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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 -1- 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. -2- 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 -3- 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 -4- 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: -5- 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, -7- 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 -8- 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; -10- 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. -11- 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 -12- 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 -13- 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. -14- 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 -15- 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. -16- 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 -17- 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. -18- 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. -19- 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 -20- 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 -21- 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