Title 6
ANIMALS¹

Chapters:

6.04 Animal Control

6.08 Dog Feces Removal

6.12 Pigs

Chapter 6.04
ANIMAL CONTROL

Sections:

6.04.010 Purpose.

6.04.020 Definitions.

6.04.030 Dog and cat licensing.

6.04.040 Animal shelter and kennel license – Required.

6.04.050 Animal shelter and kennel license – Zoning and health requirements.

6.04.060 Hobby kennel license.

6.04.070 Animal shelters, kennels and pet shops – Reports – Inspections – Sanitation.

6.04.080 Animal shelters, kennels and pet shops – General standards.

6.04.090 Animal shelters, kennels and pet shops – Indoor facilities.

6.04.100 Animal shelters, kennels and pet shops – Outdoor facilities.

6.04.110 Grooming parlors – License.

6.04.120 Grooming parlors – Conditions.

6.04.130 Rule and regulation promulgation.

6.04.140 Reapplication after license denial.

6.04.150 Animal nuisances.

6.04.160 Police dog interference.

6.04.170 Cruelty to animals.

6.04.180 Poisonous snakes and reptiles.

6.04.190 Enforcement power.

6.04.200 Impoundment – Authority – Holding.

6.04.210 Impoundment – Redemption procedures.

6.04.220 Mandatory spay/neuter and microchipping for impounded dogs and cats – Deposit – Refund – Exception.

6.04.230 Impoundment – Inspections.

6.04.240 Feral cats and dogs.

6.04.250 Repealed.

6.04.260 Legal or equitable enforcement action.

6.04.270 Enforcement by notice and order.

6.04.280 Appeals.

6.04.290 Nuisance abatement – Generally.

6.04.300 Nuisance abatement – Biting or attacking animals.

6.04.310 Violation – Misdemeanor, infraction penalty.

6.04.320 Violations – Abatement.

6.04.010 Purpose.

It is declared the public policy of the city to secure and maintain such levels of animal control as will protect human health and safety, and to the greatest degree practicable, prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of licensing dogs, cats, animal shelters, hobby kennels, kennels and pet shops and controlling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals. (Ord. 1340 § 1, 1986)

6.04.020 Definitions.

In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning; in addition, the following definitions shall apply:

A. “Abatement” means the termination of any violation by reasonable and lawful means determined by the director in order that an owner or a person presumed to be the owner shall comply with this chapter.

B. “Animal” means any living creature except persons, insects and worms.

C. “Animal control authority” means the Sumner police department, acting alone or in concert with other agencies for enforcement of animal control laws and the shelter and welfare of animals.

D. “Animal control officer” means any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal.

E. “City” means the city of Sumner, Washington.

F. “Director” means the Sumner chief of police.

G. “Domesticated animal” means any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep or hog, bird, or other animal made to be domestic.

H. “Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during such loss of consciousness.

I. “Exotic animals” shall mean any of the following:

1. Venomous species of snakes capable of inflicting serious physical harm or death to human beings;

2. Nonhuman primates and prosimians;

3. Bears;

4. Nondomesticated species of felines;

5. Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids;

6. The order Crocodilia, including alligators, crocodiles, caimans and gavials.

J. “Grooming parlor” means any place or establishment, public or private, where animals are bathed, clipped or combed, whether or not for compensation, for the purpose of enhancing their aesthetic value.

K. “Hobby kennel” means a noncommercial kennel at or adjoining a private residence where four or more adult animals are bred and/or kept for hunting, training and exhibition for organized shows, field, working, and/or obedience trials or for enjoyment of its species.

L. “Kennel” means a place where four or more adult dogs or cats or any combination thereof are kept whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of six months.

M. “Leash” shall include a cord, thong or chain not more than eight feet in length by which an animal is controlled by the person accompanying it.

N. “Livestock” means horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and fowl.

O. “Owner” means any person having an interest in or right of possession to an animal or any person having control, custody or possession of any animal, or who, by reason of the animal being seen residing consistently in a location, may presume to be the owner.

P. “Pack of dogs” means a group of three or more dogs running upon either public or private property not that of its owner in a state in which either its control or ownership is in doubt or cannot readily be ascertained and when such dogs are not restrained or controlled.

Q. “Person” means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity.

R. “Pet shop” means a person or establishment that acquires for the purpose of sale live animals, including birds, reptiles, fowl and fish, bred by others, whether as owner, agent, or on consignment, and sells, or offers to sell, such live animals, including birds, reptiles, fowl and fish to the public or to retail outlets.

S. Restraint. An animal is considered to be under “restraint” if it is maintained and remains within the property limits of its owner or keeper.

T. “Running at large” means to be off the premises of the owner or on the premises of another without the written permission of the owner thereof and not on a leash and not under the control of the owner or competent person authorized by the owner.

U. “Shelter” means a facility which is used to house or contain strays, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization or person devoted to the welfare, protection and humane treatment of animals.

V. “Under control” means the animal is under control so as to be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off the premises of the owner.

W. “Vicious” means a propensity to do any act that might endanger the safety of any person, animal or property of another, including, but not limited to, a disposition to mischief or fierceness as might occasionally lead to attack on human beings without provocation, whether in play or outbreak of untrained nature.

X. “Guide dog” means a dog which is in working harness and is trained or approved by an accredited school engaged in training dogs for the purpose of guiding blind persons or a dog which is trained or approved by an accredited school engaged in training dogs for the purpose of assisting hearing impaired persons.

Y. “Service dog” means a dog that is trained or approved by an accredited school, or state institution of higher education, engaged in training dogs for the purposes of assisting or accommodating a physically disabled person related to the person’s physical ability. (Ord. 1901 § 1, 1999: Ord. 1760 § 1, 1996; Ord. 1340 § 2, 1986)

6.04.030 Dog and cat licensing.

A. License Requirements. All dogs and cats eight weeks of age or older which are harbored, kept or maintained in the city shall be licensed by the city annually on a schedule established by the animal control authority; provided, however, that dogs kept in kennels need not be licensed as provided in SMC 6.04.040; provided further, that this section shall not apply to dogs used by the police department for police work.

B. Fees. Dog and cat licenses shall be issued by the animal control authority upon application and payment of an annual license fee made payable to the clerk-treasurer. The fee for each animal license shall be as set forth in the following schedule of fees. Applications for a dog or cat license shall be on forms provided by the animal control authority. No prorating of a license fee for a portion of the calendar year shall be made. Every dog or cat kept within the city limits shall be provided by its owner with a collar or harness made of leather, metal or other substantial material which shall be worn by such dog or cat at all times when off the premises of the licensed owner and to which the license tag provided shall be securely fastened.

Animal Control Fees:
(1)	Juvenile dogs – eight weeks through six months	$2.00
(2)	Adult dogs – seven months or older:
	Altered	$7.00
	Unaltered	$50.00
(3)	Juvenile cats – eight weeks through six months	$2.00
(4)	Adult cats – seven months or older:
	Altered	$4.00
	Unaltered	$50.00
(5)	Reduced rates for senior citizen, 65 years of age or older:
(a)	Dogs:
	Altered	$4.00
	Unaltered	$28.00
(b)	Cats:
	Altered	$2.00
	Unaltered	$28.00
(c)	Lifetime license (altered dog or cat)	$15.00
	In order to receive the fee advantage for altered dogs and cats, an individual must provide either proof of alteration from a licensed veterinarian or a written statement from a licensed veterinarian that the spay/ neuter procedure would be harmful to the animal.
(6)	Exotic animal – Owner’s license	$100.00
(7)	Board:
	Cats	$4.00
	Dogs/other animals	$5.00
(8)	Impound fees:
	Dogs/other animals	$25.00
	Cats	$15.00
(9)	Adoption fees – includes an animal license, spaying/neutering of the animal and a microchip	$75.00
(10)	Kennel fees:
(a)	Fewer than 10 dogs and/or cats	$25.00
(b)	More than 10 dogs and/or cats	$50.00
(11)	Grooming service
	Operating alone	$100.00
	Operated in conjunction with pet shop, kennel or veterinarian	$100.00
(12)	Replacement tag fee	$2.00
(13)	Microchip – The city of Sumner has determined that the best method of identification of animals under current technology is the microchip. Microchipping can be performed by veterinarians. If an animal owner residing inside the Sumner city limits shows proof that their animal has been microchipped, the owner can receive a one-time credit of up to $10.00 on an animal license. Proof of microchipping on the animal to be licensed is required at the time of licensing.
(14)	Checks – Any person who issues a check for which funds are insufficient (NSF) will be assessed a fee of $20.00. In addition, any license(s) or penalties paid with such checks will be invalid. Additional costs incurred by the city in collecting NSF checks shall be considered a cost of abatement and will be the personal obligation of the animal owner and will be subject to civil litigation.

C. Penalty. Any person who fails to obtain a license within 15 days after the renewal date shall be charged a penalty fee in the sum of $10.00; provided, however, that no late penalty shall be charged if:

1. The owner submits proof of purchase of the animal within the preceding 30 days; or

2. The owner has moved into the city within the preceding 30 days; or

3. The animal is currently, or has been within the preceding 30 days under the age which requires a license; or

4. The owner purchases the license(s) voluntarily prior to in-person or field contact by animal control personnel; or

5. The owner submits other proof deemed acceptable in the animal control authority’s administrative policy.

D. Fees Collected. All fees and fines collected under this chapter shall be deposited in the city’s current expense fund.

E. Nonapplicability. Provisions of this section shall not apply to dogs or cats in the custody of a veterinarian or animal shelter or whose owners are nonresidents temporarily within the city for a period not exceeding 30 days. Dogs and cats are exempt from the above licensing provisions when they are in the custody of a recognized animal rescue group. In order to qualify as a recognized group, proof or registration with the Internal Revenue Service pursuant to IRC 501(c)(3) must be submitted to the Humane Society by the group. (Ord. 1901 § 2, 1999: Ord. 1340 § 3, 1986)

6.04.040 Animal shelter and kennel license – Required.

It is unlawful for any person to keep or maintain any animal shelter or kennel within the city of Sumner without first obtaining a valid and subsisting license therefor. The fee for such license shall be set forth in SMC 6.04.030. Each license and certificate of inspection issued pursuant to this chapter shall be conspicuously displayed at the establishment to which such license was issued. The license shall be dated and numbered and shall bear the name of the city and the name and address of the owner or keeper of the establishment, and the expiration date of the license. The license shall run for a period of one year from the date of purchase. (Ord. 1901 § 3, 1999: Ord. 1340 § 4, 1986)

6.04.050 Animal shelter and kennel license – Zoning and health requirements.

A. Zoning Compliance. The applicant for an original animal shelter or kennel license shall, prior to issuance of the animal shelter or kennel license, present to the animal control authority evidence of approval from the planning commission and the city council.

B. Health Inspection. Before an animal shelter or kennel license may be issued by the animal control authority, a certificate of inspection from the animal control authority must be issued showing that the animal shelter, kennel, or pet shop is in compliance with hygienic standards of this chapter or other applicable chapters or regulations. (Ord. 1340 § 5, 1986)

6.04.060 Hobby kennel license.

A. License Required. It is unlawful for any person to keep or maintain any dog or cat within the city for the purpose of a hobby kennel without obtaining a valid license therefor. The fee for such license shall be as set forth in SMC 6.04.030.

B. Limitation of Number of Dogs and Cats Allowed. The total number of dogs and cats over six months of age kept by a hobby kennel shall not exceed the total number authorized by the animal control authority based on the following guidelines:

1. The number of animals permitted shall be established by the animal control authority based on such factors as animal size, type and characteristics of the breed and the amount of lot area; provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area contains 35,000 square feet but less than five acres and the maximum shall not exceed five where the lot area is less than 35,000 square feet.

2. All open run areas shall be completely surrounded by a six-foot fence set back at least 20 feet from all property lines.

3. No commercial signs or other appurtenances advertising the kennel are permitted on the property.

4. The director may require additional setback, fencing, screening, or soundproofing requirements as he/she deems necessary to insure the compatibility of the hobby kennel with surrounding development.

5. The hobby kennel shall limit dog and cat reproduction to no more than 12 offspring per license year.

6. Each animal in the hobby kennel shall have current and proper immunization from disease according to the animal’s species and age. For dogs such shall consist, as a minimum, of DHL inoculation for dogs over three months of age and rabies inoculations for those over six months of age. (Ord. 1901 § 4, 1999: Ord. 1340 § 6, 1986)

6.04.070 Animal shelters, kennels and pet shops – Reports – Inspections – Sanitation.

A. Report of Animal Disposition. Each animal shelter, kennel or pet shop shall provide a list to the animal control authority, quarterly, based upon the calendar year, of all dogs and cats auctioned off, given away, sold or otherwise disposed of. The list shall include the origin, the age and type of dog or cat, and the name and address of the person to whom the dog or cat was given or purveyed.

B. Inspection. It shall be the duty of the director or his/her designee to make or cause to be made such inspections as may be necessary to insure compliance with other applicable sections of this chapter. The owner or keeper of an animal shelter, kennel or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the animal control authority at any reasonable time that admission is requested.

C. Unsanitary Conditions Unlawful. It is unlawful to keep, use or maintain within the city any animal shelter, kennel or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health and/or safety and not in compliance therewith. Failure to comply with this section may be cause for revocation or denial of a license to use, keep or maintain such animal shelter, kennel or pet shop. (Ord. 1340 § 7, 1986)

6.04.080 Animal shelters, kennels and pet shops – General standards.

Animal shelters, kennels and pet shops shall meet the following conditions:

A. Housing facilities shall be provided for the animals and such shall be structurally sound and shall be maintained in good repair; shall be designed so as to protect the animals from injury; shall contain the animals; and shall restrict the entrance of other animals.

B. Electric power shall be supplied in conformance with city and state electrical codes adequate to supply lighting and heating as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta.

C. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods.

D. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease and from obnoxious or foul odors.

E. Washroom facilities, including sinks and toilets with hot and cold running water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities.

F. Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to prevent contaminating well animals.

G. There shall be an employee on duty at all times during hours any shelter, kennel or pet shop is open.

H. An employee or owner shall come in to feed, water and do the necessary cleaning of animals and birds on days the shelter, kennel or pet shop is closed.

I. No person shall knowingly sell a sick or injured animal or bird.

J. No person shall misrepresent an animal or bird to a consumer in any way. (Ord. 1340 § 8, 1986)

6.04.090 Animal shelters, kennels and pet shops – Indoor facilities.

Animal shelters, kennels and pet shops which have indoor housing facilities for animals and birds shall:

A. Be sufficiently heated or cooled to protect such animals from temperatures to which they are not normally acclimatized;

B. Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so that the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accomplished through the rotation and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts;

C. Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers;

D. Have interior wall and ceiling surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint, when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris;

E. Contain a drainage system which shall be connected to a sanitary sewer or septic tank system which conforms to the standards of building codes in force within the city and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition of weather or temperature; provided, this requirement shall not apply to hobby kennels and pet shops. All indoor housing facilities for animals, fish, or birds shall be maintained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities;

F. Conform with all applicable development standards of the city zoning code. (Ord. 1340 § 9, 1986)

6.04.100 Animal shelters, kennels and pet shops – Outdoor facilities.

Animal shelters, kennels and pet shops which have outdoor facilities for animals and birds shall:

A. Be constructed to provide shelter from excessive sunlight, rain, snow, wind, or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein;

B. Be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta, or other materials and shall be designed to facilitate the removal of animal and food wastes;

C. Be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals;

D. Conform with all applicable development standards of the city zoning code. (Ord. 1340 § 10, 1986)

6.04.110 Grooming parlors – License.

It is unlawful for any person to keep or maintain any grooming parlor without first obtaining a valid and subsisting license therefor. The fee for such license shall be as set forth in SMC 6.04.030. However, if the grooming parlor is operated as a part of the business of a kennel, or a pet shop, the fee shall be in addition to the fee established for a kennel or pet shop license. (Ord. 1901 § 5, 1999: Ord. 1340 § 11, 1986)

6.04.120 Grooming parlors – Conditions.

Grooming parlors shall:

A. Not board animals but keep only dogs and cats for a reasonable time in order to perform the business of grooming;

B. Provide such restraining straps for the dog or cat while it is being groomed so that such animal shall neither fall nor be hanged;

C. Sterilize all equipment after each dog or cat has been groomed;

D. Not leave animals unattended before a dryer;

E. Not prescribe nor administer treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010;

F. Not put more than one animal in each cage;

G. Have floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated constructed of water-impervious material that can readily be cleaned, and which must be maintained in good repair;

H. Have hot and cold water conveniently available and a large sink or tub provided (minimum size, 24 inches by 18 inches by 12 inches);

I. Have toilet and hand-washing facilities with hot and cold running water conveniently available for personnel employed;

J. Have only equipment necessary to the operation of the licensed establishment kept or stored on the premises that shall only be stored in a sanitary or orderly manner;

K. Have all cages, pens, or kennels used for holding animals kept in a clean and sanitary condition and disinfected on a routine basis;

L. Comply with all applicable development standards of the city zoning code. (Ord. 1901 § 6, 1999: Ord. 1340 § 12, 1986)

6.04.130 Rule and regulation promulgation.

The director is authorized to promulgate rules and regulations not in conflict with this chapter as they pertain to the conditions and operations of animal shelters, hobby kennels, kennels, pet shops, and grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners. Such rules and regulations shall be enacted in accordance with city procedures for adopting such rules and regulations. The animal control authority may, in addition to other penalties provided in this chapter, revoke, suspend or refuse to renew any animal shelter, hobby kennel, kennel, grooming parlor, pet shop, guard dog purveyor, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this chapter. (Ord. 1340 § 13, 1986)

6.04.140 Reapplication after license denial.

No applicant shall be issued an animal shelter, hobby kennel, kennel, grooming parlor, guard dog purveyor, guard dog trainer license or guard dog registration who has previously had such license or registration revoked or a renewal refused, for a period of one year after the date of revocation or refusal and until such applicant meets the requirements contained herein to the satisfaction of the animal control authority. (Ord. 1340 § 14, 1986)

6.04.150 Animal nuisances.

For purposes of this chapter, violations of this chapter are nuisances and shall include, but not be limited to the following:

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

B. Animals (excluding household pets, such as dogs and cats), particularly horses, mules, rabbits, bovine animals, lambs, goats, sheep, birds, hogs, chickens or other animals made to be domestic, being kept in residential districts which do not comply with the existing zoning regulations;

C. Animals running at large within the city;

D. 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 the blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled person who requires the services and assistance of a guide dog and/or service dog; 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. 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 the blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled person who requires the services and assistance of a guide dog and/or service dog, 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;

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

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

H. 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;

I. Any animal which has exhibited vicious propensities and which constitutes danger to the safety of persons or property off his premises or lawfully on his premises;

J. A vicious animal or animal with vicious propensities which runs at large at any time, or which is off the owner’s premises not securely leashed and in the control of a person of suitable age and discretion to control or restrain such animal;

K. 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;

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

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

N. Animals on any public property not under control by their owner or other competent person by a leash;

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

P. Animals running in packs. (Ord. 1760 § 2, 1996; Ord. 1340 § 15, 1986)

6.04.160 Police dog interference.

No person shall willfully torment, torture, beat, kick, strike or harass any dog used by a police department for police work, or otherwise interfere with the use of any such dog for police work by said department or its officers or members. (Ord. 1340 § 16, 1986)

6.04.170 Cruelty to animals.

It is unlawful for any person to:

A. Willfully and cruelly injure or kill any animal by any means causing it fright or pain;

B. By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury he has so caused to any animal;

C. 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 in any unenclosed place or to aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190;

D. Abandon any domestic 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. (Ord. 1340 § 17, 1986)

6.04.180 Poisonous snakes and reptiles.

It is unlawful to keep or harbor any poisonous or constrictor snake and/or any poisonous reptiles within the city. This section shall not apply to zoological parks, performing animal exhibitions, circuses, or pet shops licensed by the city. (Ord. 1340 § 18, 1986)

6.04.190 Enforcement power.

A. The director and his/her authorized animal control officers are authorized to take such lawful action, including the authority to issue citations and infractions, as may be required to enforce the provisions of this chapter as they pertain to animal cruelty, shelter, welfare and enforcement of control.

B. The director or his/her authorized animal control officer shall not enter a building designated for and used for private purposes, unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter; provided, however, that the director and his/her authorized animal control officers, while pursuing or observing any animal in violation of this chapter may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or observed.

C. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an officer from pursuing any animal observed to be in violation of this chapter. Further, no person shall fail or neglect, after a proper warrant has been presented, to promptly permit the director or the authorized animal control officer to enter private property to perform any duty imposed by this chapter. Any person in violating this subsection is guilty of a misdemeanor. (Ord. 1760 § 3, 1996; Ord. 1340 § 19, 1986)

6.04.200 Impoundment – Authority – Holding.

The director and his/her authorized representative may apprehend any animals found doing any of the acts defined as a public nuisance and/or being subjected to cruel treatment as defined by law. After such animals are apprehended, the animal control authority shall ascertain whether they are licensed or otherwise identifiable and if reasonably possible, return the animal to the owner together with a notice of violation of this chapter, and if it is not reasonably possible to immediately return the animal to its owner, the animal control authority shall notify the owner within a reasonable time by certified mail or telephone that the animal has been impounded and may be redeemed. Any animal impounded pursuant to this chapter shall be held for the owner at least 72 hours after his receipt of notification by certified mail or by telephone from the impounding agency. Any animal impounded for a second time within any 12-month period shall pay two times the impound fee. Any animal impounded three times within any 12-month period shall pay three times the impound fee. Any additional impounds shall pay four times the impound fee regardless of the time period. Any animal suffering from serious injury or disease may be humanely destroyed, or, at the discretion of the impounding authority, may be held for a longer period and redeemed by any person on payment of charges not exceeding those prescribed herein. (Ord. 1901 § 7, 1999: Ord. 1340 § 20(A), 1986)

6.04.210 Impoundment – Redemption procedures.

The owner of any animal impounded pursuant to the provisions of SMC 6.04.200 may redeem it within 72 hours from the time of impounding, upon payment of the fees and costs set forth in SMC 6.04.030(B). Any such animal not redeemed within 72 hours after being impounded may be humanely destroyed or adopted at the discretion of the impounding authority; provided, however, any animal so impounded less than two months of age may be humanely destroyed or adopted at any time after impounding. The redemption fee for livestock shall be an amount as established by the animal control authority per animal. Livestock not redeemed may be sold at public auction by the impounding agency. The boarding cost for livestock impounded shall be in accordance with the rate established by contract between the city and the given stockyard used for holding such animal. (Ord. 1901 § 8, 1999: Ord. 1340 § 24, 1986)

6.04.220 Mandatory spay/neuter and microchipping for impounded dogs and cats – Deposit – Refund – Exception.

A. Mandatory Spay/Neuter and Microchip – 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 animal has been neutered/spayed and microchipped and a sum of $50.00 is deposited with the animal control authority to cover the cost for the spaying or neutering and microchipping the animal.

B. Refund. The deposit shall be refunded upon a showing of proof of alteration and microchipping from a licensed veterinarian.

C. Exception. The 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, neuter or microchip installation procedure would be harmful to the animal. (Ord. 1901 § 9, 1999: Ord. 1340 § 20(B), 1986)

6.04.230 Impoundment – Inspections.

The city council is empowered to conduct inspections of facilities receiving animals to insure that animals are treated humanely. (Ord. 1901 § 10, 1999: Ord. 1340 § 20(C), 1986)

6.04.240 Feral cats and dogs.

Feral cats and dogs can spread disease in the animal shelter. As a result, any cat or dog impounded that is determined by the animal control officer to be feral will be separated from the other animal(s) in the shelter and will be humanely destroyed as soon as possible. (Ord. 1901 § 11, 1999: Ord. 1340 § 20(D), 1986)

6.04.250 Animal availability for research.

Repealed by Ord. 1901. (Ord. 1340 § 20(E), 1986)

6.04.260 Legal or equitable enforcement action.

Notwithstanding the existence or use of any other remedy, the director may seek legal or equitable relief to enjoin acts or practices and abate any conditions which constitute a violation of this chapter, or other regulations adopted in this chapter. (Ord. 1340 § 21, 1986)

6.04.270 Enforcement by notice and order.

A. Whenever the director or authorized animal control officer has found an animal maintained in violation of this chapter, the director shall commence proceedings to cause the abatement of each violation.

B. The director or authorized animal control officer shall issue a notice and order directed to the owner or the person presumed to be the owner of the animal maintained in violation of this chapter. 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 description of the animal in violation sufficient for identification;

3. A statement that the director or authorized animal control officer has found the animal maintained illegally together with a brief and concise description of the conditions found to render the animal in violation of this chapter;

4. A statement of the action required to be taken as determined by the director:

a. If the director has determined that abatement is necessary, an order shall require the abatement shall be completed within a certain time from the date of the order, as determined by the director to be reasonable,

b. If the director has determined to assess 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 director will proceed to cause abatement and charge the costs thereof against the owner;

6. Statements advising:

a. That a person having legal interest in the animal may appeal from the notice and order or any action of the director to the board of appeals, provided the appeal is made in writing as provided in this chapter, and filed with the director within 14 days from the date of service of such notice and order, and

b. That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter,

c. The notice and order shall be served on the owner or presumed owner of the animal in violation,

d. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to the person at his address as it appears on the last equalized assessment roll of the city,

e. Proof of personal service of the notice and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made,

f. The standards of this chapter shall be followed by the director in determining existence of an animal control violation and in determining the abatement action required. (Ord. 1340 § 22, 1986)

6.04.280 Appeals.

A. Hearing Examiner. The hearing examiner is designated to hear appeals by parties aggrieved by actions of the director pursuant to this chapter. The hearing examiner may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the hearing examiner shall be delivered to the director who shall make them freely accessible to the public. All decisions and findings of the hearing examiner shall be rendered to the appellant in writing with a copy to the director.

B. Form of Appeal. Any person entitled to service under SMC 6.04.260 may appeal from any notice and order or any action of the director under this chapter by filing at the office of the director within 14 days from the date of the service of such order, a written appeal containing:

1. A heading in the words: “Before the Hearing Examiner of the City of Sumner”;

2. A caption reading: “Appeal of . . . .” giving the names of all appellants participating in the appeal;

3. A brief statement setting forth the legal interest of each of the appellants in the animal involved in the notice and order;

4. 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;

5. 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;

6. The signatures of all parties named as appellants, and their official mailing addresses;

7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

C. Scheduling and Noticing Appeal. The hearing examiner shall set a time and place, not more than 30 days from such notice of appeal for hearing thereon. Written notice of the time and place of hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the clerk for the hearing examiner.

D. Hearing. At the hearing, the appellant shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the action of the director. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered.

E. Nonfiling Waiver. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of his rights to an administrative hearing.

F. Enforcement Stayed. Enforcement of any notice and order of the director issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal which is vicious or dangerous or cruelly treated.

G. Hearing Examiner Procedures. In the event that procedures for appeals adopted by the hearing examiner are different than those set forth in this section, the procedures of the hearing examiner shall control. (Ord. 1901 § 12, 1999: Ord. 1340 § 23, 1986)

6.04.290 Nuisance abatement – Generally.

Any animal constituting a public nuisance as provided herein shall be abated and removed from the city by the owner or by the director, upon receipt of three notices and orders of violation by the owner in any one-year period. Where it is established by record pursuant to this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the director shall notify and direct the owner of the animal to abate or remove the same from the city within 96 hours from the date of notice. If such animal is found to be within the confines of the city after 96 hours have elapsed from the date of notice, the same shall be abated and removed by the director. Animals removed pursuant to the provisions of this section shall be removed from the city or be subjected to euthanasia by the animal control authority. (Ord. 1340 § 25(A), 1986)

6.04.300 Nuisance abatement – Biting or attacking animals.

Any dog or other animal which bites, attacks, or attempts to bite one or more persons two or more times within a two-year period is declared to be a public nuisance and shall not be kept within the city 48 hours after receiving written notice from the director. Such animal or animals found in violation of this section will be impounded and disposed of as an unredeemed animal, and the owner or keeper of such animal(s) has no right to redeem such dog or animal. (Ord. 1340 § 25(B), 1986)

6.04.310 Violation – Misdemeanor, infraction penalty.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000, or by imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment; provided, that any person who shall violate the provisions of SMC 6.04.150(C), (D), (E), (F), (G), (H), (K), (L), (M), (N), and (P) shall be deemed to have committed an infraction and shall be punished by a maximum penalty of $250.00. (Ord. 1760 § 4, 1996: Ord. 1340 § 26(A), 1986)

6.04.320 Violations – Abatement.

A. Any person violating any of the provisions of this chapter in the keeping or maintenance of any nuisance as herein defined shall, in addition to the fine or imprisonment, or both, or the payment of the infraction penalty provided for in this chapter by order of the court in such action, be ordered to forthwith abate and remove such nuisance; and if the same is not done by such offender within 24 hours, the same shall be abated and removed under the direction of the officer authorized by the order of the court, which said order of abatement shall be entered on the docket of the court and made a part of the judgment in the action.

B. Any such person shall be liable for all costs and expenses of abating the nuisance when it has been abated by any officer of the city, 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. In all cases where the officer as authorized by the court shall abate any such nuisance, he shall keep an account of all expenses attending such abatement. In addi-

tion to other powers herein given to collect such costs and expenses, the city may bring suit for the same in any court of competent jurisdiction against the person keeping or maintaining the nuisance so abated. (Ord. 1760 § 5, 1996: Ord. 1340 § 26(B), 1986)

Chapter 6.08
DOG FECES REMOVAL

Sections:

6.08.010 Allowing deposit prohibited.

6.08.020 Removal of feces deposited.

6.08.030 Proper disposal.

6.08.040 Violation – Civil infraction.

6.08.010 Allowing deposit prohibited.

No person owning or in charge of any dog shall cause or allow such dog to soil, defile, defecate on any common thoroughfare, sidewalk, passageway, bypath, play area, park, or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property, without the permission of the owner of the property. (Ord. 1317 § 1, 1985)

6.08.020 Removal of feces deposited.

Any person owning or in charge of any dog which soils, defiles, defecates on any common thoroughfare, sidewalk, passageway, bypath, play area, park, or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property, without the permission of the owner of the property, shall immediately remove all feces deposited by any such dog, in a sanitary manner. (Ord. 1317 § 2, 1985)

6.08.030 Proper disposal.

The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog in a sealed, nonabsorbent, leakproof container. (Ord. 1317 § 3, 1985)

6.08.040 Violation – Civil infraction.

Any violation of the provisions of this chapter shall be a civil infraction and any person found in violation thereof shall be subject to a penalty not to exceed $100.00. (Ord. 1317 § 4, 1985)

Chapter 6.12
PIGS

Sections:

6.12.010 Prohibited locations.

6.12.020 Sanitation.

6.12.030 Violation – Penalty.

6.12.010 Prohibited locations.

No pig or pigs shall be kept by any person within the city within 300 feet of any inhabited house on adjoining property nor within 200 feet of any street. (Ord. 444 § 1, 1938. Prior code § 5.06.010)

6.12.020 Sanitation.

No one within the city may keep any pig or pigs unless the places where they are kept shall be at all times maintainable in a sanitary condition and this condition shall be determined by the health officer of the city. When the health officer notifies the owner that the place or places where the pig or pigs are kept is unsanitary the party so keeping the pig or pigs may have five days time in which to place the same in a sanitary condition in accordance with the direction of the city health officer and if they are not placed in a sanitary condition within the five days the places may be abated as a nuisance. (Ord. 444 § 2, 1938. Prior code § 5.06.020)

6.12.030 Violation – Penalty.

Any party keeping pigs in violation of this chapter, or failing or refusing to comply with the order of the health officer mentioned in SMC 6.12.020 shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in any sum not to exceed $100.00 or imprisoned in the city jail not to exceed 30 days, or may be punished by both such fine and imprisonment. (Ord. 444 § 3, 1938. Prior code § 5.06.030)

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Footnotes

1. For statutory provisions on animals, see Title 16 RCW. For provisions on the keeping of animals in residential and agricultural zones, see SMC 18.16.030, 18.16.060, 18.20.030, and 18.56.020.