Chapter 6.04


6.04.010    Administration and enforcement.

6.04.020    Purpose – Immunity.

6.04.030    Definitions.

6.04.040    Disposal and display of animal carcasses.

6.04.050    Severability.

6.04.010 Administration and enforcement.

Administration and enforcement of the provisions of this title shall be the responsibility of the animal control authority under the direct supervision and control of the public safety director and the Blaine police division. The animal control authority shall make periodic written reports of the work and services provided, as directed by the director of public safety. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.04.020 Purpose – Immunity.

The purpose of this title is to provide regulations to control animal behavior and to delineate the responsibilities of animal owners and keepers within the city of Blaine. Nothing in this title shall be intended or construed to create any liability on the part of the city, its officers, employees, or contractors. It is not the purpose or intent of this title to create on the part of the city agents any special duties to or relationships with specific individuals. This title has been enacted for the welfare of the public as a whole. (Ord. 2505, 2001; Ord. 2313 § 2, 1997)

6.04.030 Definitions.

As used in this chapter, unless the context otherwise indicates, the following words and terms shall have the following meanings:

A. “Allow” means to permit by failing to restrain or prevent.

B. “Animal” shall have its customary common meaning and shall include dogs where applicable.

C. “Animal control authority” means the animal control organization or division authorized by the city to enforce the provisions of this title.

D. “Animal control officer” means employees of the animal control authority who are authorized to enforce this title and the laws of the state of Washington as they relate to animal control and welfare and all commissioned police officers of the city of Blaine.

E. “Animal shelter” means any facility operated by an animal control authority, or any municipal agency, or its authorized contractors or agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

F. “At large” means off the premises of the owner or keeper of the animal and not under restraint by a leash.

G. “Barking dog” means any dog which by frequent or habitual howling, yelping, or barking unreasonably annoys or disturbs other persons in the vicinity.

H. “Dangerous dog” means any dog that according to the records of the city’s animal control officer:

1. Has inflicted severe injury on a human being without provocation on public or private property;

2. Has attacked, injured or killed a domestic animal without provocation, while off the owner’s property; or

3. 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 domestic animals.

4. This section shall not apply to dogs who are owned or used by law enforcement agencies when an attack or injury results from an official use of the animal.

I. “Dog” means any member of one or more species of the genus Canis.

J. “Exotic animal” means any animal that is not native or usually found in the United States.

K. “Fowl” includes all feathered domesticated farmyard birds.

L. “Guard or attack dog” means any dog, except those dogs owned or used by a governmental agency for law enforcement purposes, which has been trained and is used for purposes of protection of persons or property by exhibiting hostile or aggressive propensities, or which will attack or cease an attack, on signal or command.

M. Harboring. Any occupant of any premises on which an animal remains or to which it customarily returns daily for food and care for a period of 25 days during any 365-day period is presumed to be harboring or keeping the animal within the meaning of this chapter.

N. “Hybrid” means an animal whose parents or ancestors belong to a different species.

O. “Kennel” means an establishment wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats, or premises where more than four dogs and/or four cats over four months of age are harbored.

P. “Leash” means a cord, strap, or chain of sufficient strength so that the animal is controlled by the person accompanying it.

Q. “Owner” or “keeper” means any person, firm, association, partnership, or corporation, owning, feeding, or harboring an animal, or their agents or persons acting with their permission. Any actions exercisable against an owner in this chapter shall also be exercisable against a keeper.

R. “Pet shop” is any establishment or premises maintained for the purchase, sale, or exchange of pets of any type.

S. “Potentially dangerous dog” means any dog that when unprovoked:

1. Inflicts bites on a human or a domestic animal either on public or private property; or

2. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or

3. Any dog with a known propensity, tendency or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals.

T. “Premises” means all the real property under one ownership inside the inner line of a sidewalk or, if there is no sidewalk, inside of the curb, ditch, or shoulder marking the edge of the used public right-of-way. “Premises” also means the inside of a closed motor vehicle.

U. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

V. “Under control” means that the dog is appropriately confined on the owner or keeper’s premises, or, if off the owner or keeper’s premises, is on a leash, as defined herein.

W. “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.

X. “Wolf” means any of various forms of a species (Canis lupus). (Ord. 2505, 2001; Ord. 2357 § 1, 1998; Ord. 2313 § 2, 1997)

6.04.040 Disposal and display of animal carcasses.

A. In regards to the disposal of dead animals, the city of Blaine hereby adopts and incorporates by reference the state of Washington’s WAC 246-203-121, Disposal of dead animals, as rules for such disposals. Unless otherwise specified in the BMC, a violation of these rules will be a civil infraction with a fine of up to $100.00 per carcass. If the violation remains after two days, the persons committing, permitting or causing the offense shall be considered to be committing the crime of public nuisance under BMC 9.20.080 for presumptively endangering the health of the public and offending public decency.

B. Display of Animal Carcasses. A dead animal must be covered or otherwise removed from public view immediately upon discovery by the person responsible for disposing of the dead animal or by the person responsible for the location the dead animal lies upon. It is a misdemeanor to display or allow the display of animal carcasses in public view.

C. In addition to any penalties levied by civil infraction or criminal punishment, the city reserves the right to restitution from the owner of the animals and person responsible for the location where the dead animals lay, for any actions it takes to remove and dispose of dead animals. (Ord. 2847 § 2 (Exh. A), 2014)

6.04.050 Severability.

If any section, subsection, sentence, clause or phrase of this title, or any amendment thereto, or its application to any person or circumstance, is held invalid, the remainder or application to other persons or circumstances shall not be affected. (Ord. 2847 § 2 (Exh. A), 2014; Ord. 2505, 2001; Ord. 2313 § 2, 1997. Formerly 6.04.040.)