Chapter 6.36
PUBLIC NUISANCE
Sections:
6.36.040 Content of notices and orders to abate nuisance.
6.36.010 Public nuisance.
All violations of this chapter are detrimental to the public health, safety and welfare and are declared to be public nuisances. (Ord. 1105 § 2 (part), 2004)
6.36.020 Nuisances defined.
Nuisances are hereby defined to include:
A. Any animal which chases, runs after or jumps at vehicles using public streets and alleys;
B. Any animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways;
C. 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;
D. 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 person of suitable age and discretion to control or restrain such animal;
E. Any animal which by frequent or habitual barking, howling, yelping, whining, or other oral noise, which by its volume or frequency, unreasonably disturbs or interferes with the peace of any person(s) in the vicinity of the premises or upon the public street or in a public place. The burden is on the owner of such animal(s) to maintain quiet. Exceptions to this subsection are commercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming parlors otherwise in compliance with the Mukilteo Municipal Code, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by others;
F. Animals kept, harbored or maintained and known to have a contagious disease, unless under the treatment of a licensed veterinarian;
G. Any dog running at large within the city;
H. A female animal, whether licensed or not, while in heat (estrus) accessible to other animals for purposes other than controlled and planned breeding;
I. Any animal that causes damage to property other than the property of the animals’ owner or person having physical control of the animal;
J. Any animal maintained in violation of any provision of this chapter. (Ord. 1105 § 2 (part), 2004)
6.36.030 Nuisance declared.
A. An animal may be declared a nuisance whenever:
1. It is observed by the animal control authority, or stated in writing by three or more persons having separate residences or regularly employed in the neighborhood, that any animal is a nuisance by reason of continued violations of this chapter; or
2. An animal is impounded three or more times in any calendar year.
B. Continued violations occur when the owner or custodian of such animal(s) has received two written warnings or citations from the department or animal control authority within the calendar year.
C. The city shall mail written notice upon the owner that such nuisance must be abated; provided, that this section shall not apply to dangerous animals. If any person fails to comply with the written notice of abatement it shall be cause for impoundment of the animal.
D. The city may also seek a court order for destruction or disposition of any animal which is a nuisance under this chapter. This section shall be in addition to any other penalty provided by this title, or state or federal law. (Ord. 1105 § 2 (part), 2004)
6.36.040 Content of notices and orders to abate nuisance.
A. Whenever an animal has been declared a nuisance the city may issue a written notice and order directed to the owner of the animal. The notice and order shall contain:
1. The name and address, if known, of the owner or person presumed to be the owner of the animal in violation of this chapter;
2. The license number, if available, and a description of the animal sufficient for identification;
3. A statement that the animal control authority has found the animal to be a nuisance, with a brief and concise description of the conditions, in violation of this chapter;
4. A statement by the animal control authority that the nuisance must be abated and a concise description of the corrective action that must be taken. The order shall require that the abatement be completed within a certain time period;
5. A statement advising that, if any required abatement is not commenced and completed within the time specified, the animal control authority will proceed to cause abatement and charge the costs thereof against the owner as a joint and separate personal obligation of any person in violation;
6. A statement specifying the amount of any civil penalty assessed for the violation and, if applicable, the conditions on which assessment of such civil penalty is contingent;
7. A statement advising if any assessed civil penalty is not paid, the amount of the penalty shall be a joint and separate personal obligation of any person in violation;
8. A statement advising that the order shall become final, unless appealed. A statement advising an owner’s right to appeal the notice and order to abate, provided the appeal is timely made in the manner required by this title from the date of service of such notice and order; and failure to appeal shall constitute a waiver to all rights to an administrative hearing in determination of the matter.
B. Service of the notice and order shall be made upon all persons identified in the notice and order either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested. If the address of any such person cannot reasonably be ascertained, a copy of the notice and order shall be mailed to such person at the address of the location of the violation. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective on the date of postmark. The notice and order may be, but is not required to be, posted on the subject property.
C. Any notice and order duly issued by the animal control authority pursuant to the procedures contained in this title shall become final twenty-one calendar days after service of the notice and order unless an appeal is timely made in the manner required by this title.
D. If, after any order duly issued by the animal control authority has become final, the person to whom such order is directed fails, neglects or refuses to obey such order, including refusal to pay a civil penalty assessed under such order, the animal control authority may:
1. Cause such person to be prosecuted under the provisions of this title; and/or
2. Institute any appropriate action to collect a civil penalty assessed under this title; and/or
3. Abate the violation using the procedures of this title; and/or
4. Pursue any other appropriate remedy at law or equity under this title.
E. Enforcement of any notice and order of the animal control authority issued pursuant to this title shall be stayed during the pendency of any appeal under this title, except when the animal control authority determines that the violation will cause immediate and irreparable harm. (Ord. 1105 § 2 (part), 2004)
6.36.050 Penalty.
All nuisances under this chapter shall be abated as provided in this chapter. Any person who knowingly fails to abate a nuisance under this section or violates any of the provisions of this section is guilty of a misdemeanor subject to the provisions contained in Section 1.32.010(B), General penalties. (Ord. 1105 § 2 (part), 2004)