Chapter 6.04
GENERAL PROVISIONS

Sections:

6.04.010    Purpose.

6.04.020    Definitions.

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 of practicable, prevent injury to property and cruelty to animal life. To this end, it is the purpose of this title to provide a means of licensing dogs and cats, and to provide rules regulating these and all other animals so that they do not become public nuisances and are not the victims of cruelty. (Ord. 433 § 1 (Exh. A) (part), 2016)

6.04.020 Definitions.

As used in this title:

“Adult dog or cat” means any dog or cat over the age of four months.

“Animal” means any nonhuman mammal, reptile, amphibian, or bird.

“Animal at large” means any animal not confined to the premises of its owner, unless restrained by a leash, tether or other physical control device not to exceed eight feet in length under the physical control of a person, or which enters upon public property or rights-of-way or upon land of another person without authorization of that person.

“Animal control authority” means the person, association or corporation appointed or authorized (including contractual authorization) by the mayor of the city and/or chief of police to carry out the duties of the animal control officer and enforcement under this chapter.

“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.

“Animal exhibition” means public display of any living animal in the promotion of entertainment, education, advancement or commercial enterprise.

“Animal kennel” or “cattery” means any facility, residence, site or area wherein four or more dogs or cats of adult age are kept, harbored or contained under common responsibility, ownership, or which provides care, training of whatever nature, or breeding services whether for gain or not.

“Areas of concentrated use” means areas where the use by animals has or will destroy the vegetation cover and natural infiltrative capacity of the soil.

“Court” means the municipal court of Brier as administered by the south division of the district court of Snohomish County, unless another court is clearly specified.

“Dangerous dog” means any dog that:

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

2. Kills a domestic animal without provocation while the dog is off the owner’s property; or

3. Has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and that has once again aggressively bitten, attacked, or endangered the safety of humans;

Provided, that an animal shall not be considered a “dangerous animal” 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 premises occupied by the owner of the dog, 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.

“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.

“Exotic” means any animal not otherwise defined in any of the definitions contained in this section.

“Fowl” means domestic fowl normally raised for meat or eggs, including hens, turkeys, ducks, geese and other similar animals.

“Guard dog” means any member of the dog family which has been trained or represented as trained to protect persons and/or property by virtue of exhibiting hostile tendencies and aggressiveness to unauthorized persons.

“Harbor” means, regardless of ownership, to maintain, lodge, feed, shelter, or allow any animal to remain on property one owns, occupies, or controls.

“Inhumane treatment” means any act, omission or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted.

“Livestock” means horses, ponies, mules, jackasses, cattle, sheep, llamas, goats, swine, and other similar animals.

“Owner” means a person who has a right, claim, title, legal share, or right of possession to an animal; a person having control, custody, or possession of an animal; or a person, who by reason of an animal being seen residing consistently at premises occupied by that person or who by reason of permitting the animal to reside at premises occupied by that person, shall be presumed to be the owner.

“Pasture/waste management plan” means a mechanism to develop and regulate animal keeping practices with respect to variables which influence the correlation between land use, animal numbers and water quality. An approved pasture/waste management plan is required for any livestock harboring within the city limits.

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

“Proper enclosure for a vicious animal” means, while on the owner’s property, a vicious animal shall be securely confined indoors or confined outdoors within a securely enclosed solid or chain-link fence of sufficient height to prevent a vicious animal from reaching persons off the property, but in any event such fence shall be at least six feet high, suitable to prevent the entry of young children and designed to prevent the animal from escaping. If confined outdoors, the owner shall also provide protection from the elements for the vicious animal.

“Proper enclosure of a dangerous dog” means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides, a secure bottom, and a secure top, and shall also provide protection from the elements for the dog.

“Proper enclosure of a potentially dangerous dog” means, while on the owner’s property, a potentially dangerous dog shall be securely confined indoors or confined outdoors within a securely enclosed solid or chain-link fence of sufficient height to prevent a potentially dangerous dog from reaching persons off the property, but in any event such fence shall be at least six feet high, suitable to prevent the entry of young children and designed to prevent the animal from escaping. If confined outdoors, the owner shall also provide protection from the elements for the dog.

“Qualified professional” means an employee of the Snohomish Conservation District whose job title allows them to develop a pasture/waste management plan, or a veterinarian specializing in the care of livestock who has a current license to practice veterinary medicine in the state of Washington.

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

“Sexually neutered” means medically determined to be incapable of reproduction.

“Shelter building” means a building used partially or exclusively for the shelter or housing of animals.

“Small animals” means rabbits, chinchillas, guinea pigs, hamsters, and other similar animals.

“Vicious animal” means any animal other than a “dangerous dog” or “potentially dangerous dog” that endangers the safety of any person or domestic animal by biting or attacking without provocation.

“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. (Ord. 433 § 1 (Exh. A) (part), 2016)