Chapter 9.10 ANIMAL CONTROL

As used in this chapter, the terms defined in this section shall have the defined meanings unless the context requires otherwise; words in the present tense include the future; the singular includes the plural; plural usage includes the singular; “shall” means mandatory, not directory; and the masculine gender includes the feminine.

(1) “Adult dog or cat” means any dog or cat over the age of six months.

(2) “Animal” means any member of the classes of reptile, bird, or mammal, except man.

(3) “Animal at large” means any animal off the property of its owner, unless restrained by leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a responsible person, whether or not the owner of such animal, or which enters upon the property of another person without authorization of that person.

(4) “Animal control officer” means any police officer and any person or association appointed or authorized by the mayor to enforce the provisions of this chapter.

(5) “Animal shelter” means a facility which is used to house or contain stray, 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 devoted to the welfare, protection and humane treatment of animals.

(6) “City” means city of Buckley.

(7) “Dangerous dog” means:

(a) Any dog with a known propensity, tendency or disposition to attack without provocation, to cause injury to, or to otherwise endanger the safety of humans or other domestic animals; or

(b) Any dog which attacks a human being or other domestic animal without provocation; or

(c) Any dog of the breed American pit bull terrier, Staffordshire bull terrier, or American Staffordshire terrier or any mixed breed of dog which contains as an element of its breeding the breed of American pit bull terrier, Staffordshire bull terrier, or American Staffordshire terrier, such as to be determined to be partially of the breed of American pit bull terrier, Staffordshire bull terrier, or American Staffordshire terrier by the city animal control officer as set forth in BMC 9.10.270.

(d) A dog in the possession of a law enforcement official for law enforcement purposes shall not be deemed a dangerous dog.

(8) “Disabled” means, for the purposes of this chapter, having a disease or disorder for which using a service animal is necessary to perform a normal life activity.

(9) “Domestic animal” or “pet” means any animal other than livestock that lives and breeds in a tame condition. This generally refers to dogs, cats, and some birds.

(10) “Euthanasia” means the putting to death of an animal in a humane manner.

(11) “Exotic animal” means any animal which is not commonly domesticated or which is not native to or usually found in the United States, including:

(a) All nonhuman primates;

(b) All wild cats of the family Felidae and their hybrid, except for the domestic cat, Felis catus;

(d) All wild carnivores of the family Canidae and their hybrid, except for the domestic dog, Canis familiaris;

(e) Venomous reptiles and amphibians;

(f) All reticulated pythons, Burmese pythons and snakes which may reach eight feet or more in length; and

(g) All members of the families Alligator (Alligator), Crocodile (Crocodylus) and Caiman (Crocodylus).

(12) “Facility” means any premises used to conduct an animal shelter or animal-related business such as breeding, boarding, sale or training of domestic, exotic and/or guard animals, but excluding animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians.

(13) “Grooming parlor” means any establishment where animals are bathed, clipped, or combed for a valuable consideration for the purpose of enhancing their aesthetic value.

(14) “Kennel” means either:

(a) Any premises used to conduct a commercial business involving the buying, selling, breeding for sale, letting for hire, boarding, or training of dogs;

(b) Any premises at which three or more dogs which are five months of age or older are kept for any purpose for a fee, including animal shelters, but excluding animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians;

(c) Any premises where offspring puppies of adult dogs are sold to commercial outlets or are sold for research or experimental purposes;

(d) Any premises where offspring from two or more litters per 12-month period are sold or traded, exchanged or bartered for a valuable consideration or joint ownership purpose;

(e) Any premises used as the location for the training of dogs for obedience, hunting, protection, etc., if the address is different from the office address, or the premises are used as a combination office/training location.

(15) “Large animal” means any animal exceeding 100 pounds in weight except domestic dogs.

(16) “Lawful” in regard to herding, hunting, competition, or training means to be engaged in such activity on the property of another by permission, or on public land that is set aside and/or open for such use.

(17) “Leash” means a cord, thong, or chain not more than eight feet in length by which an animal is physically controlled by the person accompanying it.

(18) “License tag” or “tag” means a prenumbered identification license sold to an owner/custodian for a specific pet animal. Rabies identification or other identification may not be substituted or accepted in lieu of a license tag.

(19) “Livestock” means animals usually found on farms, including but not limited to horses, mules, bovine animals, sheep, goats, llamas, ostriches, and swine.

(20) “Miniature pot-bellied pig” means a type of swine commonly known as the North American, Vietnamese, Chinese, or Asian pot-bellied pig (sus scrofa vittatus) that is no more than 22 inches in height at the shoulder and no more than 150 pounds in weight.

(21) “Owner” means any person or legal entity having a possessory property right in an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by him.

(22) “Pack of dogs” means a group of three or more dogs running upon lands, either public or private, not that of their owner, when such dogs are not restrained or under control.

(23) “Person” means any individual, partnership, corporation, or other legal entity.

(24) “Pet shop” means an establishment where animals bred elsewhere are offered for sale to the public.

(25) “Police dog” means a dog used by a law enforcement agency and specially trained for law enforcement work.

(26) “Poultry” means all domesticated fowl and all game birds which are legally held in captivity.

(27) “Provocation” means taunting, striking or screaming at a dog or unauthorized entry into the premises where a dog is kept.

(28) “Running at large” means to be off the property of its owner, unless restrained by leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a responsible person, whether or not the owner of such animal, or which enters upon the property of another person without authorization of that person.

(29) “Small animal” means any animal other than a domestic animal weighing less than 100 pounds.

(30) “Service 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.

(31) “Sterilized” means the animal is surgically rendered incapable of reproduction by means of castration or an ovariohysterectomy.

(32) “Stray” means any animal captured, impounded, or in the custody of animal control, its employees or agents, or at an area authorized by animal control to care for and keep custody of animals without proper licensing and/or identification.

(33) “Veterinary hospital or clinic” means any establishment maintained and operated by a licensed veterinarian for the diagnosis, treatment, and care of diseased or injured animals. (Ord. 20-08 § 7, 2008).

9.10.030 Purpose.

It is the public policy of the city 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 this chapter to provide a means of licensing dogs or cats, impounding animals, and controlling animal behavior so that it shall not constitute a nuisance and to prevent or curtail cruelty to animals. (Ord. 20-08 § 7, 2008).

9.10.040 Maximum number of dogs and/or cats permitted.

No more than three cats or three dogs, nor any combination of cats or dogs exceeding five in number which are over six months of age shall be kept on any premises in the city. However, any household with more than the maximum number of adult dogs and/or cats permitted on the effective date of the ordinance codified in this chapter, or at such time as the ordinance codified in this chapter affects the household, shall be allowed to retain said dogs and/or cats until there is death or sales or the dogs and/or cats otherwise move out of the household, until the number of adult dogs and/or cats for the said household is reduced to not more than the permitted maximum number; provided further, that all dogs and/or cats in any one household shall be properly licensed pursuant to the ordinance codified in this chapter and within 30 days of its effective date. This provision shall not apply to:

(1) Licensed kennels;

(2) Licensed veterinary clinics;

(3) Licensed pet stores; or

(4) Animal foster care providers. Authorized animal foster care providers may house one additional temporary foster dog or cat; provided, that the additional foster dog or cat is licensed pursuant to BMC 9.10.050. (Ord. 20-08 § 7, 2008).

9.10.050 Licensing required.

It is unlawful for any person, firm or corporation to own, possess, harbor or otherwise be the custodian of any dog over the age of six months or miniature pot-bellied pig within the city unless the person, firm or corporation has first procured a license therefor as provided in this chapter. The license tag shall be attached to the animal’s collar so that the animal may be returned to the owner. The animal owner will be responsible for any costs regarding a licensed but not tagged animal. (Ord. 20-08 § 7, 2008).

9.10.055 License – Optional for cats.

To facilitate reuniting pets with their owners, the owner of a cat over the age of six months may procure a license for the cat as provided in this chapter. (Ord. 20-08 § 7, 2008).

9.10.060 Application for animal license.

The person registering any animal shall submit to the city clerk the following information:

(1) The name, address, and phone number of the legal owner of any animal being registered;

(2) The name, address, and phone number of the person having custody of any animal, if such person is one other than the legal owner;

(3) The name, age, breed, color, and sex of any animal being registered, and whether or not the animal has been neutered or spayed;

(4) Distinguishing features, markings, or tattoos of any animal being registered;

(5) The address of the property at which an animal is ordinarily kept or maintained;

(6) A current certificate of a veterinarian indicating the last date on which an animal received an initial or booster vaccination against the disease of rabies, along with the expiration date of such vaccination. Should the animal be unable to be immunized against rabies for medical reasons, the signed statement of a veterinarian shall be accepted as proof in lieu of the rabies vaccination certificate. (Ord. 20-08 § 7, 2008).

9.10.070 Issuance of licenses and tags – Transferability – Attaching tag.

It shall be the duty of the city clerk or his/her appointee to issue licenses to persons applying therefor, upon payment of the license fee as provided in this chapter. Upon the issuance of a license, a metal tag, with number corresponding to the number of the application, shall be furnished the applicant, who shall cause the same to be attached or affixed to the dog, cat or pot-bellied pig licensed. Animal tags shall not be transferable from one animal to another. (Ord. 20-08 § 7, 2008).

9.10.080 License fees.

Fees for the licensing of all animals subject to the licensing requirement of BMC 9.10.050 or voluntary licensing of BMC 9.10.055 shall be in the amounts listed within the fees, fines and rates table established by resolution of the city council.

Documentation from a veterinarian or other sufficient medical proof must be provided when licensing a sterilized, neutered or spayed dog. The city council may revise any or all license fees by resolution. (Ord. 20-08 § 7, 2008).

9.10.090 Term of renewal of licenses.

All licenses required under this chapter shall expire on December 31st of each year. Annual license fees shall be due and payable within 30 days after acquisition of a dog or miniature pot-bellied pig and within 45 days after January 1st of each year. A penalty fee in an amount determined by resolution of the city council shall be added to any license fee which is delinquent. (Ord. 20-08 § 7, 2008).

9.10.100 Dog and cat license exemptions.

The licensing provisions of this chapter shall not apply to dogs in the custody of a veterinarian, or animal shelter or animal rescuer, or whose owners are nonresidents temporarily within the city for a period not exceeding 30 days. Also, when a disabled person, as defined in this chapter, requests that no fee be charged to license his/her guide dog or service dog, no fee shall be charged. (Ord. 20-08 § 7, 2008).

9.10.110 Nuisances.

It is unlawful for the owner or person responsible to cause, allow, and/or permit, either willfully or by failure to exercise due care, or participate in any of the following, which are singly or together defined as a public nuisance:

(1) Any animal which by habitual howling, yelping, barking, crowing or other noise disturbs or annoys any person or neighborhood to an unreasonable degree, taken to be continuous noise for a period of 10 or more minutes or intermittent noise for a period of 30 or more minutes, except: that such noises made by livestock, whether from commercial or noncommercial activities on land which is properly zoned to allow keeping of livestock, and such sounds made in facilities licensed under and in compliance with the provisions of this title. It shall be an affirmative defense under this subsection that the animal was intentionally provoked to make such noise; provided, that enactment of this provision shall in no way abrogate any other provision under this code concerning animal noise;

(2) Any domesticated animal which enters upon private or public property, so as to damage or destroy any real or personal property, including livestock, thereon;

(3) Any domesticated animal which chases, runs after, or jumps at vehicles using the public streets and alleys;

(4) Any domesticated animal which snaps, growls, snarls, jumps at or upon, or otherwise threatens persons lawfully using public sidewalks, streets, alleys, or other public ways;

(5) Animals running in packs;

(6) Any animal which dumps garbage or strews trash on public or private property;

(7) Any domesticated animal, livestock or poultry, whether licensed or not, which runs at large;

(8) Any horse or other livestock being driven, herded or ridden in the city in such a manner as to endanger or to be likely to endanger any person or property, or driven, led or ridden upon any sidewalk, designated parking strip, playground or park in the city. All horses within the city shall be restricted to the streets and designated trail areas and while upon such streets and/or designated trail areas any owner, rider, or person in charge of such horse or horses shall be required to obey all the traffic laws of the city;

(9) Any animal which enters any place where food is prepared, served, stored, or sold to the public; provided, however, that this section shall not apply to any disabled person, as defined in this chapter, using a service dog, or a duly authorized law enforcement officer or security guard using guard dogs in the performance of their duties;

(10) Animals confined, staked, tied, fastened, hitched or kept on public property without prior consent of the applicable agency, or tying or picketing such animal on a street, alley or public place or unenclosed lot in a manner which allows the animal to go upon adjoining streets, alleys or public places or adjoining lots controlled by a person other than the person owning or controlling the animal;

(11) Animals kept, harbored, or maintained and known to have a contagious disease, unless under the treatment of a licensed veterinarian or being kept for medical research;

(12) Animals on public property, park or cemetery not under the control of the owner or other competent person and without the consent of the applicable agency;

(13) The ownership, harboring, or keeping of any species of animals designated by the Washington State Department of Health pursuant to WAC 246-100-191 establishing measures to prevent human disease, together with any amendments thereto, including any bat, skunk, fox, raccoon, or coyote except as lawfully authorized for fur farming;

(14) The taking from the wild, or the holding in captivity, or the having in one’s possession, or the exportation from or importation into the city of any species designated in WAC 232-12-005, 232-12-007, 232-12-011, 232-12-014, 232-12-017 and 232-12-01701, together with amendments thereto, as protected exotic wildlife, as fur-bearing animals, or as game fish, birds, or animals, except as lawfully authorized;

(15) Any animal violating or involved in a violation of the provisions of this chapter;

(16) Any animal which deposits excrement or other solid waste in any place not designated to receive such waste when such waste is not immediately removed by the owner or other person having control over the animal;

(17) Any domesticated animal which causes injury or harm to any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such animal;

(18) Any unconfined female animal while in estrus which is accessible to other animals, except those used for controlled and planned breeding. (Ord. 20-08 § 7, 2008).

9.10.120 Commission for officers enforcing.

Appointees of the city charged with the duty of controlling animals as provided by this chapter shall have a limited police commission. (Ord. 20-08 § 7, 2008).

9.10.130 Animal control officer appointed.

The animal control officer of the city, in his capacity as a member of the Buckley police department, is appointed and designated as the pound keeper. The position shall be subject to the supervision of the chief of police or his designee. (Ord. 20-08 § 7, 2008).

9.10.140 Animal control shelter.

The city may maintain and operate, or contract to maintain and operate, an animal control shelter which shall be used as the public pound for the livestock and/or animals referred to in this chapter. (Ord. 20-08 § 7, 2008).

9.10.150 Duties of animal control officer.

The animal control officer, or other persons in charge of the pound, shall securely keep the pound and properly care for all animals that may be delivered into his custody until the same shall be released or sold as provided by this chapter. Upon receipt of any animal, he shall forthwith keep a report with the name of the person delivering the same to him, the day and hour of its receipt and a description to a reasonable certainty of the animal or animals and the name of the owner or owners, if known; he shall also report the release of all animals under his charge, showing the name of the owner, to whom delivered, together with the amount realized on such release. The Buckley police department shall keep a correct record of all matters above described and the same shall be preserved as one of the records of the office and shall be open to public inspection. This section shall not be deemed to prohibit the city from contracting for any of the services necessitated by this chapter. (Ord. 20-08 § 7, 2008).

9.10.160 Obstructing process of impoundment – Penalty.

It is unlawful for any person to prevent or hinder or to attempt to prevent or hinder the impounding of any animal found to violate the provisions of this chapter, or by force or otherwise remove or attempt to remove any animal from the public pound without the authority of the animal control officer, or other person in charge of the pound, or to aid in any attempt to remove any animal or animals from the pound. (Ord. 20-08 § 7, 2008).

9.10.170 Leash required.

It is unlawful for the owner or custodian of any dog to cause, permit or allow such dog to roam, run, stray, or to be away from the premises of such owner or custodian and to be on any public place, or on any public property, or the private property of another in the city, unless such dog, while away from such premises, is controlled by a leash not more than eight feet in length, such control to be exercised by such owner or custodian or other competent and authorized person. Any dog found roaming, running, straying or being away from such premises and not on a leash as provided in this section may be impounded subject to redemption in the manner provided by this chapter. (Ord. 20-08 § 7, 2008).

9.10.180 Restraint and enclosure.

All persons owning or having control or possession of any rabbits, goats, swine, chickens, turkeys, geese, ducks, horses, cattle, pigeons, pheasants, peacocks, peafowl or other fowl within the city shall keep the same restrained and enclosed at all times on the premises owned and occupied by such persons. (Ord. 20-08 § 7, 2008).

9.10.190 Required area for livestock.

Livestock shall only be permitted within those areas and zoning classifications specified for such use in BMC 19.20.130. When legally permitted, all livestock as defined in BMC 9.10.020 must be contained in an enclosure that encompasses at least one-third acre or 14,520 square feet per large animal or at least one-tenth acre or 4,356 square feet per small animal. (Ord. 20-08 § 7, 2008).

9.10.200 Disposal of diseased animal’s carcass.

Every person owning or having in charge any animal that has died or been killed on account of disease shall immediately bury the carcass thereof at least three feet underground at a place approved by the chief of police, or cause the same to be consumed by fire, or by other legal, sanitary means. No person shall sell, offer to sell or give away the carcass of any animal which died or was killed on account of disease. (Ord. 20-08 § 7, 2008).

9.10.210 Location of building – Enclosures must be clean.

(1) Any buildings, pens or enclosures inhabited by livestock, small animals other than domesticated animals or poultry shall be located at a minimum distance of 100 feet of any adjoining residence.

(2) All houses, pens or enclosures where chickens, turkeys, geese, ducks, pigeons or other domestic fowl or rabbits are kept shall be kept clean and free from disagreeable odors. No organic materials furnishing food for flies shall be allowed to accumulate on the premises. All manure and other refuse must be kept in tightly covered fly-proof receptacles and lawfully disposed of at least once each week. (Ord. 20-08 § 7, 2008).

9.10.220 Regulation of pot-bellied pigs.

It will be lawful to keep up to two pot-bellied pigs on any premises in the city. Owners of miniature pot-bellied pigs must comply with the licensing provision of BMC 9.10.050 and pay the fees for the license as defined therein. (Ord. 20-08 § 7, 2008).

9.10.230 Exotic animals prohibited.

It is unlawful for any person to bring into the city, or to possess or maintain within the city, any exotic animal as defined in BMC 9.10.020. (Ord. 20-08 § 7, 2008).

9.10.240 Rat- and mice-free premises.

All premises where any of the livestock or fowl mentioned in this chapter are kept shall be kept free from rats and mice and their harborages. (Ord. 20-08 § 7, 2008).

9.10.250 Cruelty to animals.

The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it is unlawful for any person, firm, or corporation to:

(1) Willfully and cruelly kill, injure, poison, torture, or torment any animal;

(2) Intentionally or negligently cause or allow any animal to endure pain, suffering or injury, or to fail or neglect to aid or attempt to alleviate pain, suffering or injury, including not providing needed veterinarian care, he has so caused to any animal;

(3) Neglect or fail to provide minimum care to any animal within his care, custody, or control. For the purpose of this section, “minimum care” means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:

(a) In each period of 24 consecutive hours, food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

(b) In each period of 24 consecutive hours, open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Neither snow nor ice is an adequate water source;

(c) In the case of pets or domestic animals, access to a barn, doghouse, or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun, and which has adequate bedding to protect against cold and dampness;

(d) In the case of livestock, protection from adverse environmental elements detrimental to the health and well-being of the animal;

(e) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease;

(f) Pets or domestic animals shall not be confined to an area without adequate space for exercise necessary for the health of the animals or which does not allow access to a dry place for the animals to rest. The air temperature in a confinement area must be suitable for the animal involved. The confinement area must be kept reasonably clean and free from excess waste or other contaminants which could affect the animal’s health;

(4) Tether, confine, or restrain any animal in such a way as to permit said animal to become frequently entangled in such tether, or render said animal incapable of consuming food or water provided for it, while at the same time failing to allow adequate space for freedom of movement necessary when tethered for extended periods of time, said tether to be not shorter than three times the length of the animal, measured from the tip of its nose to the base of its tail;

(5) Abandon any animal by dropping off or leaving said animal on the street, road, or highway, or in a public place, or the private property of another person, firm, or corporation;

(6) Confine an animal within or on a motor vehicle or other enclosure or structure when unattended and under such conditions as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water, and confinement with a vicious animal;

(7) Knowingly place food of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domesticated animals or livestock;

(8) Knowingly and intentionally, whether for amusement of self or others, or for financial gain, cause any animal to fight or injure any other animal, cause it to be fought or injured by any animal, or train or keep for the purpose of training any animal with the intent that the animal shall be exhibited combatively with any other animal. Anyone who permits such conduct on premises under that person’s control, and any person present as a spectator at that exhibition, shall be considered a violator of this subsection and subject to punishment upon conviction;

(9) Transport or confine any living animal on the outside part of a motor vehicle except when attached to or enclosed in the vehicle by a harness, leash, cage or other enclosure which protects the animal from falling or being thrown from the vehicle and which prevents the animal from leaving the vehicle while unattended. The outside part of a motor vehicle includes the running board, fender or hood of any motor vehicle or the flatbed of a truck and/or the open portion (bed) of a pickup truck;

(10) Dying, coloring or otherwise treating any living baby rabbits, chicks, ducklings, or other fowl so as to have an artificial color;

(11) Trap any domestic animal with a device other than a humane live animal trap;

(12) Any practice of good animal husbandry is not a violation of this section. “Good animal husbandry” includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry. (Ord. 20-08 § 7, 2008).

9.10.260 Possession of dangerous dog – Unlawful.

It is unlawful for any person to have in their possession, or to allow to be maintained upon premises within their possession or control, a dog found to be dangerous pursuant to the definition in BMC 9.10.020(7)(c), or by the city administrator as set forth in BMC 9.10.270(6) except for the specific exemption listed as follows:

(1) A specific dog has passed the AKC Kennel Club Canine Good Citizen Test or reasonably equivalent canine behavioral test in which case the specific dog is exempt from the provisions of this section for a period of two years. After a two-year period, the dog may be retested and, if it successfully passes the Canine Good Citizen Test, the exemption shall continue for an additional two-year period. A dog that has failed the Good Citizen Test, or equivalent test, may retest within a reasonable period of time. (Ord. 30-19 § 1, 2019; Ord. 20-08 § 7, 2008).

9.10.270 Procedure for abating dangerous dogs.

(1) Investigation. The animal control officer shall have authority to investigate any dog reasonably believed by him to be a dangerous dog. The investigation may include the observations of the particular dog by animal control officers, and other witnesses who have personally observed the dog.

(2) Notice Regarding Dangerous Dog – Issuance. If, based on his investigation, the animal control officer determines that there is probable cause to believe that the dog is dangerous, he shall cause to be sent to the person believed to have been in possession of the dog, or believed to have had the dog on premises within his control, a “notice regarding dangerous dog.” The notice shall be sent to the last known address of such person within 10 days after the animal control officer has completed his investigation.

(3) Confinement of Dog. If the animal control officer determines that there is probable cause to believe that a dog is dangerous and a risk to public safety, the animal control officer may effect entry into the yard of any private residence or business with the consent of the rightful occupant in order to seize any such dog, whether running at large or not, and confine said dog at an appropriate animal shelter pending the decision of the police chief following the hearing provided for in subsection (5) of this section. If the animal control officer is unable to gain consent by the rightful occupant, then the animal control officer may enter pursuant to warrant, to seize any such dog unless a public safety emergency justifies warrantless entry.

(4) Notice – Form. The declaration shall state at least:

(a) The description of the animal;

(b) The name and address of the owner, if known;

(d) The facts upon which the declaration of potentially dangerous dog is based;

(e) The restrictions placed on the animal;

(f) Date and location of dangerous dog hearing; and

(g) The ability and process for appealing the declaration to the appointed appeal officer.

(5) Appeal – Procedure. The owner of an animal declared dangerous shall have 20 calendar days from receipt of the written notice to appeal the declaration. The city administrator, or his or her designee, shall be the appeal officer. No fee shall be charged for this appeal. At the appeal hearing before the appeal officer, the animal control officer shall have the burden of proving that the animal is dangerous by a preponderance of the evidence. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the dog is dangerous. Any owner who fails to appear after notice as provided herein was given, without obtaining a continuance from the appeal officer, may be deemed to have waived any right to introduce evidence or object to an order made by the appeal officer.

(6) Hearing – Findings – Public Nuisance. If, based upon the hearing, the appeal officer upholds the findings of the animal control officer that the dog is dangerous, he or she shall so specify in writing, together with the reasons therefor. Any dog found to be dangerous is deemed a public nuisance and shall be, pursuant to the order of the appeal officer, humanely destroyed, or removed from the city by appropriate order of the appeal officer. The decision of the appeal officer shall be made within 10 days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by certified mail or personally served upon the person in possession of or controlling the dog.

(7) Cost of Impoundment. If the appeal officer finds the dog is dangerous, costs of impoundment incurred by the city shall be paid by the owner or the person controlling the dog. If the appeal officer finds the dog is not dangerous, then the dog shall be released to the owner, and the cost of impound and kenneling shall be paid by the city. (Ord. 04-12 § 1, 2012; Ord. 20-08 § 7, 2008).

9.10.280 Enforcement – General.

(1) Any designated animal control officer is authorized to take such lawful action, including but not limited to the issuance of criminal citations and notices of civil violation, as may be required to enforce the provisions of this title and the laws of the state of Washington as they pertain to animal cruelty, shelter, welfare, and control subject to the provisions of Chapter 1.12 BMC.

(2) Any employee of the city of Buckley or a designee, while pursuing any animal observed by such employee to be in violation of this chapter, may enter upon any public or private property, except any private residence, for the purpose of abating the animal violation being pursued. Entry into a building designated for and used for private purposes may be accomplished upon the issuance of a proper search or arrest warrant by a court of competent jurisdiction showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this title.

(3) No person shall deny, prevent, or obstruct the city employee, an animal control officer, or

other employee appointed or contracted by the city of Buckley from enforcing any provisions of this title.

(4) Whenever a city of Buckley employee or its designee has reasonable grounds to believe that an animal or facility is violating or being maintained in violation of this title, he shall be authorized to issue to the violator a notice of infraction or an abatement notice subject to Chapter 1.12 BMC. (Ord. 20-08 § 7, 2008).

9.10.290 Penalties – Violations.

(1) Any of the following violations of this chapter shall be a misdemeanor punishable upon conviction in accordance with Chapter 1.04 BMC and the laws of the state of Washington:

(a) BMC 9.10.230 (exotic animals);

(b) BMC 9.10.250 (cruelty);

(2) Any violation of any other provision of this title shall be an infraction as governed by the IRLJ for a monetary penalty of $73.00. (Ord. 14-22 § 5, 2022; Ord. 20-08 § 7, 2008).

9.10.300 Habitual violator.

In addition to any other legal remedies available under the provisions of this chapter, the animal control officer for the city may personally notify and direct in writing the owner or custodian of any animal which is the subject of three or more criminal and/or civil citations in any 12-month period to abate and remove such animal from the city within 96 hours from the date of such notice, or such directive may provide in the alternative abatement and transfer of ownership and possession of the animal to another person not living at the same place of residence. The notice to abate shall state that such animal shall be abated and removed by the designated animal control officer by impoundment, subject to all impoundment and redemption procedures; provided, however, such animal may not be returned or restored to the same residence or property from which it was impounded or at which it resided. (Ord. 20-08 § 7, 2008).

9.10.310 Impoundment.

The city of Buckley and its designee may apprehend any animal found doing or involved in any of the acts defined as being prohibited, a public nuisance and/or being subjected to cruel treatment as defined by law. After such animals are apprehended, the animal control officer shall determine whether they are licensed or otherwise identifiable, and, if reasonably possible, return the animal to the owner, together with a notice of violation of the code. If it is not reasonably possible to immediately return the animal to its owner, the animal control officer shall notify the owner of the animal within a reasonable time by telephone, mail, direct personal contact, or posting at the residence of the owner that the animal has been impounded and may be redeemed at the designated animal holding facility.

Any unlicensed animal impounded pursuant to this title shall be held for at least 72 hours commencing with apprehension. For licensed animals, the holding period shall be at least 120 hours commencing upon notification to the owner of such impoundment. If reasonable attempts have been made by the animal control officer to notify said owner but without success, the licensed animal shall be held for at least 120 hours from the time of apprehension. All impound periods shall continue to run during those hours when the designated impound facility is not open for business. Any animal not redeemed by its owner during the prescribed period may be humanely destroyed or placed for adoption to a new owner. Should the original owner wish to redeem an animal that has been held, he shall first be required to pay all redemption costs as outlined in BMC 9.10.330.

Should the original owner wish to redeem an unlicensed dog or cat that has been held, in addition to paying the required redemption costs as outlined in this chapter, he shall be required to purchase the appropriate license at the time of redemption. If required rabies or spay/neuter information is lacking, the licensing fee shall be accepted and the application processed in accordance with BMC 9.10.060.

Should the animal be suffering from serious injury or disease that would endanger the other sheltered animals or cause the animal to endure unnecessary pain and suffering if left untreated for at least 24 hours as determined by a licensed veterinarian, or continues to act in a feral manner after a reasonable observation period, the animal control department or its employees or agents may destroy the animal prior to the expiration of the required holding period. Such cases shall be documented on the animal custody report.

No live animals shall be used, sold, or donated for experimental purposes. The owner of any animal impounded pursuant to the provisions of this title may recover said animal pursuant to the provisions of BMC 9.10.330; provided, that redemption may be denied due to an owner who has cruelly treated such animal as defined in BMC 9.10.250.

Animals delivered for impoundment by a police officer who recovered such animal from the possession of a person in the custody of the police officer shall be held for the period prescribed in this section. An impoundment receipt shall be given to the police officer who shall deliver such receipt to the person in custody from whom the animal was taken. The impoundment receipt shall recite redemption requirements and shall serve as the notice to the owner required in this chapter.

The above return and notification requirements shall not apply to any animal that is deemed abandoned under the provisions of Chapter 16.54 RCW. For purposes of this section, such animal shall be deemed to be without owner. (Ord. 20-08 § 7, 2008).

9.10.320 Impoundment register.

The impounding authority shall maintain a register of all animals impounded pursuant to this chapter, and such register shall show the identification tag number, if any, species and the breed of the animal, a description of the animal by coloring and marking, the time and date of the animal’s impoundment, the name of the officer impounding the animal, the area in which such animal was picked up, the method and time of notifying the owner, if known, of redemption procedures, and the disposition of the animal and the date and time thereof. (Ord. 20-08 § 7, 2008).

9.10.330 Redemption.

Any animal impounded pursuant to the provisions of this title may be redeemed upon payment of the redemption fee as herein provided and upon evidence that the violation has been corrected. The correction of a violation includes, but is not limited to, the licensing of any unlicensed animal required by this title to be so licensed. The redemption fee shall be established by resolution of the city council. (Ord. 20-08 § 7, 2008).