Chapter 6.04
GENERAL PROVISIONS

Sections:

6.04.010    Purpose.

6.04.020    Definitions.

6.04.010 Purpose.

It is the public policy of the city to secure and maintain such levels of animal control as will protect human health and safety, and to the greatest degree practicable to prevent injury to property and cruelty to animal life. To this end, it is the purpose of this title to provide a means of licensing dogs and cats, animal shelters, kennels and pet shops, and controlling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals. (Ord. 666 § 2, 1972).

6.04.020 Definitions.

In construing the provisions of this title, except where otherwise plainly declared or clearly apparent from the context, words used in this title shall be given their common and ordinary meaning; in addition, the following definitions apply:

A.    “Abatement” means the termination of any violation by reasonable and lawful means determined by the animal control authority in order that the owner or a person presumed to be the owner shall comply with this title.

B.    “Animal” means any living creature except man, insects and worms.

C.    “Animal control authority” means the chief of police or designee or contracted enforcement authority, acting alone or in concert with other municipalities for enforcement of the animal control laws of the city, county and state and the shelter and welfare of animals.

D.    “Animal control officer” means any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this title or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal.

E.    “Animal rescuer” means any individual who routinely obtains an unwanted dog or cat and who locates within 90 days an adoptive home for that spayed or neutered dog or cat; provided, however, an interim, administrative extension may be granted by the animal control authority for a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian.

F.    “Cattery” means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including small animal hospital, clinic or pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months.

G.    “Dangerous dog” means any dog that according to the records of the appropriate authority:

1.    Has inflicted severe injury on a human being without provocation on public or private property;

2.    Has killed or inflicted severe injury on a domestic animal without provocation while off the owner’s property; or

3.    Has 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;

4.    Any potentially dangerous dog that has been permitted or allowed to run free and unrestrained off of the property of its owner;

5.    Any dog that, after formal complaint has been filed, has been found by written notice to the owner to be menacing or intimidating by the animal control authority due to ongoing nuisance behavior, physical and/or behavioral characteristics which may include factors from the applicable nuisance provisions found under Chapter 6.16 BMC and BMC 6.24.135(A), Vicious Animals, such dog having previously been found to be menacing or intimidating pursuant to subsection (V)(2) of this section;

6.    Any potentially dangerous dog that has harassed, tormented or caused concern for the safety of persons or domestic animals;

7.    Any dog that has demonstrated a propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals and which has previously been determined to be a potentially dangerous dog;

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.

H.    “Domesticated animals” means those domesticated beasts such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.

I.    “Euthanasia” means the humane destruction of an animal, accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness.

J.    “Grooming service” means any place or establishment, public or private, where animals are bathed, clipped or combed, whether or not for compensation, for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged.

K.    “Harboring, keeping, or maintaining a dog or cat” means performing any of the acts of providing care, shelter, protection, refuge, food, or nourishment in such manner as to control the animal’s actions, or such that the animal is treated as living at one’s house by the homeowner.

L.    “Hearing examiner” means the city of Bothell’s designated hearing examiner for appeals under this title.

M.    “Hobby cattery” means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed by code.

N.    “Hobby kennel” means a noncommercial kennel at or adjoining a private residence, where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials or for enjoyment of the species; provided, however, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number allowed by code.

O.    “Juvenile” means any dog or cat, altered or unaltered, that is under the age of six months.

P.    “Kennel” means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months.

Q.    “Livestock” means animals kept either in the open fields or structures for training, boarding, home use, sales, or increase. Livestock includes cattle, hogs, sheep, goats, horses, llamas and other large grazing animals but does not include small wild or predatory animals.

R.    “Owner” means any person having an interest in or right of possession to an animal or any person having control, custody, or possession of any animal, or by reason of the animal being seen residing consistently at a location.

S.    “Pack of dogs” means a group of two or more dogs running upon either public or private property not that of the owner of the dogs, in a state in which either the dogs’ control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled.

T.    “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.

U.    “Pet shop” means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells or offers to sell or rent such live animals to the public or to retail outlets.

V.    “Potentially dangerous dog” means any dog that:

1.    Has previously been found through notice of violation or similar enforcement action to have violated the provisions of subsection BB of this section, “Under control”;

2.    Any dog that, after formal complaint has been filed, has been found by written notice to the owner to be menacing or intimidating by the animal control authority due to ongoing nuisance behavior, physical and/or behavioral characteristics which may include factors from the applicable nuisance provisions found under Chapter 6.16 BMC and BMC 6.24.135(A), Vicious Animals;

3.    When unprovoked inflicts bites on a human or domestic animal either on public or private property; or

4.    Chases or approaches a person upon the street, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; or

5.    Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of humans or domestic animals.

W.    “Running at large” means to be off the premises of the owner and not under the immediate control of the owner or competent person authorized by the owner. There shall be a presumption that police dogs, search and rescue dogs and other such working dogs which are training or working under the control of their handler are not running at large.

X.    “Service animal” means any animal which is trained or being trained to aid a person with a visual or hearing impairment or a physical disability and is used for that purpose and is registered with a recognized service animal organization.

Y.    “Service area” means that area within the city limits of Bothell.

Z.    “Shelter” means a facility which is used to house or contain stray, homeless, abandoned, or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization or person devoted to the welfare, protection, and humane treatment of animals.

AA.    “Special hobby kennel license” means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in the city of Bothell Municipal Code.

BB.    “Under control” means the animal is under competent control so as to be thereby restrained from approaching, intimidating or injuring any bystander or other animal and from causing or being the cause of physical property damage when off the premises of the owner. Police dogs, search and rescue dogs and other such working dogs shall be presumed to be under control while such dogs are training or working under the control of their handler even though no leash or direct restraint is utilized.

CC.    “Vicious” means the act of or the propensity to do any act endangering the safety of any person, animal, or property of another, including, but not limited to, biting a human being, an attack on human beings or domestic animals without provocation. (Ord. 2061 § 1, 2011; Ord. 2040 § 1, 2010; Ord. 1511 § 1, 1993; Ord. 1279 § 1, 1987; Ord. 919 §§ 1, 2, 1979; Ord. 666 § 3, 1966).