Chapter 6.05
LICENSING – CONTROL
Sections:
6.05.001 Introduction and purpose.
6.05.002 Penalties – Infraction unless otherwise designated.
6.05.010 Definitions.
6.05.020 Licensing of animals.
6.05.025 Inoculations.
6.05.030 Licensing procedure – Tags.
6.05.040 License renewal.
6.05.050 Fee schedules.
6.05.060 Fee review.
6.05.070 Running at large prohibited.
6.05.080 Animal waste.
6.05.090 Rabies notice.
6.05.100 Nuisances defined.
6.05.110 Nuisance – Notice and order to abate.
6.05.120 Notice of “dangerous dog” declaration.
6.05.121 Contents of nuisance animal notice and order to abate, or “dangerous dog” declaration notice and order, and service thereof.
6.05.122 Appeal – Authority.
6.05.123 Appeal – Form.
6.05.124 Appeal – Procedures.
6.05.125 Failure to abate a nuisance – Penalty.
6.05.126 Impoundment.
6.05.127 Impound procedures.
6.05.128 Cruelty violations declared unlawful.
6.05.130 Household pet regulations.
6.05.131 Wild animals.
6.05.132 Inherently dangerous and prohibited animals.
6.05.134 Stay of enforcement.
6.05.135 No duty created.
6.05.001 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. (Ord. 2296 § 1, 2001).
6.05.002 Penalties – Infraction unless otherwise designated.
A violation of any provision of this chapter shall constitute a Class I Civil Infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. The penalty for violation of a provision of this chapter may be set by resolution; provided, however, that a fourth and subsequent violation of animal running at large in the City shall be a misdemeanor offense. Upon conviction such person shall be punished by a fine not to exceed $1,000 or by imprisonment for a period not to exceed 90 days or both such fine and imprisonment. (Ord. 2414 § 1, 2006; Ord. 2296 § 1, 2001).
6.05.010 Definitions.
A. “Animal control authority” means the person, association or corporation appointed or authorized by the City of Mountlake Terrace and/or Chief of Police or his designee to enforce the provisions of this chapter and all other municipal codes 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.
D. “Covered animal” means horses, ponies, mules, donkeys, bovine animals, sheep, llamas, goats, swine, or other hoofed animals.
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. “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.
G. “Household pet” means any small domestic animal that is usually tamed and bred by humans, and maintained in a household or residential setting.
H. “Inherently dangerous animal” means any live member of the Canidae, Felidae, Urisdae, and Retilia 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 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 feet and over, including but not necessarily limited to Green Anaconda, Reticulated Pythons, 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. “Prohibited animals” means any animal defined in this chapter as a “covered animal” or “inherently dangerous animal”, and additionally includes: weasels, roosters, turkeys, swans, geese, and non-human primates except when a specific primate is shown to be a qualified aide for a physically handicapped individual.
O. “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 secure sides and a secure top, and shall also provide protection from the elements for the dog.
P. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
Q. “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.
R. “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.
Whenever a type or breed of animal is described in this chapter, it includes any hybrid, cross breed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal’s appearance, behavior or pedigree.
Whenever a power is granted to, or a duty is imposed upon the animal control authority or other public office, the power may be exercised or the
duty performed by an agent of the animal control authority or by any person duly authorized unless this chapter expressly provides otherwise.
All other words or phrases used in this chapter have their commonly accepted meanings. (Ord. 2296 § 1, 2001).
6.05.020 Licensing of animals.
It shall be unlawful for any person, firm or corporation to own, possess, or harbor any cat, dog, goat, horse, or pig over the age of three months within the City of Mountlake Terrace, unless said person, firm, or corporation shall have first procured a license therefor as provided by resolution. Anyone acquiring an animal, which requires a license, shall apply for same within 30 days of acquisition of said animal. The license fees shall not apply to animals requiring a license owned by nonresidents temporarily within the City for a period of not more than 30 days. (Ord. 2296 § 1, 2001).
6.05.025 Inoculations.
Prior to the issuance of animal licenses, the City may require that the animal to be licensed has received inoculations deemed necessary to a licensed veterinarian for the protection of the health, safety and welfare of the citizens of Mountlake Terrace. Proof of aforesaid inoculations shall be made by certification of a licensed veterinarian. (Ord. 2296 § 1, 2001).
6.05.030 Licensing procedure – Tags.
It shall be the duty of the City Manager, or such person as the City Manager may appoint, to issue licenses to persons applying therefor, upon payment of the license fee. Upon issuance of a license, a tag with numbers corresponding to the numbers of the application shall be furnished the applicant, who shall cause the same to be attached or affixed to the animal licensed. Tags shall not be transferable from one animal to another. (Ord. 2296 § 1, 2001).
6.05.040 License renewal.
All licenses granted under this chapter shall be renewable on the next succeeding first day of July. Lifetime licenses lawfully issued to animals prior to the adoption of the ordinance codified in this chapter shall continue to be valid for the life of the animal to which they were issued. Any licensable animal not displaying the prescribed license tags shall be considered as unlicensed for the purposes of this chapter. (Ord. 2296 § 1, 2001).
6.05.050 Fee schedules.
There shall be a fee imposed for animal licenses, boarding, impounds, and other related services which shall be established by resolution to recover the costs or portion thereof of animal control, boarding, impound, or other service fees for services that originate within the boundaries of the City of Mountlake Terrace regardless of where the services may be provided. Those services may be provided by the City, other governmental agencies or private businesses through agreements made with the City of Mountlake Terrace. (Ord. 2296 § 1, 2001).
6.05.060 Fee review.
Fees for animal licenses or services may be reviewed by the Council and adjusted to reflect costs incurred by the City, allowing for the recovery of those costs. (Ord. 2296 § 1, 2001).
6.05.070 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. (Ord. 2296 § 1, 2001).
6.05.080 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 that animal off their private property 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. (Ord. 2296 § 1, 2001).
6.05.090 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 10 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 10 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, which shall either remove the animal to the designated shelter or summarily destroy it. (Ord. 2296 § 1, 2001).
6.05.100 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 that chases, runs after or jumps at vehicles using public streets and alleys;
2. Any animal that 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 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;
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; or
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. (Ord. 2296 § 1, 2001).
6.05.110 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 MTMC 6.05.100, the animal control authority shall serve a notice of violation and order as set forth in MTMC 6.05.121 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 Chapter 16.08 RCW relating to dangerous dogs. Appeal of a nuisance order shall be governed by MTMC 6.05.123 and 6.05.124. (Ord. 2296 § 1, 2001).
6.05.120 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 MTMC 6.05.121. (Ord. 2296 § 1, 2001).
6.05.121 Contents of nuisance animal notice and order to abate, or “dangerous dog” declaration 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 the identity of the owner cannot be reasonably ascertained;
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 imposed 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 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 MTMC 6.05.123 and 6.05.124. (Ord. 2296 § 1, 2001).
6.05.122 Appeal – Authority.
All appeals filed shall be brought before the Hearing Examiner in accordance with and pursuant to the provisions of this chapter and Chapter 2.120 MTMC. The Hearing Examiner is authorized to hear any appeal from an order to abate a nuisance issued pursuant to MTMC 6.05.110 and declarations of dangerous dogs issued pursuant to MTMC 6.05.121. (Ord. 2296 § 1, 2001).
6.05.123 Appeal – Form.
Any person entitled to service under MTMC 6.05.121 may appeal from any declaration of “dangerous dog,” any notice and order, or any action of the animal control authority by filing within 10 days from the date of service of such notice of declaration or notice and order, a written appeal at the office of the Chief of Police, containing:
A. A caption reading: “Appeal of ______,” giving the names of all appellants participating in the appeal;
B. A brief statement setting forth the legal interest of each of the appellants involved in the notice and order;
C. 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;
D. 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;
E. Signatures of all parties named as appellants, and their official mailing addresses; and
F. Verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matter stated in the appeal. (Ord. 2296 § 1, 2001).
6.05.124 Appeal – Procedures.
A. Filing. A notice of appeal, substantially in the form prescribed in MTMC 6.05.123, shall be filed with the Chief of Police not more than 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 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 not less than 10 days prior to the scheduled hearing date. The failure of the appellant to appear at the hearing shall result in a judgment by default 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 witness’s written statement under oath shall make a written request to the Hearing Examiner to subpoena such witness not later than 10 days after the filing of the notice of appeal.
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 30 days of the written order of the Hearing Examiner.
F. A copy of MTMC 6.05.123 and 6.05.124 shall be served on any person receiving an order to abate a nuisance pursuant to MTMC 6.05.110 or declaration of dangerous dog issued pursuant to MTMC 6.05.120 at the time such order or declaration is served. (Ord. 2296 § 1, 2001).
6.05.125 Failure to abate a nuisance – Penalty.
Any owner or person having charge of any animal who fails to abate such nuisance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or 90 days in jail, or both such fine and jail. (Ord. 2296 § 1, 2001).
6.05.126 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 representative 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 at the City’s animal shelter. (Ord. 2296 § 1, 2001).
6.05.127 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 MTMC 6.05.126(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 animal control authority 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;
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 officer in the performance of its duties. (Ord. 2296 § 1, 2001).
6.05.128 Cruelty violations declared unlawful.
It is unlawful for any person to:
A. Willfully and cruelly injure or kill any animal by any means including but not limited to:
1. By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or to fail to aid or attempt alleviation of pain, suffering or injury he has so caused to any animal;
2. 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;
3. 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;
4. Confine any animal without adequate water, aid 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; or
5. Any person violating any provision of this section shall be guilty of a gross misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $5,000 or 365 days in jail, or both such fine and jail. (Ord. 2296 § 1, 2001).
6.05.130 Household pet regulations.
A. Household pets of at least six months of age, not to exceed four in number of any combination, may be kept in a single household.
B. If kept outdoors, household pets must be provided the proper shelter and water necessary for survival.
C. Periodic cleanup of animal waste shall be the responsibility of the owner in order to maintain general sanitation and minimize odor.
D. Adequate measures shall be taken to prevent household pets from straying onto adjacent property.
E. The keeping of household pets on the premise of multi-household residential projects may be controlled by regulations imposed by the property’s management staff or homeowner’s association. In no case shall these regulations be less restrictive than those contained in this chapter. (Ord. 2296 § 1, 2001).
6.05.131 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 violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or 90 days in jail, or both such fine and jail. (Ord. 2296 § 1, 2001).
6.05.132 Inherently dangerous and prohibited animals.
It is unlawful for any person to possess or maintain an inherently dangerous or prohibited animal within the City of Mountlake Terrace. Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or 90 days in jail, or both such fine and jail. Covered animals that existed within the City on October 1, 2001, are exempt from this provision for:
A. The life of the animal; or
B. Until legal transfer of the parcel upon which they resided. (Ord. 2296 § 1, 2001).
6.05.134 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. (Ord. 2296 § 1, 2001).
6.05.135 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. (Ord. 2296 § 1, 2001).