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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 -2- 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. -3- 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. -5 - 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 fs= 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 -7- 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. -10- 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. -11- 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 -12-