Chapter 9.01
GENERAL PROVISIONS

Sections:

9.01.010    Repealer.

9.01.020    Purpose.

9.01.030    Definitions.

9.01.040    Authority and duties of the animal control agency.

9.01.050    Financial Responsibility of Animal Owner.

9.01.010 Repealer.

Snohomish county resolution adopted in regular session April 13th, 1953, as codified in chapter 6.24 SCC; Snohomish county resolution adopted in regular session August 31st, 1943, as codified in chapter 6.24 SCC; Snohomish county resolution adopted March 24, 1958; Snohomish county resolution adopted June 30, 1958; and Snohomish county resolution adopted July 7th, 1958, as codified in Title 9 SCC in chapters 9.01 through 9.08 SCC, are each repealed. Title 9 SCC to be reenacted by the resolution codified herein.

(Res. adopted July 9, 1973).

9.01.020 Purpose.

It is hereby declared the public policy of Snohomish county to encourage, secure and enforce those animal control measures deemed desirable and necessary, for the protection of 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 the resolution codified herein to provide a means of licensing dogs, private kennels, commercial kennels, animal grooming parlors and pet shops and controlling animal behavior so that it shall not constitute a nuisance and to prevent or curtail cruelty to animals.

(§ 1 of Res. adopted July 10, 1978; Res. adopted July 9, 1973).

9.01.030 Definitions.

In this title and in chapter 6.06 SCC, unless the context clearly requires otherwise, the following definitions shall apply:

(1) "Abatement" means the termination of any violation of this title by lawful and reasonable means as determined by Snohomish county animal control agency personnel in order that the presumed owner of an animal comply with this title.

(2) "Adult dog or cat" means any dog or cat six months of age or older.

(3) "Animal" means any member of the classes: reptile, amphibian, bird, marsupial or non-human mammal.

(4) "Animal control agency" means the agency designated in SCC 9.01.040.

(5) "Animal control officer" means any individual employed, contracted or appointed by the animal control agency for the purpose of enforcing this code or Title 6 SCC, or the laws of the state of Washington pertaining to animals.

(6) "Cat" means a domesticated Felis catus.

(7) "Certificate of registration for dangerous dog" means the document issued by the licensing authority under chapter 16.08 RCW and SCC 9.10.040.

(8) "Certification authority" means the licensing authority.

(9) "County" for purposes of this title, means the unincorporated areas of Snohomish county.

(10) "Dangerous dog" means any dog that (a) inflicts severe injury on or kills a human being without provocation, (b) inflicts severe injury on or kills a domestic animal without provocation while the dog is off the property where the owner resides, or (c) 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 other animals. If two or more dogs jointly engage in any conduct described in this subsection, then regardless of the degree of participation by the individual dog, all such dogs shall be deemed dangerous dogs. Dogs shall not be declared dangerous 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 property where the owner resides, 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.

(11) "Dog" means a domesticated Canis familiaris, including wolf-hybrids.

(12) "Domesticated animal" means any animal including dogs, cats, rabbits, horses, mules, asses, cattle, sheep, swine, goats or other animals made to be domestic.

(13) "Euthanasia" means the humane destruction of an animal by a method that is painless to such animal either causing instant painless unconsciousness and subsequent death or immediate death.

(14) "Licensing authority" means the Snohomish county auditor or the Snohomish county auditor’s duly authorized representative.

(15) "Owner" means any adult person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.

(16) "Dogs running in packs" means a group of three or more dogs running at large.

(17) "Person" means any individual, partnership, corporation, trust, estate, or other legal entity.

(18) "Potentially dangerous dog" means any dog that (1) when unprovoked: (a) bites a human or bites a domestic animal, or (b) chases or approaches a person in a menacing fashion or apparent attitude of attack while the dog is off the property where the owner resides, or (2) has a known propensity, tendency, or disposition to attack unprovoked, or to cause injury, or otherwise threaten the safety of humans or domestic animals. If two or more dogs jointly engage in any conduct described in this subsection, then regardless of the degree of participation by the individual dog(s), all such dogs shall be deemed potentially dangerous dogs. Dogs shall not be declared potentially dangerous if (a) or (b) above happened to a person who was committing a willful trespass or other tort upon the property where the owner resides, 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.

(19) "Premises" means where the dog is owned, kept and/or otherwise maintained and includes the dwelling unit or residence of multi-family dwellings. "Multi-family dwellings" includes duplexes, apartments and condominiums.1

(20) "Proper enclosure of a dangerous dog" means, a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping and surrounded by a perimeter fence with a locked gate. Such pen or structure shall have a locking door with a padlock, secure sides, a concrete floor, and a secure top, and shall also provide protection from the elements for the dog and comply with all applicable provisions of the Snohomish county building and zoning code. The premises where the dangerous dog is located must be posted with a clearly visible warning sign/symbol that informs children as well as adults of the presence of a dangerous dog.

(21) "Running at large" means to be off the owner’s premises and not under control.

(22) "Secure fence" means a board or wire fence that: a) will contain the type of animal to be restrained; b) is securely fastened to posts firmly set in the ground; and c) is properly maintained to keep the animal confined. Fences must conform to the Unified Development Code if applicable.

(23) "Service animal" means an animal that is trained to assist or accommodate a disabled person’s sensory, mental, or physical disability.

(24) "Severe injury" means a physical injury resulting in broken bones or lacerations requiring sutures or surgery.

(25) "Under control" means the dog is restrained by a secure leash or other restraint not more than eight feet in length and under the physical control of a person capable of restricting the animal’s movement while off the owner’s premises. The dog is presumed not to be under control if it chases or approaches a human or domestic animal in a menacing fashion or apparent attitude of attack, or injuries, damages, or trespass result.

(26) "Vicious" means any domesticated animal that chases or approaches or has a known propensity to chase or approach a human or domestic animal in a menacing fashion or apparent attitude of attack, or snaps, growls, snarls, bares teeth, lunges, jumps at or upon, or otherwise threatens a human or domestic animal.

(Ord. 80-105 §§ 1, 2, adopted December 10, 1980; § 2 of Res. adopted July 10, 1978; Res. adopted February 23, 1976; § 1 of Res. adopted December 17, 1973; Res. adopted July 9, 1973; Amended Ord. 87-047, § 1, July 8, 1987; Ord. 95-077, § 1, September 20, 1995, Eff date October 1, 1995; Amended Ord. 97-020, § 19, May 7, 1997, Eff date July 1, 1997; Amended Ord. 01-049, July 25, 2001, Eff date August 9, 2001; Ord. 02-042, Sept. 18, 2002, Eff date Sept. 29, 2002; Ord. 06-135, Feb. 28, 2007, Eff date March 16, 2007; Amended by Amended Ord. 10-070, Sept. 8, 2010, Eff date Sept. 19, 2010; Amended by Ord. 16-111, Nov. 14, 2016, Eff date Dec. 8, 2016).

9.01.040 Authority and duties of the animal control agency.

(1) The animal control agency shall be a division of the Snohomish county auditor. The duly elected auditor of Snohomish county shall be the director of the animal control agency.

(2) The animal control agency is authorized to enforce the provisions of the Snohomish County Code and the laws of the State of Washington as they pertain to animals.

(3) All animal control officers must be special deputies commissioned by the Snohomish county sheriff.

(Added Ord. 06-135, Feb. 28, 2007, Eff date March 16, 2007)

9.01.050 Financial Responsibility of Animal Owner.

The owner of any animal confiscated or impounded under Title 9 SCC shall pay the county assessed penalties and all fees and costs associated with apprehension, transportation, impoundment, care, boarding, and any veterinary costs incurred including euthanasia and disposal if applicable, as a result of the confiscation or impoundment whether or not the animal is redeemed. Relinquishment of the animal by its owner does not constitute a waiver of the fees or costs incurred under this section or fines otherwise imposed. The county may collect the penalties, fees and expenses by use of appropriate legal remedies.

(Added by Amended Ord. 10-070, Sept. 8, 2010, Eff date Sept. 19, 2010; Amended by Ord. 11-014, May 25, 2011, Eff date June 10, 2011)


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Code Reviser Note: Subsection (19) of SCC 9.01.030, "Premises", was added by Amended Ord. 10-070 but was not indicated with addition marks.