Chapter 6.16
NUISANCES*

Sections:

6.16.010    Designated – Abatement required.

6.16.011    Animal waste.

6.16.020    Infraction process.

*    For statutory provisions granting authority to define and abate nuisances, see RCW 35.23.440(11).

6.16.010 Designated – Abatement required.

For purposes of this title, nuisances are violations of this title and shall be defined as follows:

A.    Any public nuisance relating to animal control known at common law or in equity jurisprudence;

B.    Any dog running at large within the city including any dog which is not controlled by leash unless securely contained by a kennel, private fenced area or public area designated by the city as an off leash dog access area;

C.    Any domesticated animal, whether licensed or not, which runs at large in any park, or enters any public beach, pond, fountain or stream therein, or upon any public playground or school ground; provided, however, that this section shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when such animal is on a leash, tether or chain not to exceed eight feet in length; provided, however, that this section shall not apply to any disabled person using a trained animal, to animal shows, exhibitions or organized dog training classes where at least 24 hours’ advance notice has been given to the animal control authority by such persons requesting to hold such animal shows, exhibitions or dog training classes;

D.    Any animal which enters any place where food is stored, prepared, served, or sold to the public, or any other public building or hall; provided, however, that this section shall not apply to any disabled person using a trained animal, to veterinary offices or hospitals, or to animal shows, exhibitions or organized dog training classes where at least 24 hours’ advance notice has been given to the animal control authority by such persons requesting to hold such animal shows, exhibitions, or dog training classes;

E.    A female domesticated animal, whether licensed or not, while in heat, accessible to other animals for purposes other than controlled and planned breeding;

F.    Any domesticated animal which chases, runs after, or jumps at vehicles using the public streets and alleys;

G.    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;

H.    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; provided, that in addition to other remedies and penalties, the provisions of this title relating to vicious animals and dangerous dogs shall apply;

I.    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 a person of suitable age and discretion to control or restrain such animal; provided, that in addition to other remedies and penalties, the provisions of this title relating to vicious animals shall apply;

J.    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;

K.    Any domesticated animal which enters upon another person’s property without the permission of that person;

L.    Animals staked, tethered, or kept on public property without prior written consent of the city animal control authority;

M.    Animals on any public property or not under control by the owner or other competent person;

N.    Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; or

O.    Animals running in packs. (Ord. 2040 § 2, 2010; Ord. 1279 § 10, 1987; Ord. 919 §§ 3, 4, 1979; Ord. 666 § 6.7, 1966).

6.16.011 Animal waste.

It shall be unlawful for any person to:

A.    Allow animal feces to accumulate in any open private area, run, pen, shelter, or yard where animals are harbored or fail to remove and properly dispose of animal feces from such areas at least once every 24 hours, unless such areas are subject to treatment with all reasonable best management practices, per BMC 18.04.260(D), so as to prevent polluted drainage waters from entering the surface or storm water system of the city.

B.    Fail to remove fecal matter deposited by an animal under his or her ownership or control on public property or the private property of another before leaving the immediate area where the fecal matter was deposited.

C.    Fail to have in his or her immediate possession an appropriately sized bag to be used for the removal of animal feces when accompanying an animal on public property or private property of another.

Provided, however, that subsection A of this section may be enforced only as a secondary action when an animal control or law enforcement officer is investigating another suspected civil or criminal violation related to the private property. (Ord. 2077 § 1, 2011).

6.16.020 Infraction process.

As an alternative to other enforcement provision of this code, any enforcement officer designated by the director of the community development department, chief of police or the city attorney or their designee may issue a civil infraction as provided herein for a violation of this title and/or any nuisance violation as defined in this title and any such violation shall be enforceable as a civil infraction in the manner provided in the Washington State Infraction Rules for Courts of Limited Jurisdiction:

A.    Infraction Process. Once the notice of infraction has been filed with the municipal court, it shall be sent in the normal course to the animal owner(s) and/or to other person(s) causing or allowing or participating in the violation, and thereafter processed for court proceedings in accordance with applicable rules and procedures.

B.    Infraction Penalty. Violations charged under this section shall be infractions and shall carry a maximum penalty of $250.00. Each day, location, violator and incident shall constitute a separate civil infraction.

C.    Subsequent Violation Charged as Misdemeanors. It is provided, however, that if the same violator has been found, in any court of competent jurisdiction, to have previously committed an infraction violation for the same or similar conduct two or more separate times, with the infraction violations involving the same or similar sections of the Bothell Municipal Code, or other similar code or statute or regulation, any further violations shall constitute misdemeanors, punishable as provided in Chapter 1.24 BMC. For the purposes hereof, it shall be prima facie evidence that the same violator has previously been found to have committed any infraction if a certified copy of the judgment, docket or other court document showing that such violation was found committed is filed with the court. (Ord. 2040 § 3, 2010).