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Ordinance 4116ORDINANCE NO. 4116 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 5.05 TO ADOPT A NEW PROVISION "LEAVE OR CONFINE ANY ANIMAL IN UNATTENDED MOTOR VEHICLE OR ENCLOSED SPACE — PENALTIES — OFFICERS' AUTHORITY TO REASONABLY REMOVE ANIMAL" AS SECTION 5.05.128.2; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, Washington state statutes establish penalties for leaving or confining animals in unattended motor vehicles or enclosed spaces; and WHEREAS, the City Council has determined that there is a need to update the provisions of Chapter 5.05 of the Edmonds City Code ("ECC") ("Animal Control") to adopt these provisions for the protection of animals within the City of Edmonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 5.05 of the ECC Animal Control is hereby amended to adopt a new Section 5.05.128.2, to read as follows: 5.05.128.2 Leave or confine any animal in unattended motor vehicle or enclosed space — Penalties — Officers' authority to reasonably remove animal. A. Any person who leaves or confines any animal in an unattended motor vehicle or enclosed space if the animal could be harmed or killed by exposure to excessive heat, cold, lack of ventilation, or lack of necessary water shall be guilty of an infraction. B. Penalties 1. First infraction: punishable by a fine of $100.00. 2. Second infraction: punishable by a fine of $250.00. 3. Third and subsequent infractions: punishable as a misdemeanor. 4. All fines set forth herein shall be in addition to any other fine or deposit forfeiture otherwise provided by city ordinance. -1- C. To protect the health and safety of an animal, an animal control officer or law enforcement officer who reasonably believes that an animal is suffering or is likely to suffer harm from exposure to excessive heat, cold, lack of ventilation, or lack of necessary water is authorized to enter a vehicle or enclosed space to remove an animal by any means reasonable under the circumstances if no other person is present in the immediate area who has access to the vehicle or enclosed space and who will immediately remove the animal. An animal control officer, law enforcement officer, or the department or agency employing such an officer is not liable for any damage to property resulting from actions taken under this section. D. Nothing in this section prevents the person who has confined the animal in the vehicle or enclosed space from being convicted of separate offenses for animal cruelty under ECC 5.05.128. Section 2. 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 3. Effective Date. This ordinance, being an exercise of a power specifically 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. ATTEST/AUTHENTICATED : 0 �- rp APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: FEW,: • � 'D': P�9- , MA OR, DAVID O. EARLING -2- WA.-mma- im..+, ■ , FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. June 22, 2018 June 26, 2018 July 1, 2018 July 6, 2018 4116 -3- SUMMARY OF ORDINANCE NO.4116 of the City of Edmonds, Washington On the 261h day of June, 2018, the City Council of the City of Edmonds, passed Ordinance No. 4116. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 5.05 TO ADOPT A NEW PROVISION "LEAVE OR CONFINE ANY ANIMAL IN UNATTENDED MOTOR VEHICLE OR ENCLOSED SPACE — PENALTIES — OFFICERS' AUTHORITY TO REASONABLY REMOVE ANIMAL" AS SECTION 5.05.128.2; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 27th day of June, 2018. 54� CITY K, SCOT SEY Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Dicy Sheppard being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH814727 ORDINANCE NO. 4116 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 07/01/2018 and ending on 07/01/2018 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $27:5 Subscribed nd sworn fore me on this day of �a 7 4N,otarPublicand for the State of Washington. City of Eft-6 - LEGAL ADS 114101416 SCOTT PASSEY Linda Phillips fdoiary Public State of t'�'-�shington MYARpolnimentExpires 08►29l2021 Classified Proof SUMMARY OF ORDINANCE f¢O. A I16 of Vie City or Edmonds, Wasldnalvn On the 26th day of June, 201a, llle City Ccuncll of the City of Edmonds, passed Ordlnancp Nv. 4TI6 A summary or the content of Bald vidiI,."% cvnsV44ng ciSRe ti0a, Wes as �IkJwS AN ORDINANCE OF YHE CITY OF EDMONDS. WASHINGTON. AMENDING ECC 5.05 TO ADOPT A NEW PROVISION 'LEAVE OR CONFINE ANY ANIMAL IN UNA-TENDED MOTOR VEHICLE OR ENCLOSED SPACE PENALTIES - OFFICERS' AUTHORITY TO REASONABLY REMOVE ANIMAL' AS SECTION 5.06.123,2: PROVIDING FOR SEVERADILITY; AND SETTINO AN EFFECTIVE DATE Trio full text gims Orcomnce WIII be mailed upon request DATED this 27th day of June, 20IS. CITY CLERK, SCOTT PASSEY Published: July 1, 2018 EDH814727 fps .n _�' S -w ::l Proofed by Sheppard, Dicy, 07/02/2018 10:14:58 am Page: 2