Chapter 6.02
GENERAL REGULATIONS

Sections:

6.02.015    Definitions.

6.02.020    Licensing.

6.02.023    Potentially dangerous animal declaration.

6.02.024    Dangerous animal declaration.

6.02.025    Dangerous animal – Requirements.

6.02.030    Exotic animals.

6.02.035    Miniature pot-bellied pigs.

6.02.040    Wild animals.

6.02.050    Guard dogs.

6.02.055    Repealed.

6.02.060    Impound, boarding and other fees.

6.02.070    Running at large prohibited.

6.02.080    Public parks, beaches and/or playgrounds.

6.02.090    Impound procedures.

6.02.100    Animal bites to be reported.

6.02.110    Confining animals in season.

6.02.120    Muzzling and vaccination.

6.02.130    Maximum number of dogs and/or cats and/or pot-bellied pigs permitted.

6.02.140    Nuisance.

6.02.145    Appeal – Authority.

6.02.147    Repealed.

6.02.150    Horses on arterial streets.

6.02.160    Owner responsibility to remove animal manure.

6.02.165    Confinement without food and water – Intervention by others.

6.02.170    Repealed.

6.02.175    Mistreatment of animals.

6.02.180    Interference.

6.02.185    Violations, penalties, and enforcement.

6.02.190    Repealed.

6.02.200    Repealed.

6.02.210    Administration.

6.02.220    Nonliability.

6.02.015 Definitions.

A. “Adult” means a person who is 18 years of age or older.

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

C. “Animal control authority” means the department of the city with responsibility for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.

D. “Animal control officer” means any individual employed, contracted with, 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 impoundment of animals, and including any state or local law enforcement officer or any other employee whose duties in whole or in part include assignments that involve seizure and impoundment of any animal.

E. “At large” means off the premises of the owner and not under the immediate control of the owner, member of his immediate family or person authorized by the owner, by means of a leash, cord or chain not longer than eight feet in length.

F. “Dangerous animal” means any animal that according to the records of the appropriate authority has:

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

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

3. Been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such, and the animal again aggressively bites, attacks or endangers the safety of humans.

G. “Domestic animals” means any animals that are usually tamed and bred for the uses of humans.

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

1. All nonhuman primates;

2. All wild cats of the family Felidae and their hybrid, except for the domestic cat, Felis catus;

3. All species of bear;

4. All wild carnivores of the family Canidae and their hybrid, except for the domestic dog, Canis familiaris;

5. Venomous reptiles and amphibians;

6. All reticulated pythons, Burmese pythons and snakes which may reach three feet or more in length; and

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

I. “Guard dog” means any dog which has been trained or is represented by its owner as having been trained to protect persons and/or property by exhibiting hostility and aggressiveness to unauthorized persons. A dangerous animal or potentially dangerous animal as defined by this chapter is not a guard dog.

J. “Livestock” means animals usually found on farms, including but not limited to horses, mules, bovine animals, sheep, goats, llamas, ostriches, poultry and swine. Except, livestock shall not mean miniature pot-bellied pigs as defined in this section.

K. “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.

L. “Owner” means a person who has a right, claim, title, legal share, or right of possession to an animal or a person having lawful control, custody, or possession of an animal, and also anyone who provides ongoing care or feed to otherwise homeless domestic animals or feral cats.

M. “Person” means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.

N. “Potentially dangerous animal” means any animal that when unprovoked:

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

2. Chases or approaches a person on the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any animal with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals.

O. “Poultry” means domestic fowl normally raised for meat or eggs, and includes, but is not limited to, chickens, turkeys, ducks, and geese.

P. “Proper enclosure of a dangerous animal” means, while on the owner’s property, a dangerous animal shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and to prevent the animal from escaping. Such pen or structure shall have sides secured either to a concrete floor or embedded at least six inches into the ground, shall have a secured top, and shall also provide protection from the elements for the animals.

Q. “Provocation” means taunting, tormenting, abusing, or assaulting an animal. It also means a willful trespass or other tort upon the premises occupied by the owner of an animal or upon the premises where an animal is normally kept.

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

S. “Wild animal” means an animal living in its natural state and native to the United States and not normally domesticated, raised or bred by humans. (Ord. 3145 § 1, 2015; Ord. 2884 § 1, 2011; Ord. 2604 § 1, 2006; Ord. 2091 § 1, 1996; Ord. 1597 § 1, 1987; Ord. 1519 § 1, 1986; Ord. 1215, 1981)

6.02.020 Licensing.

A. License Required. All dogs, cats and miniature pot-bellied pigs over the age of six months within the city limits must be licensed by the city except:

1. Dogs and cats whose owners are nonresidents temporarily within the city;

2. Dogs and cats brought into the city for the purpose of participating in shows, exhibits, or competitions;

3. Dogs who are specially trained to assist visually impaired, hearing impaired, or otherwise physically disabled persons, if the dog is in training or is actually serving as a guide or service dog as defined in Chapter 70.84 RCW, are required to be licensed; however, they are exempt from licensing fees;

4. Dogs and cats kept and intended for sale by licensed pet stores; and homeless or feral animals.

B. Tags and Fees.

1. Tags. The police department or other animal control agency designated by the city council shall issue animal licenses consisting of a metal tag with a number corresponding to the number of the application to the applicant. The applicant is required to cause the tag to be attached or fixed to the animal. The tag is not transferable.

2. Fees. The fees for the following, as shown in Chapter 3.104 LMC, shall be paid for licenses required under this chapter. Animal licenses shall be valid for one year from the date of purchase. The contract shelter for the animal control authority may sell animal licenses and reimburse the city via monthly invoices less the shelter’s administrative fee.

a. Altered cats and dogs (annual).

b. Unaltered cats and dogs (annual).

c. Replacement tags (lost).

d. Late fees shall be charged on all license renewal applications submitted more than 30 days after the end of the assigned expiration month.

C. Any person who violates this section shall be guilty of a civil infraction and shall pay a monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who fails to respond to a notice of civil infraction as promised or to appear at a requested hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed $1,000 and confinement not to exceed 90 days. Any person who receives two infractions for violations of this section within one year and who subsequently violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by a fine not to exceed $1,000 and confinement not to exceed 90 days. (Ord. 3029 § 1, 2013; Ord. 2927 § 1, 2011; Ord. 2884 § 2, 2011; Ord. 2698 § 16, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2604 § 1, 2006; Ord. 2165 § 1, 1997; Ord. 2091 § 2, 1996; Ord. 1215, 1981)

6.02.023 Potentially dangerous animal declaration.

A. Declaration of Animal as Potentially Dangerous. The animal control authority shall have the authority to declare an animal to be potentially dangerous, and place restrictions on such animal, if the animal control authority determines that the animal meets the definition set forth in LMC 6.02.015(N). The declaration must be based upon:

1. The written complaint of a citizen who is willing to testify that the animal has acted in a manner that causes it to meet the definition of LMC 6.02.015(N);

2. Animal bite report(s) filed with the animal control authority;

3. Action(s) of the animal witnessed by any employee of the animal control authority or law enforcement officer; or

4. Other substantial evidence.

B. Exclusions. An animal shall not be declared potentially dangerous if the animal control authority determines that the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who (1) was at the time committing a willful trespass or other tort upon the premises occupied by the owner of the animal, or (2) was tormenting, abusing, or assaulting the animal, or (3) in the past was observed or reported to have tormented, abused, or assaulted the animal, or (4) was committing or attempting to commit a crime.

C. Notice of Potentially Dangerous Animal Declaration. If the animal control authority receives a report that an animal may meet the definition of a potentially dangerous animal, it shall immediately initiate an investigation including, but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if known, and observing the animal. Upon completion of its investigation, if the animal control authority determines that the animal is potentially dangerous, the animal control authority shall prepare a written declaration.

1. The declaration shall be served on the animal’s owner in one of the following methods:

a. Regular and certified mail, return receipt requested, to the last known address of the owner; or

b. Personal service to the owner.

2. The declaration shall include, but is not limited to:

a. A description of the animal, and the animal’s license number, if available;

b. The name and address of the animal’s owner, if known;

c. The location of the animal if not in custody of the owner;

d. A brief summary of the facts upon which the declaration is based, if known, including the definition of potentially dangerous under which the declaration is being made;

e. A statement of any restrictions placed on the animal or owner as a result of the declaration; and

f. The ability and process for appealing the declaration by submitting a written appeal in accordance with LMC 6.02.145.

D. Appeal. The animal control authority’s declaration of potentially dangerous animal shall be the final decision of the city, unless the owner timely appeals the declaration to the Lynnwood hearing examiner in accordance with LMC 6.02.145.

E. Prohibited Ownership. No person(s) under the age(s) of 18 years old shall own a potentially dangerous animal. (Ord. 3145 § 2, 2015)

6.02.024 Dangerous animal declaration.

The provisions of this section apply to the extent they are not inconsistent with the provisions of Chapter 16.08 RCW.

A. Declaration of Animal as Dangerous. The animal control authority shall have the authority to declare an animal to be dangerous, and place restrictions on such animal, if the animal control authority determines that the animal meets the definition set forth in LMC 6.02.015(F); provided, that no animal shall be declared a dangerous animal if the threat, injury, or damage was sustained by a person who at the time provoked the animal, has been reported in the past as having provoked the animal, or was committing or attempting to commit a crime.

B. Notice of Intent to Declare Animal Dangerous. If the animal control authority seeks to declare that an animal is dangerous, the animal control authority shall serve notice on the animal’s owner. The notice shall be served on the owner (1) in person, or (2) by regular and certified mail, return receipt requested, to the last known address of the owner. The notice shall state:

1. The name and address, if known, of the owner of the animal;

2. The license number, if available, and description of the animal;

3. The statutory basis for the proposed action;

4. The reasons that the animal control authority proposes to declare the animal dangerous;

5. A statement that the animal is subject to registration and controls required by this chapter and Chapter 16.08 RCW, including the controls of RCW 16.08.080(6);

6. An explanation of the owner’s rights and the procedure for appealing the decision finding the animal to be dangerous; and

7. A statement notifying the owner that he or she is entitled to an opportunity to meet with the animal control authority before a final determination is made, at which meeting the owner may give, orally or in writing, any reasons or information as to why the animal should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to the expiration of 15 calendar days after service of the notice. The owner may propose an alternative meeting time and date, but the meeting must occur within the 15-day time period.

C. Dangerous Animal Declaration – Contents. After the meeting required under subsection (B)(7) of this section, or after the date set for the meeting if the owner does not attend, the animal control authority shall issue its final determination, in the form of a written order, within 15 calendar days. If the animal control authority determines by a preponderance of the evidence that the animal meets the definition of a dangerous animal under LMC 6.02.015(F), the animal control shall issue a written order declaring the animal to be dangerous. The order shall contain:

1. The name and address, if known, of the owner of the animal;

2. The license number, if available, and description of the animal;

3. A statement that the animal control authority has found the animal to be a dangerous animal as defined in LMC 6.02.015(F) and a concise description explaining why the declaration has been made, including the facts supporting the determination and the statutory basis for the action;

4. A statement that the animal is subject to registration and controls required by this chapter and Chapter 16.08 RCW, including the controls of RCW 16.08.080(6), and including a recitation of those controls;

5. A statement that the dangerous animal declaration is a final determination unless appealed, and that an appeal must be filed within 10 calendar days of service of the dangerous animal declaration in accordance with LMC 6.02.145;

6. A copy of LMC 6.02.145 regarding appeal procedures and a copy of LMC 6.02.025 regarding requirements for dangerous animals; and

7. The signature of the person who made the determination.

D. Dangerous Animal Declaration – Service. The dangerous animal declaration shall be served on the owner of the animal either (1) in person, or (2) by regular and certified mail, return receipt requested, at the last known address of the owner.

E. Appeal. The animal control authority’s declaration of dangerous animal shall be the final decision of the city, unless the owner timely appeals the declaration to the Lynnwood hearing examiner in accordance with LMC 6.02.145. (Ord. 3145 § 3, 2015)

6.02.025 Dangerous animal – Requirements.

Strict compliance with each of the following conditions is required to keep a dangerous animal in the city:

A. It is unlawful for a person to own a dangerous animal within the city limits unless that person has a current certificate of registration for that animal. The finance director or other animal control authority shall issue a certificate of registration to the owner of a dangerous animal if the owner presents sufficient evidence of:

1. A proper enclosure to confine the dangerous animal and the posting of the premises with a clearly visible warning that there is a dangerous animal on the premises. Additionally, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous animal. Said sign shall be visible from the right-of-way or from the normal entrance to the owner’s property;

2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least $250,000, as provided in Chapter 16.08 RCW, payable to any person injured by the animal;

3. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of $250,000, with a deductible of no more than $1,000, as provided in Chapter 16.08 RCW, payable to any person injured by the animal, insuring the owner for any personal injuries or property damage inflicted or caused by the animal, and insuring and indemnifying the city of Lynnwood for any personal injuries or property damage inflicted or caused by the animal;

4. Proof of placement and current registration of a microchip that is capable of being scanned by an “AVID” or equivalent brand microchip scanner;

5. Consent for initial and subsequent inspections of the enclosure in which the animal is and will be kept.

B. There is an annual registration fee for a dangerous animal as shown in Chapter 3.104 LMC. This fee is in addition to the licensing fee.

C. No person shall allow a dangerous animal to be outside a proper enclosure unless the animal is restrained under a substantial chain or leash not greater than eight feet in length. The leash shall be in the physical control of a responsible adult person. The animal shall be further restrained by a muzzle or other device that prevents the animal from biting or clawing any person or animal; provided, that no muzzle or device shall be made in a manner that causes injury to the animal or interferes with the animal’s vision or breathing. Any animal that is in violation of these provisions shall be immediately impounded.

D. Any dangerous or potentially dangerous animal whose owner has been convicted under this chapter that attacks a person or domestic animal may be immediately impounded, placed in quarantine per LMC 6.02.100 for the proper length of time, and euthanized. The owner may appeal the impoundment and euthanasia under the provisions of LMC 6.02.145. Euthanasia shall be stayed pending resolution of the appeal.

E. Any animal that aggressively attacks and causes severe injury or death to a person or domestic animal shall be immediately impounded and placed in quarantine, at the animal owner’s expense, for a period of 10 days. The animal may be released to the owner; provided, that the owner obtains a certificate of registration as provided for in this section. If the owner fails to obtain a certificate of registration, the animal may be euthanized. The owner may appeal the impoundment and euthanasia under the provisions of LMC 6.02.145. Euthanasia shall be stayed pending resolution of the appeal.

F. This section does not apply to guard dogs or dogs used by law enforcement officials while they are:

1. If guard dogs, protecting property under the conditions of LMC 6.02.050; or

2. If used by law enforcement officials, acting in the line of duty.

G. Once declared a dangerous animal, the animal’s owner shall comply with the provisions of this section within 30 days, unless an extension for good cause is granted by the animal control authority.

H. Any dangerous animal shall be immediately confiscated by the animal control authority if: (1) the animal is not validly registered as required by law; (2) the owner does not secure the liability insurance coverage required by this section; (3) the animal is not maintained in a proper enclosure; or (4) the animal is outside the dwelling of the owner, or outside the property enclosure, and not under physical restraint of the responsible person. The owner must pay the costs of confinement and control. The animal control authority shall serve a notice of the animal’s confiscation on the animal’s owner in person or by regular and certified mail, return receipt requested, to the owner’s last known address. The notice shall specify the reason for the confiscation of the dangerous animal, and state that the owner is responsible for payment of the costs of confinement and control and that the animal will be destroyed in an expeditious and humane manner if any deficiencies under this subsection are not corrected within 20 days. The animal control authority shall destroy the confiscated animal in an expeditious and humane manner if any deficiencies under this subsection are not corrected within 20 days of notification. The owner may appeal the notice under the provisions of LMC 6.02.145. Euthanasia shall be stayed pending resolution of the appeal. The animal control authority shall not be held civilly liable for the euthanasia of the animal.

I. Any person who violates this section shall be guilty of a gross misdemeanor and may, upon conviction, be punished by confinement not to exceed one year and/or a fine not to exceed $5,000.

J. Notification of Status, Change of Ownership, Custody and/or Residence. The owner of a potentially dangerous animal or dangerous animal shall notify the animal control authority, immediately upon discovery of such circumstances, when the animal is loose or unconfined off the owner’s property; or has bitten or injured a human being, pet or livestock; or is sold or given away or dies. If the owner moves such animal to another address or otherwise transfers the animal to the ownership, custody, or residence of another individual, the owner shall, within 14 calendar days of the change, inform the animal control authority in writing of the name, address and telephone number of the new owner and/or the address of the new residence where the animal is located. Such notice shall include the name, description and license number of the animal.

1. In the event the ownership and/or custody of the animal changes, the owner shall notify the new owner in writing of the details of the animal’s record relating to being declared potentially dangerous or dangerous and the terms and conditions of the declaration.

2. The owner shall also provide the animal control authority with a copy of the written notification, which shall contain a notarized statement by the new owner acknowledging receipt of the notification. (Ord. 3145 § 4, 2015; Ord. 2927 § 2, 2011; Ord. 2884 § 3, 2011; Ord. 2656 §§ 1, 2, 2006; Ord. 2604 § 1, 2006; Ord. 2091 § 3, 1996; Ord. 1597 § 2, 1987)

6.02.030 Exotic animals.

No person shall possess, breed, import, export, barter, buy, sell, or attempt to buy or sell an animal defined as “exotic” in LMC 6.02.015(H).

Any person who violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by a fine not to exceed $1,000. (Ord. 2604 § 1, 2006; Ord. 2091 § 4, 1996; Ord. 1215, 1981)

6.02.035 Miniature pot-bellied pigs.

Miniature pot-bellied pigs are allowed to be kept within the city limits. No more than two such animals per household are permitted. Owners of miniature pot-bellied pigs must comply with the licensing provision of LMC 6.02.020 and pay the fees for the license as defined therein. (Ord. 2604 § 1, 2006; Ord. 2604 § 1, 2006; Ord. 2091 § 5, 1996)

6.02.040 Wild animals.

No person shall own any wild animal unless that person has obtained a permit from the State Game Department and/or Federal Fish and Wildlife Service; provided, that the animal control authority may allow a person to temporarily care for an infant or injured wild animal, which is native to this area and homeless, while the person acquires the necessary state and federal permits. Persons who obtain a permit for temporary care of a wild animal must comply with the provisions of LMC 6.02.030.

Any person who violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by a fine not to exceed $1,000. (Ord. 2604 § 1, 2006; Ord. 2091 § 6, 1996; Ord. 1215, 1981)

6.02.050 Guard dogs.

Guard dogs shall be kept on a leash under the control of an adult person, or shall be contained within a building or enclosed within a fence that is at least six feet high and sufficiently sturdy to prevent the dog from reaching persons off the property. Owners shall restrain the dog in such a manner that the dog is unable to reach those persons legitimately using the normal entrance and exit to the property. The owner shall post signs in at least two conspicuous places on the property, warning that a guard dog is on the premises. The owner must indicate at the time of obtaining a dog license that the dog is a guard dog.

Any person who violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and/or a fine not to exceed $1,000. (Ord. 2884 § 4, 2011; Ord. 2698 § 17, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2604 § 1, 2006; Ord. 2091 § 6, 1996; Ord. 1215, 1981)

6.02.055 Dangerous dogs.

Repealed by Ord. 2091.

6.02.060 Impound, boarding and other fees.

The animal control authority shall be entitled to charge the following fees as described in Chapter 3.104 LMC:

A. Impound fees (domestic animals);

B. Boarding fees (domestic animals per day);

C. Per animal fee based upon the cost that the contract shelter charges the city of Lynnwood (domestic animals);

D. Transport fee (domestic animals);

E. Apprehension fee (domestic animals);

F. Impound fees (livestock);

G. Boarding fees (livestock per day);

H. Impound fees (other animals);

I. Boarding fees (other animals per day).

The contract shelter for the animal control authority shall be entitled to charge and collect all the applicable fees for domestic animals per Chapter 3.104 LMC and credit such fees to the city on the applicable monthly invoice. The owner of any animal confiscated or impounded under this title shall pay the city assessed penalties and all fees and costs associated with apprehension, transportation, impoundment, care, boarding, and any veterinary costs incurred including euthanasia and disposal if applicable, as a result of the confiscation or impoundment, whether or not the animal is redeemed. Relinquishment of the animal by its owner does not constitute a waiver of the fees or costs incurred under this section or fines otherwise imposed. The city may collect the penalties, fees and expenses by use of appropriate legal remedies. (Ord. 3029 § 2, 2013; Ord. 2927 § 3, 2011; Ord. 2656 §§ 1, 2, 2006; Ord. 2604 § 1, 2006; Ord. 2477 § 1, 2003; Ord. 2091 § 9, 1996; Ord. 1215, 1981)

6.02.070 Running at large prohibited.

A. Running at Large. No domestic animal, with the exception of cats, or exotic animal or livestock of any kind shall be permitted to run at large during any hours of the day or night. This section shall not apply to dogs which are in special areas designated and posted by the chief of police as dog training areas so long as the regulations of the chief of police with respect to the use of such areas are complied with and such dogs are under the custody and control of their trainer.

B. Found Stray Animals. It shall be the duty of a person who takes into his possession any stray animal found within the city limits, not owned by him or not placed into his possession by the person having the lawful custody and control thereof, to release such animal to a city officer or other animal shelter upon demand and without any charge.

C. Any person who violates this section shall be guilty of a civil infraction and shall pay a monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who fails to respond to a notice of civil infraction as promised or to appear at a requested hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed $1,000 and confinement not to exceed 90 days. Any person who receives two infractions for violations of this section within 12 months and who subsequently violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and a fine not to exceed $1,000. (Ord. 3029 § 3, 2013; Ord. 2927 § 4, 2011; Ord. 2884 § 5, 2011; Ord. 2698 § 18, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2604 § 1, 2006; Ord. 2091 § 10, 1996; Ord. 1215, 1981)

6.02.080 Public parks, beaches and/or playgrounds.

Unless otherwise directed by the director of parks and recreation, it is unlawful for any person to ride, lead or otherwise permit any animal to be within or on any public park, beach or playground within the city of Lynnwood, whether owned by, leased or otherwise under the direct supervision of the city; provided, however, the director of parks and recreation is authorized to post a notice or notices of specific areas in any particular public park, beach or playground within the city of Lynn-wood where any specific type of animals may be permitted under such circumstances as may be required by the director of parks and recreation. The notices shall be placed in a conspicuous place or places at each drive-in or pedestrian access provided by the city to such public parks, beaches and/or playgrounds. In the event the director of parks and recreation so determines and posts notices as provided in this section, he shall maintain a list of the parks, beaches and/or playgrounds, shall file a copy of the same with the finance director, and the list shall be open and available for public inspection at all business hours of the finance director.

Any person who violates this section shall be guilty of a civil infraction and shall pay a monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who fails to respond to a notice of civil infraction as promised or to appear at a requested hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed $1,000 and confinement not to exceed 90 days. Any person who receives two infractions for violations of this section within one year and who subsequently violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and a fine not to exceed $1,000. (Ord. 2927 § 5, 2011; Ord. 2698 § 19, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2604 § 1, 2006; Ord. 2091 § 11, 1996; Ord. 1597 § 4, 1987; Ord. 1215, 1981)

6.02.090 Impound procedures.

Except as provided in LMC 6.02.025 for the impound of dangerous animals, the following provisions apply to the impound of animals:

A. Impounding Animals. If a law enforcement officer or animal control officer has probable cause to believe that an owner of an animal has violated this title or Chapter 16.52 RCW, and no responsible person can be found to assume the animal’s care, the officer may authorize, with a warrant or a court order, the removal of the animal to a suitable place for care and feeding of the animal. An officer may remove an animal without a warrant only if the animal is in an immediate life-threatening condition, or is in danger of serious harm, or if the animal presents an immediate threat to the safety of others.

B. Notice of Impounding. When any licensed animal is impounded, the officer or department impounding such animal shall attempt to give notice to the owner the same day either by mail, or by leaving written notice at the address contained in the license application or by telephone. The notice shall inform the owner of the impounding of such animal and the reason for impounding the animal. Neither the city nor its agents or employees are liable for failure to notify an owner of impoundment.

C. Redemption of Animals by Owner. If, at any time before disposal by the animal control officer, the owner of an impounded animal claims the animal, the owner shall be entitled to possession of the animal only after paying all legal charges and expenses incidental to the impoundment and boarding of the animal. If a domestic animal is impounded and taken to the contract shelter more than twice during a 12-month period it will be mandatory that a microchip capable of being scanned by an “AVID” or other equivalent brand microchip scanner be implanted in the animal before it is released to the owner. The owner of said animal shall incur all expenses incidental to the microchip process that are charged by the contract shelter.

D. Disposition of Impounded Animals. When in the judgment of a licensed veterinarian or the animal control authority’s contract shelter that an animal should be euthanized or not returned to the owner for humane or public health reasons, that animal may not be redeemed by its owner. The animal control authority’s contract shelter may find a responsible person to adopt the animal not less than 15 days after the animal is impounded. Before an animal is euthanized or adopted out, the animal control authority shall take reasonable steps to serve the owner with notice of the proposed action. Such notice will include the owner’s right to appeal the decision in accordance with LMC 6.02.145. The disposition shall be stayed until the appeal process is complete. If the appellate authority decides that the animal should be euthanized, or adopted out, the owner shall be liable for the costs of boarding the animal. The animal control authority shall not be held civilly liable for the euthanasia of the animal. (Ord. 3145 § 5, 2015; Ord. 3029 § 4, 2013; Ord. 2927 § 6, 2011; Ord. 2604 § 1, 2006; Ord. 2091 § 12, 1996; Ord. 1215, 1981)

6.02.100 Animal bites to be reported.

The owner of a domestic animal that bites another, or any person who is bitten by an animal, or any doctor, veterinarian or hospital which has information that a person or domestic animal was bitten by an animal shall promptly report to the animal control authority and said animal shall thereupon be securely quarantined at the direction of the animal control authority for a period of 10 days. At the discretion of the animal control authority, such quarantine may be on the premises of the owner, at the shelter designated as the city’s animal shelter, or, at the owner’s option and expense, in a veterinary hospital of the owner’s choice. In the cases of animals whose ownership is not known, such quarantine shall be at the shelter designated as the city’s animal shelter or veterinary hospital.

Any person who fails to report an animal bite as required or fails to maintain the quarantine as directed by this section shall be guilty of a gross misdemeanor and may, upon conviction, be punished by confinement not to exceed one year and/or a fine not to exceed $5,000. In the event the required quarantine period is not maintained, the animal may be impounded and boarded at the owner’s expense. If the owner fails to satisfy payment of boarding fees, the animal may be set for adoption by the designated city animal shelter or euthanized. The owner may appeal the impoundment and euthanasia under the provisions of LMC 6.02.145. Euthanasia shall be stayed pending resolution of the appeal. (Ord. 2884 § 6, 2011; Ord. 2604 § 1, 2006; Ord. 1215, 1981)

6.02.110 Confining animals in season.

The owner or person having charge of any female animal that is not spayed shall confine such animal in a building or enclosed area during the period such dog is in heat. Any person who violates this section shall be guilty of a civil infraction and shall pay a monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who fails to respond to a notice of civil infraction as promised or to appear at a requested hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed $1,000 and confinement not to exceed 90 days. Any person who receives two infractions for violations of this section within one year and who subsequently violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and a fine not to exceed $1,000. (Ord. 2927 § 7, 2011; Ord. 2698 § 20, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2604 § 1, 2006; Ord. 2091 § 13, 1996; Ord. 1215, 1981)

6.02.120 Muzzling and vaccination.

Whenever it becomes necessary to safeguard the public from the dangers of rabies or other communicable disease, the city council, if it deems it necessary for the public’s health and safety, shall pass a resolution ordering every person owning or keeping the infected-type animal to confine it securely on his premises unless such animal has a muzzle of sufficient strength to prevent its biting any person. Any animal not muzzled and running at large during the time of the proclamation shall be seized and impounded. All animals noticeably infected with rabies shall be euthanized by the animal control authority or by any police officer, without notice to the owner. Animals impounded during the first two days of such proclamation shall, if claimed within five days, be released to the owner, unless infected, upon payment of the fees and charges provided for in this chapter. If unclaimed after that period, such animal may be summarily destroyed. The resolution may also provide for and require the vaccination of all dogs with antirabies vaccine, or other appropriate vaccines in the case of animals or diseases.

Any person who violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by a fine not to exceed $1,000. (Ord. 2927 § 8, 2011; Ord. 2604 § 1, 2006; Ord. 2091 § 14, 1996; Ord. 1215, 1981)

6.02.130 Maximum number of dogs and/or cats and/or pot-bellied pigs permitted.

No person shall keep more than three cats or three dogs, or two miniature pot-bellied pigs, or any combination of cats and dogs exceeding three in number that are over six months of age on any premises in the city.

Any person who violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by a fine not to exceed $1,000. (Ord. 2884 § 7, 2011; Ord. 2604 § 1, 2006; Ord. 2091 § 15, 1996; Ord. 1215, 1981)

6.02.140 Nuisance.

A. Every owner of an animal shall exercise the necessary care and control of their animal to prevent the animal from becoming a public nuisance. Making noise in violation of LMC 10.12.300(B)(8), attacking passersby, chasing vehicles, attacking other domestic animals, depositing excretory material on property other than that of the owner, and damaging property other than that of the owner, shall be deemed a nuisance.

B. No person shall permit a dangerous or potentially dangerous animal, or an animal which has the propensity to bite or attack humans, to run loose on or within the owner’s property in such a manner as to endanger the safety of any person lawfully entering the premises.

C. Any animal making noise in violation of LMC 10.12.300(B)(8) in the presence of an animal control officer or police officer may be immediately impounded; provided, however, that no animal shall be impounded if it is contained within a house or other structure.

D. Any person who violates this section shall be guilty of a civil infraction and shall pay a monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who fails to respond to a notice of civil infraction as promised or to appear at a requested hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed $1,000 and confinement not to exceed 90 days. Any person who receives infractions from violations of this section within one year and who subsequently violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and a fine not to exceed $1,000. (Ord. 2927 § 9, 2011; Ord. 2884 § 8, 2011; Ord. 2698 § 21, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2604 § 1, 2006; Ord. 2091 § 16, 1996; Ord. 1597 § 5, 1987; Ord. 1526, 1986; Ord. 1215, 1981)

6.02.145 Appeal – Authority.

A. Filing of Appeal. A written notice of appeal shall be filed with the city clerk and the chief of police not more than 10 calendar days after service of the order to abate a nuisance, order of impoundment and/or euthanasia, potentially dangerous animal declaration, dangerous animal declaration, or other order issued under this chapter. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the order or declaration.

1. If the owner or custodian of the animal does not file a timely written notice of appeal, the restrictions imposed in connection with the order or declaration shall remain in effect for the life of the animal, unless modified or removed by action of the animal control authority.

B. Form. An appeal pursuant to this chapter shall be written and shall contain substantially the following information:

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

2. A statement of the legal interest of each of the appellants;

3. A brief statement of the specific order or action appealed;

4. A brief statement of the relief sought, and the reasons why it is claimed the order or action should be reversed, modified or otherwise set aside, together with any material facts claimed to support the contentions of the appellant;

5. Signatures of all parties named as appellants, and their official mailing addresses; and

6. Certification (by signature of the appellant) that the appellant has read the appeal, and that to the best of the appellant’s knowledge, information, and belief, the appeal is well grounded in fact.

C. Scheduling of Hearing. Upon receipt of a timely appeal, a hearing shall be scheduled not more than 60 days from the date of the filing of the appeal. The hearing examiner shall send written notice of the date of the hearing to the appellants and to the city at least 10 days prior to the scheduled hearing date. It shall be the responsibility of the parties to notify witnesses of the hearing date. The failure of the appellant to appear at the hearing shall result in a denial of the appeal and upholding of the order to abate a nuisance, order of impoundment and/or euthanasia, potentially dangerous animal declaration, declaration of dangerous animal, or other order issued under this chapter.

D. Enforcement Stayed During Pendency of Appeal. Unless otherwise determined by the hearing examiner, enforcement of the order to abate a nuisance, order of impoundment and/or euthanasia, potentially dangerous animal declaration, dangerous animal declaration, or other order issued under this chapter shall be stayed during the pendency of the appeal; provided, that the animal control authority may order that the animal be confined or controlled in compliance with LMC 6.02.025(C) during the pendency of all appeals. If the animal control authority’s order or declaration is upheld or upheld with modifications, the owner shall pay for all costs of confinement and control.

E. Hearing before the Hearing Examiner – Presentation of Evidence. At the appeal hearing, the hearing examiner shall take evidence relevant to the order or declaration. Parties are responsible for subpoenaing any witnesses they deem necessary to testify. The hearing shall be conducted in accordance with any rules of procedure established by the hearing examiner, to the extent the rules do not conflict with the provisions of this section.

F. Burden of Proof and Standard of Review. At the appeal hearing before the hearing examiner, the city shall have the burden of proving that the animal is a nuisance, or is potentially dangerous or dangerous, or that the order of impoundment and/or euthanasia or other order is justified under this chapter, by a preponderance of the evidence.

G. Decision of Hearing Examiner. The hearing examiner shall weigh the evidence presented by both the city and the appellant, and shall issue a written decision to the appellant and city that either affirms, reverses, or modifies the animal control authority’s order or declaration.

1. The hearing examiner shall notify the nonprevailing party of the right to appeal the hearing examiner’s decision.

2. If the declaration is reversed and an appeal is not timely filed by the animal control authority, any previously imposed restrictions on the animal shall be annulled.

H. Appeal of Decision of the Hearing Examiner. The decision of the hearing examiner shall be the final decision, unless an aggrieved party appeals to the Snohomish County superior court within 21 calendar days of the date the decision is issued. (Ord. 3145 § 6, 2015; Ord. 2604 § 1, 2006; Ord. 2091 § 17, 1996; Ord. 1526, 1986)

6.02.147 Appeal – Procedure.

Repealed by Ord. 2091.

6.02.150 Horses on arterial streets.

It is unlawful for any person, with the exception of a person in a legally authorized parade, to ride or lead or allow any horse, mare, pony, or related animal on any principal or minor arterials as designated in the existing arterial roadway system as shown in the city of Lynnwood’s comprehensive plan as adopted April 10, 1995, and as may hereafter be amended. (Ord. 2927 § 10, 2011; Ord. 2604 § 1, 2006; Ord. 2091 § 19, 1996; Ord. 1215, 1981)

6.02.160 Owner responsibility to remove animal manure.

Every person who owns or who has under his control or care any animal shall be responsible for picking up and removing immediately any offal or manure left by any such animal upon any public place in the city or upon any private property not owned by him or her.

Any person who violates this section shall be guilty of a civil infraction and shall pay a monetary fine as follows: first offense, $25.00; second offense, $50.00. Any owner who fails to respond to a notice of civil infraction as promised or to appear at a requested hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed $1,000 and confinement not to exceed 90 days. Any person who receives two infractions for violations of this section within one year and who subsequently violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and a fine not to exceed $1,000. (Ord. 2698 § 22, 2007; Ord. 2656 §§ 1, 2, 2006; Ord. 2604 § 1, 2006; Ord. 2091 § 20, 1996; Ord. 1597 § 6, 1987; Ord. 1215, 1981)

6.02.165 Confinement without food and water – Intervention by others.

If any domestic animal is impounded or confined without necessary food and water for more than 36 consecutive hours, any person may, from time to time, as is necessary, enter into and open any pound or place of confinement in which any domestic animal is confined, and supply it with necessary food and water so long as it is confined. The person shall not be liable to action for the entry, and may collect from the animal’s owner the reasonable cost of the food and water. The animal shall be subject to attachment for the costs and shall not be exempt from levy and sale upon execution issued upon a judgment. If an investigating officer finds it extremely difficult to supply confined animals with food and water, the officer may impound the animal to the designated city animal shelter and all applicable fees shall be paid by the animal owner before release. (Ord. 2927 § 11, 2011; Ord. 2884 § 9, 2011; Ord. 2604 § 1, 2006; Ord. 2091 § 21, 1996)

6.02.170 Miscellaneous regulations.

Repealed by Ord. 2091.

6.02.175 Mistreatment of animals.

A. Poisoning of Animals. It shall be unlawful for any person to willfully or maliciously poison any domestic animal; provided, that this section shall not apply to the killing by poison of such animal in a lawful and humane manner by the owner of the animal or by a duly authorized servant or agent of the owner, or by a person acting pursuant to instructions from a duly constituted public authority.

B. Cruelty to Animals.

1. A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, the person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal.

2. An owner of an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, the person knowingly, recklessly, or with criminal negligence:

a. Fails to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, or medical attention, and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or

b. Abandons the animal. “Abandon” is hereby defined as leaving the animal with no adult care or supervision for an extended period which threatens the animal’s welfare, or purposefully discards the animal with an apparent intent to cause separation, whether done in a public or private place.

3. In any prosecution of animal cruelty in the second degree, it shall be an affirmative defense, if established by defendant by a preponderance of the evidence, that the defendant’s failure was due to economic distress beyond the defendant’s control.

C. Duty When Striking an Animal with a Motor Vehicle. Any person who, while operating a motor vehicle, strikes an animal, shall stop at once and render reasonable assistance. The person shall make reasonable attempts to notify the owner of the animal, and shall report the accident to the animal control authority within 24 hours. Notwithstanding any other provision of law, this subsection shall in no way be construed to impose financial liability upon the owner of a vehicle for the injury or death of the animal stricken.

Any person who violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and/or a fine not to exceed $1,000. (Ord. 2927 § 12, 2011; Ord. 2884 § 10, 2011; Ord. 2604 § 1, 2006; Ord. 2091 § 23, 1996)

6.02.180 Interference.

A. No person shall willfully do the following:

1. Prevent or hinder the impounding of any animal found in violation of the provisions of this chapter;

2. Remove any animal from the public pound without the authority of the chief of police, the animal control authority or the officer in charge of the pound;

3. Remove any animal from the public pound without paying all lawful charges against the animal;

4. Resist or obstruct the animal control authority in the performance of his duties;

5. Remove a microchip implanted in an animal by the city or other authority for identification purposes.

B. No person shall conceal any animal or otherwise interfere with the proper enforcement of this chapter.

C. Any person requested to identify himself to a law enforcement officer pursuant to an investigation of this chapter has a duty to identify himself, give his current address, and sign an acknowledgment of receipt of the infraction. Any person who fails to identify himself, or to sign an acknowledgment of receipt of infraction, as described above, shall be guilty of a misdemeanor and may be punished by a fine not to exceed $1,000 and confinement not to exceed 90 days.

D. Any person who violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and/or a fine not to exceed $1,000. (Ord. 2604 § 1, 2006; Ord. 2091 § 23, 1996; Ord. 1215, 1981)

6.02.185 Violations, penalties, and enforcement.

Unless provided otherwise by law, any person violating any of the provisions of this chapter shall be guilty of a gross misdemeanor and may be punished by a fine not to exceed $500.00 and confinement not to exceed one year.

Any conduct of any person violating any of the provisions of this chapter may be prosecuted by the authorities of the city by civil or criminal proceedings.

Notwithstanding any other provision of law, any person whose animal is impounded is liable for all lawful costs and fees attributable to the impounding of the animal. (Ord. 2604 § 1, 2006; Ord. 2091 § 27, 1996)

6.02.190 Penalties.

Repealed by Ord. 2091.

6.02.200 Enforcement.

Repealed by Ord. 2091.

6.02.210 Administration.

The city administrative officer is authorized to develop whatever administrative regulations as may be necessary to implement the provisions of this chapter, including procedures for animal enumerations and animal shelter operations. (Ord. 2604 § 1, 2006; Ord. 1215, 1981)

6.02.220 Nonliability.

Nothing contained in this chapter is intended to be, nor shall be, construed to create or form the basis for any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from the failure of any person to comply with the terms of this chapter, or by reason or in consequence of any omission in connection with the implementation or enforcement of this chapter on the part of the city by its officers, employees or agents. (Ord. 2927 § 13, 2011; Ord. 2604 § 1, 2006; Ord. 1215, 1981)