COUNTY OF SNOH0IV1ISH, At 5.05 RELATING TO AN- L CONTROL - BY ENDING - SECTION K0 TO PROVIDE •FOR F FfTIVF 1'FrF 'Ar A PE EXCEPTIONS, .AMENDING SECTION 5.05.080: RELATING TO THE ALLOWANCE: OF . A' PUBLIC NUISANCE TO Pko- VIDE. FOR! THE 'DISPOSAL OF ANIMAL.. WASTES, ENACTING -A NEW SECTION. 5.05.685 REQUIRING OWN- ERS TO HAVE MEANS OF DISPOSAL FOR ANIMAL WASTES, AMENDING 5.05.100- TO ,PROVIDE FOR LIMITED- t'UBLiC AREAS WHERE DOGS -MAY' BE TAKEN, ('ENACTING NEW SECTIONS 5.05.130-139 RE- LATING, ;TO ABATEMENT OF' NUISANCES; DEFINING THE NUISANCES; - PROVID- ING FOR .APPEAL FROM. A NUISANCE`: ABATEMENT ORDER -AND-ESTABLISH- ING' PROCEDURES THERE- FORE, REPEALING SUB- SECTIONS '-5.05.180(A). (F) AND (H), PROVIDING FOR THE SEVERABILITY— OF 1 SAID Of`FENSES AND FIX-' ING :A. TIME WHEN THE. SAME SHALL BECOME EF- FECTIVE. The full text of the vdindnce Will be mailed to mV person' upoh feauesi. Published:. DeceMber- 22, 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 -....-..-.-_.......................... .-.... O r d i nAn c e ..... 5 4.5.................... ------ ----------------. -- 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: December 22, 1985 ................................ ..... ............ _---------'----.............—..................•--'--•-....•..................... and that said newspaper was regularly distributed to its subscribers during all of said pe�iod. _ � 1 4111 LEz------- Principal Clerk Subscribed and sworn to before me this-------. ---. .. rd day of------- - D e - e mb a --------------------------------- 19....8 5 /j ti Y� .�/� N t ry Pu, is in and for the State of Washington, S si ing at Everett, Snohomish County. B-2-1