Chapter 6.01
ANIMAL CONTROL – GENERAL PROVISIONS AND DEFINITIONS
Sections:
6.01.010 Definitions.
6.01.020 Authorized agents may perform duties.
6.01.030 Authority to pursue.
6.01.040 Notice of impounding animal.
6.01.050 Hindering an officer.
6.01.060 Interference with impounding.
6.01.070 Redemption of dogs.
6.01.080 Redemption of animals other than dogs.
6.01.085 Mandatory spay/neuter for impounded dogs and cats – Deposit – Refund – Exception.
6.01.088 Conditions of release.
6.01.090 Injured or diseased animals.
6.01.100 Duties upon injury or death to an animal.
6.01.110 Poisoning of animals.
6.01.120 Abatement of nuisances.
6.01.130 Penalty for violation.
6.01.140 Severability.
6.01.150 Adoption of certain other laws.
6.01.160 License fees.
6.01.010 Definitions.
As used in this title, the following terms shall have the following meanings:
A. “Adult” means any animal over the age of seven months.
B. “Animal” means any nonhuman mammal, bird, reptile or amphibian, excluding livestock and poultry as defined herein.
C. “Animal control agency” means that animal control organization authorized by the city of Edgewood to enforce its animal control provisions.
D. “Animal shelter” means that animal control facility authorized by city of Sumner.
E. “At large” means off the premises of the owner or keeper of the animal, and not under restraint by leash or chain or not otherwise controlled by a competent person.
F. “Cat” means and includes female, spayed female, male and neutered male cats.
G. “Competent person” means a person who is able to sufficiently care for, control, and restrain his/her animal, and who has the capacity to exercise sound judgment regarding the rights and safety of others.
H. “Court” means district court or the superior court, which courts shall have concurrent jurisdiction hereunder.
I. “Dog” means and includes female, spayed female, male and neutered male dogs.
J. “Humane trap” means a live animal box enclosure trap designed to capture and hold an animal without injury.
K. “Impound” means to receive into the custody of the animal control shelter, or into the custody of the director or his or her authorized agent or deputy.
L. “Juvenile” means any animal from weaning to seven months of age.
M. “Livestock” means all cattle, sheep, goats, or animals of the Bovidae family; all horses, mules, other hoof animals, or animals of the Equidae family; all pigs, swine, or animals of the Suidae family; llamas; and ostriches, rhea, and emu.
N. “Misdemeanor” means a maximum penalty of one year in jail and/or $5,000 fine, pursuant to Chapter 1.10 EMC.
O. “Police department” means the city of Edgewood police department, or designee, contracted to provide such law enforcement services.
P. “Owner” means any person, firm, or corporation owning, having an interest in, or having control or custody or possession of any animal.
Q. “Potentially dangerous dog” means any dog that when unprovoked: (a) inflicts bites on a human, domestic animal, or livestock either on public or private property; or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds or private property in a menacing fashion or apparent attitude of attack; or (c) any dog with a known propensity, tendency, or disposition to attack unprovoked or to cause injury or otherwise to threaten the safety of humans, domestic animal, or livestock on any public or private property.
R. “Poultry” means domestic fowl normally raised for eggs or meat, and includes chickens, turkeys, ducks and geese.
S. “Securely enclosed and locked” means a pen or structure which has secure sides and a secure top. If the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot.
T. “Unconfined” means not securely confined indoors or in a securely enclosed and locked pen or structure upon the premises of the person owning, harboring or having the care of the animal. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.020 Authorized agents may perform duties.
Wherever a power is granted to or a duty imposed upon the police department, the power may be exercised or the duty may be performed by a deputy of the department or by an authorized agent deputized to carry out such duties. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.030 Authority to pursue.
Those employees or agents of the city charged with the duty of seizing animals running at large may pursue such animals onto city-owned property, vacant property, and unenclosed private property, and seize, remove, and impound the same. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.040 Notice of impounding animal.
Upon the impoundment of any animal under the provisions of this title, the animal control agency shall immediately notify the owner, if the owner is known, of the impounding of such animal, and of the terms upon which said animal can be redeemed. The impounding authority shall retain said animal for 48 hours following actual notice to the owner. The notifying of any person over the age of 18 who resides at the owner's domicile shall constitute actual notice to the owner. If the owner of said animal so impounded is unknown, then said animal control agency shall make a reasonable effort to locate and notify the owner of said animal. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.050 Hindering an officer.
It shall be unlawful for any person to interfere with, hinder, delay, or impede any officer who is enforcing the provisions of this title as herein provided. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.060 Interference with impounding.
It is unlawful for any person to willfully prevent or hinder the impounding of any animal, or to, by force or otherwise, remove any animal from the animal shelter without authority of the person in charge of the animal shelter, or without payment of all lawful charges against such animal, or to willfully resist or obstruct any officer in the performance of any official duty. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.070 Redemption of dogs.
The owner of any dog impounded under this title may redeem said dog within 48 hours from time of impounding by paying to the animal control agency the appropriate redemption fee. The first time a dog is impounded within a one-year period, the redemption fee is $25.00; for the second impound within a one-year period the redemption fee is $50.00; for the third and subsequent impounds within a one-year period the redemption fee is $75.00. If a dog is wearing a current pet license at the time of the first impound, no redemption fee will be collected. In addition to the redemption fee, the redeemer shall pay, as a boarding charge for the caring and keeping of such dog, the sum of $6.00 per day for each day, including the first and last days, that the dog is retained by the impounding authority. This boarding charge will be collected for the first-time impound whether the animal is wearing a pet license or not. If an impounded dog is not redeemed by the owner within 48 hours, then any person may redeem it within the next 48 hours by complying with the above provision. In case such dog is not redeemed within 96 hours, it may be humanely destroyed or otherwise disposed of within the discretion of the animal control agency. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.080 Redemption of animals other than dogs.
The owner of any animal other than a dog or livestock impounded under the provisions of this title may redeem it within 48 hours from the time of impounding by paying to the animal control agency a redemption fee of $15.00. In addition to the redemption fee, the redeemer shall pay, as a boarding charge for the caring and keeping of such animal, the sum of $4.00 per day for each day, including the first and last days, that the animal is retained by the impounding authority. If such animal is not redeemed by the owner within 48 hours, it may be humanely destroyed or otherwise disposed of at the discretion of the animal control agency; provided, however, that any animal so impounded less than two months of age, at the discretion of the animal control agency, may be humanely destroyed or otherwise disposed of at any time after impounding. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.085 Mandatory spay/neuter for impounded dogs and cats – Deposit – Refund – Exception.
A. Mandatory Spay/Neuter – Deposit. No unaltered dog or cat that is impounded more than once in any 12-month period may be redeemed by any person until the sum of $50.00 is deposited with the city of Sumner, to cover the cost of spaying or neutering the animal, and the dog or cat has been altered.
B. Refund. The alteration deposit shall be refunded upon a showing of proof of alteration from a licensed veterinarian.
C. Exception. The alteration deposit shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian that the spay or neuter procedure would be harmful to the animal. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.088 Conditions of release.
The animal control agency is authorized to refuse to release to its owner any animal which has been impounded more than once in a 12-month period unless satisfied that the owner has taken steps that the violation will not occur again. The agency may impose reasonable conditions which must be satisfied by the owner before release of the animal, including conditions assuring that the animal will be confined. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.090 Injured or diseased animals.
Any animal suffering from serious injury or disease may be humanely destroyed by the animal control agency; provided, that the animal control agency shall immediately notify the owner, if the owner is known, and if the owner is unknown, make a reasonable effort to locate and notify the owner. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.100 Duties upon injury or death to an animal.
The operator of a vehicle involved in an accident resulting in injury or death to an animal or livestock shall immediately stop the vehicle at or as near to the scene of the accident as possible, and return thereto, and shall give to the owner or other competent person having custody of the animal, the name and address of the operator of the vehicle and the registration number of the vehicle involved in the accident. If the owner or other competent person is not the person at the scene of the accident, the operator shall take reasonable steps to locate the owner or custodian of the said animal and shall supply the information hereinabove required. If the animal is injured to the extent that it requires immediate medical attention and there is no owner or custodian present to look after it, the operator of said vehicle shall immediately report the situation to the police department. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.110 Poisoning of animals.
No person shall place or expose or cause to be placed or exposed in any yard or lot of vacant or enclosed land, or on any exposed place or public place, or on any street, alley, or highway, or other place where the same may be taken internally by a child, person, or by any domestic animal, or fowl, any poisonous substance which, if taken internally, may cause death or serious sickness. The provisions of this section shall not apply to the killing by poison of any domestic animal, or fowl in a lawful and humane manner by its owner or by a duly authorized agent of such owner or by a person acting pursuant to instructions from a duly constituted public authority. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.120 Abatement of nuisances.
Any person convicted of a misdemeanor for violating any of the provisions of this title in the keeping or maintenance of any nuisance as herein defined shall, in addition to any fine or imprisonment imposed by the court in such action, be ordered to forthwith abate and remove the nuisance; and if the same is not done by the offender within 24 hours, the same shall be abated and removed under the direction the officer authorized by the order of said court, which order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action.
Any such person shall be liable for all costs and expenses of abating the same when the nuisance has been abated by any officer of the city of Edgewood or the animal control agency of the city of Edgewood, which costs and expenses shall be taxed as part of the costs of the prosecution against the party, liable to be recovered as other costs are recovered; and in all cases where the officer is authorized by the court, shall abate any nuisance and he or she shall keep an account of all expenses attending the abatement; and in addition to other powers herein given to collect the costs and expenses, the city of Edgewood may bring suit for the same in any court of competent jurisdiction against the person keeping or maintaining the nuisance so abated. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.130 Penalty for violation.
A person who violates any of the provisions of this title, shall be guilty of a misdemeanor, and upon conviction thereof, be punished as set forth in Chapter 1.10 EMC. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.140 Severability.
If any section, sentence, clause or phrase of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this title. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.150 Adoption of certain other laws.
To the extent that any provision of the Edgewood Municipal Code, or any other law, rule or regulation referenced herein is necessary or convenient to establish validity, enforceability or interpretation of the animal control code, then such provisions of the Edgewood Municipal Code, or other law, rule or regulation is hereby adopted pursuant to RCW 35A.13.180 and 35A.12.140. (Ord. 05-261 § 1; Ord. 04-222 § 1).
6.01.160 License fees.
The license fees for the ownership, keeping or having control of dogs or cats in the city shall be as follows:
|
A. |
Adult Dogs |
altered |
$14.00 |
|
|
|
unaltered |
$65.00 |
|
B. |
Juvenile Dogs |
|
$0.00 |
|
C. |
Adult Cats |
altered |
$10.00 |
|
|
|
unaltered |
$65.00 |
|
D. |
Juvenile Cats |
|
$0.00 |
|
E. |
Reduced rates for senior citizens, 65 years of age or older: |
||
|
|
1. Dogs |
altered |
$8.00 |
|
|
|
unaltered |
$35.00 |
|
|
2. Cats |
altered |
$4.00 |
|
|
|
unaltered |
$35.00 |
(Ord. 05-261 § 1; Ord. 04-222 § 1).