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Ordinance 3634ORDINANCE NO. 3634 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 5.05 OF THE EDMONDS CITY CODE RELATING TO ANIMAL CONTROL BY AMENDING SECTION 5.05.010 TO ADD A NEW DEFINITION FOR "PET" AND ADDING A NEW SECTION 5.05.110 CRIMES RELATING TO THE CONFINEMENT OF ANOTHER' S ANIMAL, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council finds that the trapping of pets for the purpose of depriving an owner of the pet's company and enjoyment should be a criminal act, and WHEREAS, the City Council wishes to make other acts, potentially harmful to the welfare of animals, crimes or civil infractions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC 5.05.010 Definitions is hereby amended by the addition of a new section L, and the renumbering of current sections L through Q to accommodate the addition of the new definition, such definition to read as follows: 5.05.010 Definitions. L. "Pet" is a domestic animal owned and kept by an individual or family for enjoyment and pleasure rather than utility. The term "pet" includes all animals required to be licensed under the terms of this chapter when properly licensed. Section 2. Chapter 5.05 Animal Control is hereby amended by the addition of a new Section 5.05.110 Crimes relating to the confinement of another's animal and the abatement of private nuisances. {BFP655724.DOC;1/00006.900150/} - I - 5.05.110 Crimes relating to the confinement of another's animal and the abatement of private nuisances. A. An owner of private real property has the right under Washington common and statutory law to protect his or her property from trespass by persons or other instrumentalities including covered and domestic animals such as pets. The City Council finds that the exercise of these civil rights are limited by animal cruelty laws and other ordinances and statutes intended to protect the health and safety of animals. Further, the City Council finds that the inappropriate or negligent use of even humane traps may pose a threat to animals and therefore prohibits the use of all traps except under the conditions set forth in this ordinance. B. Crimes. 1. Unlawful capture or confinement of a pet. A person is guilty of crime of the unlawful capture or confinement of a pet if a person traps, captures or otherwise confines an animal known by the person to be the pet of another. The unlawful capture or confinement of a pet shall be a gross misdemeanor punishable as provided in Section 5.50.020. 2. Trapping. It shall be unlawful for any person by means of a trap or similar mechanical device to intentionally trap a domestic animal, covered animal or pet. Trapping shall be a misdemeanor punishable as provided in Section 5.50.020. Nothing herein shall be interpreted to prohibit a property owner from using other lawful means to drive off a covered and domestic animal or pet of another. 3. Negligent confinement of an animal. A person is guilty of the crime of negligent confinement of an animal if a person who traps, captures or confines an animal fails to promptly release an animal which the person knows or should have known to be confined and which is not the property of that person. The term "release" shall include a report to a law enforcement or animal control officer of the City of Edmonds. Negligent confinement of an animal shall be a misdemeanor punishable as provided in Section 5.50.020. C. Defenses. The following acts are excluded from the crime of unlawful capture or confinement of a pet as set forth in Section B(1) or trapping as set forth in Section B(2) above: 1. The capture, trapping or confinement of an injured or diseased animal in order to protect the animal from harm or in {BFP655724.DOC;1/00006.900150/} - 2 - order to deliver or report the animal to a veterinarian, animal control officer, Washington State wildlife official, animal shelter or other charitable or governmental agency charged with animal welfare and protection; and /or 2. The actions of a city, county or state animal control officer, law enforcement officer or other public safety officer in the performance of his or her duties. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance, being subject to referendum, shall take effect thirty (30) days after passage and publication of an approved summary thereof consisting of the title, unless a referendum petition is filed pursuant to Chapter 35A.I I RCW. APPROVE MAYOAeA HAA ENSON 1 0 ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE O T I:EY: BY CC- ?, W. SCOTT SNYDEX- (Y V FILED WITH THE CITY CLERK: 03/23/2007 PASSED BY THE CITY COUNCIL: 03/27/2007 PUBLISHED: 04/01/2007 EFFECTIVE DATE: 05/01/2007 ORDINANCE NO. 3634 {BFP655724.D0Q1/00006.900150/} - 3 - SUMMARY OF ORDINANCE NO. 3634 of the City of Edmonds, Washington On the 27th day of March, 2007, the City Council of the City of Edmonds, passed Ordinance No. 3634. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER 5.05 OF THE EDMONDS CITY CODE RELATING TO ANIMAL CONTROL BY AMENDING SECTION 5.05.010 TO ADD A NEW DEFINITION FOR "PET" AND ADDING A NEW SECTION 5.05.110 CRIMES RELATING TO THE CONFINEMENT OF ANOTHER' S ANIMAL, AND FIXING A TIME WHEN THE SAME SHALL BEOMCE EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 28th day of March, 2007. . d^A,,/ &/� CITY CLERK, SANDRA S. CHASE {BFP655724.DOC;1/00006.900150/} - 4 - STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 3634 { oTt–he–Ul-ty—ofridnionds, Washington On the 27th day of March, 2007, the City Council of the City of Edmonds, passed Ordinance No. 3634. A summary of the content of said ordinance, consisting of the title, pro- vides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WA- SHINGTON, AMENDING THE PROVISIONS OF CHAP- TER 5.05 OF THE EDMONDS CITY CODE RELATING TO ANIMAL CONTROL BY AMENDING SECTION . 5.05.010 TO ADD A NEW DEFINITION FOR'PEr AND RELAT- ING ADDING TO THE E C O CONFINEMENT FIIN MENT OF S ANOTHER ANI- MAL, AND FIXING A TIME WHEN THE SAME SHALL ^ 1 BECOME EFFECTIVE. ' I The full text of this Ordinance will be mailed upon request. l DATED this 281h day of March, 2007. CITY CLERK, SANDRA S. CHASE % LPublished: April 1,2007. RECEIVED !APR 0 9 2007 EDMONDS CITY CLERK Affidavit of Publication S.S. 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. 3634 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: April 01, 2007 and that said newspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this day of April, 2007 Notary Public and fol the State of Washington, residin County. / 2nd eft, OF WASNON Account Name: City of Edmonds Account Number. 101416 Order Number. 0001491488