Ordinance 33220006.900000
JZL
8/31/00
ORDINANCE NO. 3322
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 5.05 OF THE
EDMONDS CITY CODE RELATING TO THE CONTROL OF
ANIMALS WITHIN THE CITY, ADDING NEW SECTIONS
THERETO, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, many citizens of the City of Edmonds own, keep, care for, or
otherwise maintain various types of animals; and
WHEREAS, the keeping of animals may have potentially adverse impacts to the
public peace and welfare, including but not limited.to_ attacks by animals, transmission of disease
by animals, and issues regarding animal waste; and
WHEREAS, the City desires to minimize the potential for such adverse impacts
by encouraging responsible animal ownership and care by updating, clarifying and amending its
existing regulatory scheme sufficient to effectively govern and control animal issues within the
City; and
WHEREAS, the City Council does not intend by enacting such amendments to
create any duty or liability to any individual resulting from the implementation or enforcement of
the Edmonds City Code relating to animal control; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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as follows:
as follows:
as follows:
Section 1. Section 5.05.001 of the Edmonds City Code is hereby amended to read
5.05.001 Introduction and purpose.
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. It is the specific intent of this chapter to place the
responsibility and .obligation of complying with its requirements
upon the owners and keepers of animals.
Section 2. Section 5.05.002 of the Edmonds City Code is hereby amended to read
5.05.002 Penalties - Infraction Unless Otherwise
Designated.
Unless otherwise set forth in this chapter, a violation of any
provision of this chapter shall constitute a Class I Civil Infraction
pursuant to RCW Chapter 7.80. Issuance and disposition of
infractions issued for violations of this chapter shall be in
accordance with RCW Chapter 7.80. The penalty for violation of a
provision of this chapter shall be $40.00. The penalty for a second
or subsequent offense in violation of the provision of this chapter
within two years shall be $100.00.
Section 3. Section 5.05.010 of the Edmonds City Code is hereby amended to read
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 owner's
immediate family, or person authorized by the owner, by means of
a leash, cord or chain no longer than eight feet.
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D. "Covered animal" means hoofed 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. "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.
H. "Inherently dangerous animal" means any live member of the
canidae, felidae, urisdae, and reptilia families, including hybrids
thereof, which, due to its inherent nature, may be considered
dangerous to humans. Inherently dangerous animals include but
are not necessarily limited to: .
1. Canidae, meaning and including any member of the dog
family not customarily domesticated by man, or any hybrids
thereof, but not including domestic dogs and wolf hybrids (cross
between a wolf and a domestic dog).
2. Felidae, meaning and including any member of the cat
family not customarily domesticated by man, or any hybrids
thereof, but not including domestic cats.
3. Ursidae, meaning and including any member of the bear
family, or any hybrids thereof.
4. Reptilia, meaning venomous and "devenomized" reptiles,
including but not necessarily limited to all members of the
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following families: Helodermidae (Gila Monster), Viperidae (Pit
Vipers), Crotalidae (Rattlesnakes), Atractaspidae (Mole Vipers),
Hydrophiidae (Sea Snakes), and Elapidae (Coral Snakes and
Cobras).
5. . Colubridae Snakes which are rear fanged, including, but
not necessarily limited to Dispholidus typus (Boomslangs),
Thebtornis Kirtlandii (African Twig or Vine Snake), and
Rhabdophis (Keelbacks).
6. Colubridae Snakes which reach a length of 10 (ten) feet and
over, including but not necessarily limited to Green Anaconda,
Reticulated Phythons, Burmese Python, Albino Indian Python, and
African Rock Python.
7. Crocodilia, meaning and including Crocodiles, Alligators
and Caimans.
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.
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
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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.
Section 4. Section 5.05.020 of the Edmonds City Code is hereby amended to
read as follows:
5.05.020 Dog licensing.
A. License Required. 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. Dogs whose owners are nonresidents temporarily within the
City;
2. Dogs brought into the City for the purpose of participating in
any dog show;
3. Seeing -eye Guide and Service dogs properly trained to assist
blind or impaired persons, when such dogs are actually being used
by a blind or impaired person, for the purpose of aiding them from
place to place. Blind or impaired persons include but are not
necessarily limited to persons who are blind, deaf, have limited
mobility, or have psychological impairment, or;
4. Dogs 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.
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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 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 ECC 5.50.200 020; 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
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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 1st 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. Fee Waiver - Blind and Disabled. Guide and Service dogs, as
defined in 5.05.020 (13)(3), certified to assist the impaired and
service dogs certified to assist the disabled may be issued a
permanent license at no charge upon the request of a blind or
otherwise impaired owner.
G. 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 ECC 5.05.126.
Section 5. Chapter 5.05 of the Edmonds City Code is hereby amended by adding
a new Section 5.05.025 thereto to read as follows:
5.05.025 Cat licensing.
A nonmandatory lifetime cat license is available, upon request of
the owner, for purposes of identification. The fee for. such license
shall be $5.00.
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Section 6. Section 5.05.030 of the Edmonds City Code is hereby amended to
read as follows:
as follows:
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:
In Dollars
A. Impound fees $15.00
B. Board and room per day $11.00 or the actual costs incurred,
which ever is greater.
C. All other services Costs incurred
Section 7. Section 5.05.050 of the Edmonds City Code is hereby amended to read
5.05.050 Running at large prohibited.
It shall be unlawful for the owner or person having charge, care,
custody or control of any animal, with the exception of cats, to
allow such animal 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.
Section 8. Section 5.05.070 of the Edmonds City Code is hereby amended to
read as follows:
5.05.070 Animal waste.
A. It shall be unlawful for the owner or person having charge of
any 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 animal, to take said animal, off of the private property of said
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as follows:
person without having in the possession of the owner or person
having charge of the animal, a proper means of disposal for the
feces of the 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.
Section . Section 5.05.090 of the Edmonds City Code is hereby amended to read
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 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 ten days. 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 ten days at the owner's expense.
B. It is unlawful for any person knowing or suspecting an animal
has rabies to allow such animal 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 designated shelter or summarily destroy it.
Section 10. Chapter 5.05 of the Edmonds City Code is hereby amended by
adding a new Section 5.05.095 thereto to read as follows:
5.05.095 Notice of "dangerous dog." Declaration.
Upon declaration, by the animal control authority, that a dog is a
"dangerous dog," under Chapter 16.08 RCW, the owner or person
having physical charge and control of the dog, if the identity of the
owner cannot be reasonably ascertained, shall be supplied with
written notice of said declaration as set forth in section ECC
5.05.120.
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Section 11. Section 5.05.105 of the of the Edmonds City Code is hereby repealed.
((Moved to new section 5.05.100 & new section 5.05.121))
Section 12. Section 5.05.120 of the Edmonds City Code is renumbered and
amended to read as follows:
5.05.115 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 animal which chases, runs after or jumps at vehicles using
public streets and alleys;
2. Any 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 a
person of suitable age and discretion to control or restrain such
animal;
5. Any animal which howls, yelps, whines, barks or makes any
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
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9. A female animal, whether licensed or not, while in season,
accessible to other animals for purposes other than controlled and
planned breeding.
10. Any animal which causes damage to property other than the
property of the animal's owner or person having physical charge
and control of the animal.
11. Any animal maintained in violation of any provision of this
chapter.
C. 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 with a maximum penalty of $1,000 fine and/or 90
days in jail.
Section 13. Section 5.05.121 of the Edmonds City Code is hereby renumbered
and amended to read as follows:
5.05.120 Nuisance - Notice and Order to Abate.
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 as defined in EMC Section 5.05.115,
the animal control authority shall serve a notice of violation and
order as set forth in EMC Section 5.05.121 upon the owner or
person having physical charge and control of the animal directing
that the nuisance be abated. This section shall not apply to
enforcement of RCW 16.08 relating to Dangerous Dogs. Appeal
of a nuisance order shall be governed by EMC Sections 5.05.123
and 5.05.124.
Section 14. Chapter 5.05 of the Edmonds City Code is hereby amended by
adding a new Section 5.05.121 thereto to read as follows:
5.05.121 Contents of declaration of "dangerous dog," notice
and order, and service thereof:
A. The notice and order, or declaration of dangerous dog, shall
contain:
1. The name and address, if known, of the owner or
person having physical charge and control of the animal if they
identity of the owner cannot be reasonably ascertained;
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2. The license number, if available, and description of
the animal or dog;
3. A statement that the animal control authority has
found;
a. The animal to be a `dangerous dog" as defined in
Chapter 16.08 RCW and a brief concise statement as to
why the declaration has been made, or;
b. The animal maintained illegally, with a brief and
concise description of the conditions found to render the
owner 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 certain time from
the date of the order, as determined by the Chief of Police
to be reasonable,
(b) If the hearing examiner has assessed a civil
penalty, the order shall require that the penalty shall be paid
within 14 days from the date of the order;
5. Statements advising that, if any required abatement is
not commenced within the time specified, the animal control
authority will proceed to cause abatement and charge the costs
thereof against the owner.
B. Nothing herein shall be deemed to limit the authority of any
police officer or animal control officer to take up and impound an
animal or dog as otherwise allowed.
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 or declared a
"dangerous dog." If the identity of the owner cannot be reasonably
ascertained, the person having physical custody of the animal or
dog shall be served instead.
2. Service of the order shall be made upon all persons
entitled thereto, either personally or by mailing a copy of such
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notice by certified mail, postage prepaid, return receipt requested,
to each person at his/her last known address;
3. Proof of service of any declaration of "dangerous dog,"
or 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.
D. The appeal form and appeal procedures for this section, shall
be governed by ECC 5.05.123 and ECC 5.05.124.
Section 15. Section 5.05.122 of the Edmonds City Code is hereby amended to
read as follows:
5.05.122 Appeal - Authority.
The designated hearing examiner under the provisions of this
chapter shall be the judge of the Edmonds Municipal Court or his
or her designee. The hearing examiner shall hear any appeal from
an order to abate a nuisance issued pursuant to ECC Section
5.05.120 and declarations of dangerous dogs issued pursuant to
EMC Section 5.05.121.
Section 16. Section 5.05.123 of the Edmonds City Code is hereby amended to
read as follows:
5.05.123 Appeal - Form.
Any person entitled to service under ECC 5.05.121 may appeal
from any declaration of "dangerous dog ", any notice and order, or
any action of the animal control authority by filing within ten (10)
days from the date of the service of such notice of declaration or
notice and order, a written appeal at the office of the Chief of
Police, 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;
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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.
Section 17. Section 5.05.124 of the Edmonds City Code is hereby amended to
read as follows:
5.05.124 Appeal - Procedures.
A. Filing. A notice of appeal, substantially in the form prescribed
in EMC Section 5.05.123, shall be filed with the Edmonds
Municipal Court and the Chief of Police not more than ten (10)
days after service of the order to abate a nuisance or declaration of
a dangerous dog appealed. Failure to timely file a notice of appeal
shall constitute a waiver of the right to appeal the determination of
the order to abate a nuisance or declaration of dangerous dog.
B. Scheduling of Hearing. Upon receipt of a timely filed notice of
appeal, a hearing shall be scheduled not more than sixty (60) days
from the date of the filing of the notice of appeal. Written notice
of the date of the hearing shall be sent to the appellants at least ten
(10) days prior to the scheduled hearing date. The failure of the
appellant to appear at the hearing shall result in a denial of the
appeal and upholding of the order to abate a nuisance or
declaration of dangerous dog.
C. Enforcement Stayed During Pendency of Appeal. Unless
otherwise determined by the hearing examiner, enforcement of the
order to abate a nuisance or declaration of dangerous dog shall be
stayed during the pendency of the appeal.
D. Presentation of Evidence. At the appeal hearing, the hearing
examiner shall take evidence relevant to the order to abate a
nuisance or dangerous dog declaration. The testimony may be
provided in the form of a signed written statement pursuant to
RCW 9A.72.085. A party requesting the presence of any witness
at the hearing in lieu of that witnesses' written statement under
oath shall make a written request to the City of Edmonds
Prosecuting Attorney to subpoena such witness not later than ten
(10) days after the filing of the notice of appeal.
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E. Decision of the Hearing Examiner. The hearing examiner may
uphold, dismiss, or modify the order to abate nuisance or
declaration of dangerous dog. A written order shall be
prepared and signed by the hearing examiner. The decision of
the hearing examiner shall be a final administrative decision
appealable to the Snohomish County Superior Court within
thirty (30) days of the written order of the hearing examiner.
F. A copy of EMC Sections 5.05.123 and 5.05.124 shall be served
on any person receiving an order to abate a nuisance pursuant
to EMC Section 5.05.120 or declaration of dangerous dog
issued pursuant to EMC Section 5.05.121 at the time such
order or declaration is served.
Section 18. Section 5.05.125 of the Edmonds City Code is hereby amended to
read as follows:
5.05.125 Failure to abate a nuisance - Penalty.
Any person who willfully fails to comply with an order to abate a
nuisance shall be guilty of a misdemeanor, punishable by up to
ninety (90) days in jail and up to a $1,000.00 fine or both.
Section 19. Section 5.05.126 of the Edmonds City Code is hereby amended to
read as follows:
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 for a
minimum of 72 hours.
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.
Section 20. Amendment to Section 5.05.127 of the Edmonds City Code. Section
5.05.127 of the Edmonds City Code is hereby amended to read as follows:
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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 therefor
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 the release for adoption or 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. Adoption of Impounded Animals. At the expiration of 72 hours
as provided in ECC5.05.126.A, the animal control authority shall
release ownership of the animal to the City's designated animal
shelter for adoption.
D. Disposition. Any animal not redeemed or adopted 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 or 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;
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2. Remove the animal from the designated shelter without the
authority of the chief of police, the animal control authority or the
officer in charge of the designated shelter;
3. Remove the animal from the designated shelter 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.
Section 21. Section 5.05.128 of the Edmonds City Code is hereby amended to
read as follows:
5.05.128 Cruelty violations declared unlawful.
A. It is unlawful for any person to:
1. Willfully 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 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;
B. Any person who violates any provision of this section shall be
deemed to have committed a gross misdemeanor punishable by
maximum sentence of $5,000 fine and/or one year in jail.
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Section 22. Section 5.05.130 of the Edmonds City Code is hereby amended to
read as follows:
5.05.130 Covered animal regulations.
A. Required Open Space and Minimum Dimensional
Requirements 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
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 covered animal shall be set back at least
30 feet from any side, rear and front property lines.
3. In the event the covered animal gives birth, thereby exceeding
the number of covered animals allowed by the minimum set forth
in this subsection, the owner of said animals and/or the occupier of
the premises shall conform to the number of said animals or the
dimensional requirements within one year of the birth of said
animals.
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 Disposal. 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.
{JZL447998.DOC;1/00006.900160/} -18-
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.
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. Areas of Maintenance - Zoning and Related Ordinances. 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.
H. Variances. 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
planning /zoning departments' hearing examiner for a variance
from the strict requirements of this section.
{JZL447998.DOC;1 /00006.900160/1 _19-
Section 23. Section 5.05.131 of the Edmonds City Code is hereby amended to
read as follows:
5.05.131 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. Any person
who violates this section shall be guilty of a misdemeanor,
punishable by up to ninety (90) days in jail and up to a $1,000.00
fine or both.
Section 24. Section 5.05.132 of the Edmonds City Code is hereby amended to
read as follows:
5.05.132 Inherently dangerous animal.
It is unlawful for any person to possess or maintain an inherently
dangerous animal within the City of Edmonds. Any person who
violates this section shall be guilty of a misdemeanor, punishable
by up to ninety (90) days in jail and up to a $1,000.00 fine or both.
Section 25. Section 5.05.134 of the Edmonds City Code is hereby amended to
read as follows:
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.
Section 26. Chapter 5.05 of the Edmonds City Code is hereby amended by
adding a new Section 5.05.135 thereto to read as follows:
IJZL447998.DOC;1/00006.900160/} -20-
5.05.135 No Duty Created.
Nothing contained in this Chapter is intended to be, nor shall be
construed to create or form any special duties or relationships with
specific individuals or otherwise constitute the basis for any
liability on the part of the City or its officers, employees or agents,
for any injury or damage resulting from the failure of any person to
comply with the terms of this Chapter, or by reason or in
consequence of any commission with the implementation or
enforcement of this chapter on the part of the City by its officers,
employees, or agents. This Chapter has been enacted for the
welfare of the public as a-whole, and not for any specific group or
class.
Section 27. Severability. If any section, subsection, paragraph, sentence, clause,
or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this ordinance.
Section 28. Effective Date. This ordinance, being an exercise of a power specifi-
cally 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.
APPROVED:
MAY R, _GA�l HAAKENSON
ATTEST /AUTHENTICATED :
&..
- "�� x- CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OFT E CI ATTORNEY:
BY
{JZL447998.DOC;1/00006.900160/} -21-
FILED WITH THE CITY CLERK: 09/01/2000
PASSED BY THE CITY COUNCIL: 09/05/2000
PUBLISHED: 09/10/2000
EFFECTIVE DATE: 09/15/2000
ORDINANCE NO. 3322
{JZL447998.DOC;1/00006.900160/1 -22-
SUMMARY OF ORDINANCE NO. 3322
of the City of Edmonds, Washington
On the 5th day of September, 2000, the City Council of the City of Edmonds,
passed Ordinance No. 3322. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER
5.05 OF THE EDMONDS CITY CODE RELATING TO THE CONTROL OF ANIMALS
WITHIN THE CITY, ADDING NEW SECTIONS THERETO, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE
The full text of this Ordinance will be mailed upon request.
DATED this 6th day of September, 2000.
,�� ,G • L- f24.d.�
CITY CLERK, SANDRA S. CHASE
{JZL447998.DOC;1/00006.900160/} -23-
.STATE OF WASHINGTON,
COUNTY OF SNOHOYZISH,
SUMMARY OF ORDINANCE
N 22
of the iry o dmonds,
Washington
On the 51h day of September,
2000, the City Council of the City
of Edmonds, passed Ordinance
No. 3322. A summary of the
content of said ordinance,
consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY
OF EDMONDS, WASHINGTON,
'AMENDING CHAPTER 5.05 OF
THE EDMONDS CITY CODE
RELATING TO THE CONTROL
OF ANIMALS WITHIN THE
CITY, ADDING NEW SECTIONS
THERETO, AND FIXING A TIME
WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 6th day of
September, 2000.
CITY CLERK,
SANDRA S. CHASE
Published: September 10, 2000.
B_2 -1
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 ......... ...............................
Summary of Ordinance
........... ..................
... .................... ......
No. 3322
..................................................................................................... ............................... •
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:
...... S.ep:tember. ... 10 ...... 2000. ..............................................................................
j .............. --........ ............------ .............
1 that said newspaper wpy�regc
......................: ....... ........ .......................
.ly distribut)d to its subscribers
..........
Principal Clerk
Subscribed and sworn to
o° NOTARY m:
PUBLIC
"'tNASH;��''�.
this... 1.-01.
.... ...........1 20.00...
.............................
of Washington,
SEP
EDMONDS CITY 71K