Chapter 10.04 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 live vertebrate creature, reptile, amphibian, bird or fowl, 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) “City” means city of Marysville.

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

(6) “Exotic, wild or dangerous animal” means any member of the animal kingdom which is not commonly domesticated or which is not common to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any domesticated animal which, because of its size, vicious nature or other similar characteristics would constitute a danger to human life or property if not kept, maintained or confined in a safe and secure manner. Incorporated by reference here are the State Game Department regulations, principally the following: WAC 232-12-015, 232-12-030, 232-12-040, 232-12-050, and 232-12-060.

(7) “Fowl” means all feathered birds, including all birds kept domestically and all fowl normally raised for meat or eggs, and includes, but is not limited to, female chickens, turkeys, ducks, carrier pigeons, peafowl, homing pigeons, racing pigeons, doves, pheasants, guinea fowl, and geese. This definition excludes birds kept as household pets, including but not limited to parrots and canaries.

(8) “Livestock” includes horses, mules, jackasses, cattle, sheep, llamas, goats, and swine.

(9) “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.

(10) “Neutered” or “spayed” means medically determined to be incapable of reproduction or when the physical condition of an animal is certified by a licensed veterinarian to be such as would prohibit performance of such medical procedure to render it nonreproductive.

(11) “Rooster” means a male chicken.

(12) “Vicious dog” means any dog which scratches, bites or otherwise harms or injures humans or animals. (Ord. 3290 § 1 (Exh. A), 2023; Ord. 2404 § 1, 2002; Ord. 2013 § 2, 1995).

10.04.030 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. 2404 § 1, 2002; Ord. 2013 § 3, 1995).

10.04.040 Livestock not to run at large.

No horse, sheep, goat, swine, ass, mule, jennet, colt or filly, fowl and no cattle of any kind, shall be allowed to run at large, during any hour of the day or night upon any unenclosed land, public or private, within the city limits. (Ord. 2404 § 1, 2002; Ord. 2013 § 4, 1995).

10.04.050 Hitching of horses prohibited in business districts.

It is unlawful for any person to leave a horse tied, fastened or hitched to any object in a business or commercial zone of the city. (Ord. 2404 § 1, 2002; Ord. 2013 § 5, 1995).

10.04.060 Driving or riding animals so as to endanger persons or property.

It is unlawful for any person to drive, herd or ride a horse or other livestock in the city in such a manner as to endanger or to be likely to endanger any person or property, or to drive or ride a horse or other livestock upon any sidewalk in the city; provided, that this section shall not prohibit any person from driving or herding livestock in a safe manner consistent with reasonable farming or ranching practices. (Ord. 2404 § 1, 2002; Ord. 2013 § 6, 1995).

10.04.070 Livestock – Impounding authorized.

Any animal found in violation of MMC 10.04.040 through 10.04.060 within the city limits may be impounded by the animal control officer or any police officer, and kept at a city facility or at some other facility suitably equipped for the care and confinement of the animal. (Ord. 2404 § 1, 2002; Ord. 2013 § 7, 1995).

10.04.080 Notice of impoundment.

The animal control officer or police officer impounding any animal pursuant to MMC 10.04.070 shall give the owner thereof written notice of the impoundment as soon as possible, but not more than three days after impoundment. If the owner is not known, such notice shall be given by posting the same in a conspicuous place at the entrance of City Hall and the city police department, which notice shall state that the animal or animals described therein have been taken up and impounded and will be sold at public auction to the highest bidder for cash at the time therein named, which time shall be not less than 10 days from the time of service or posting of the notice. The proceeds of the sale shall be applied to pay legal fees, costs and expenses incurred by the city in impounding, keeping and selling the animal. (Ord. 2404 § 1, 2002; Ord. 2013 § 8, 1995).

10.04.090 Livestock – Redemption – Fees – Procedure for sale of unredeemed animals – Profits of sale held for owner.

(1) If at any time before such sale the owner of the animal or animals so taken up or impounded pursuant to MMC 10.04.070 claims the same, the owner shall be entitled to possession thereof by paying to the city the following sums:

(a) Transportation/impoundment fee of $100.00. The fee shall progressively double for each impoundment of the same animal during any one-year period;

(b) Actual costs per day for room and board during the period of impoundment;

(2) At the time named in said notice, if such animal or animals be not prior thereto claimed and redeemed, the poundkeeper shall sell such animal or animals at public auction to the highest bidder for cash and shall immediately pay the proceeds of such sale into the city treasury, and give a receipt therefor to the purchaser. The city may contract for auctioneer services and pay expenses thereof from the proceeds from the sale of said animals.

(3) If the owner or owners of any animal or animals sold under the provisions of this chapter shall at any time within one year from the date of such sale make satisfactory proof of ownership, he or they shall be entitled to receive the net proceeds or such sale so paid into the city treasury, after deducting all legal charges, administrative costs and expenses. If such funds have not been claimed after one year, such proceeds shall be deemed forfeited and deposited in the general fund. (Ord. 2404 § 1, 2002; Ord. 2013 § 9, 1995).

10.04.100 Licensing required.

It shall be a civil infraction for any person, firm or corporation to own, possess, harbor or otherwise be the custodian of any dog or cat over the age of three months 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.

The penalties for failing to license a dog or cat pursuant to this section are $150.00 for each offense in the 2005 calendar year and $250.00 for each offense after December 31, 2005. (Ord. 2600 § 1, 2005; Ord. 2404 § 1, 2002; Ord. 2013 § 10, 1995).

10.04.110 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 or cat licensed. Animal tags shall not be transferable from one animal to another. (Ord. 2404 § 1, 2002; Ord. 2013 § 11, 1995).

10.04.120 License fees.

The citizens residing within the city limits of Marysville shall pay the following fees for pet licenses under this chapter:

Unaltered – not spayed or neutered or implanted with a microchip – dogs or cats	$25.00 per year; seniors age 60 and older, $15.00 per year. No lifetime license.
Implanted with a microchip	$10.00 per year
Neutered or spayed dogs or cats	Free and a lifetime license
Replacement of metal tags	$5.00

Documentation from a veterinarian or other sufficient medical proof must be provided when licensing a neutered or spayed dog or cat. The city council may revise any or all license fees by resolution. (Ord. 2600 § 1, 2005; Ord. 2404 § 1, 2002; Ord. 2013 § 12, 1995).

10.04.130 Term of renewal of licenses.

All licenses required under this chapter, except the lifetime license for neutered dogs or cats, 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 cat and within 45 days after January 1st of each year. A penalty charge of $5.00 shall be added to any license fee which is delinquent. (Ord. 2404 § 1, 2002; Ord. 2013 § 13, 1995).

10.04.140 Dog and cat license exemptions.

The licensing provisions of this section shall not apply to dogs or cats 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 blind person, physically disabled or hearing impaired person requests that no fee be charged to license his/her guide dog, or service dog, no fee shall be charged. (Ord. 2404 § 1, 2002; Ord. 2013 § 14, 1995).

10.04.150 Dogs and cats – Impoundment – Redemption – Fees.

(1) The animal control officer of the city may impound dogs and cats which fall in one or more of the following categories:

(a) Those dogs or cats which are not licensed pursuant to this chapter;

(b) Those dogs or cats which do not exhibit the identification tag required by this chapter;

(d) Biting dogs or cats as defined by this chapter;

(e) Vicious dogs as defined by this chapter;

(f) Dogs or cats in heat which are running at large;

(g) Noisy dogs and cats as defined by this chapter;

(h) Trespassing dogs and cats as defined by this chapter;

(i) Dogs or cats running in packs;

(j) Chasing or intimidating dogs or cats as defined in this chapter;

(k) Dogs or cats habitually running at large in violation of this chapter;

(l) Dogs and cats which are declared public nuisances but which have not been abated pursuant to this notice;

(m) Dogs and cats which are voluntarily surrendered to the animal control officer or authorized animal shelter by any person who purports to be the owner of the same.

(2) The animal control officer shall use his best efforts to notify the owner of the animal impounded pursuant to this section. The owner shall be responsible for paying the financial obligations below:

(a) The impound recovery fee assessed to the city by the Everett animal shelter or other applicable agency, if the owner has not already reimbursed the city for said fee; and

(b) The sum equal to the current rate charged the city by the applicable agency for room and board during the period of impoundment; and

(d) Any and all delinquent court fines with respect to the animal.

If an animal is sold pursuant to this chapter, the net proceeds from the sale shall offset the accrued obligation of the animal’s owner with the exception of delinquent court fines. (Ord. 2833 § 1, 2010; Ord. 2600 § 1, 2005; Ord. 2404 § 1, 2002; Ord. 2013 § 15, 1995).

10.04.160 Destruction and sale of animals.

The animal control officer or other properly authorized person shall have the authority to sell or destroy, by humane means, all animals given to the city or impounded pursuant to this chapter, when such animals have not been redeemed by their owners in the following time periods:

(1) Immediately upon determining that it would be humane to destroy an injured or diseased animal and the animal is unlicensed or the owner cannot be located. Determination of whether the animal will be destroyed will be made by a veterinarian, animal control officer or police officer;

(2) Twenty-four hours after an owner voluntarily surrenders its animal to the city;

(3) Four working days after an animal has been impounded pursuant to this chapter, without the consent of the owner;

(4) Six days for licensed or animals with identification tags;

(5) Ten days after impounding a dog or cat pursuant to this chapter; or

(6) In accordance with the current policies of the Everett Animal Shelter or other contracted shelter. (Ord. 3290 § 2 (Exh. B), 2023; Ord. 2404 § 1, 2002; Ord. 2013 § 16, 1995).

10.04.170 Proof of rabies inoculation.

In the event that the chief of police or his designee deems it necessary for the health, safety and welfare of the city residents, no license hereunder shall be granted unless the applicant shall have presented to the city or its appointee a certificate from a licensed veterinarian to the effect that the animal has been inoculated against rabies within the year preceding application for license. (Ord. 2404 § 1, 2002; Ord. 2013 § 17, 1995).

10.04.180 Stray animals.

Any animal shall be defined as a “stray animal” and is declared to be a public nuisance subject to impoundment if it is running at large, is not licensed, has no identification tag, and has no apparent home where it is cared for on a regular basis. (Ord. 2404 § 1, 2002; Ord. 2013 § 18, 1995).

10.04.190 Confinement and redemption of biting dogs or cats.

(1) It is unlawful for the owner or owners of any dog or cat known to have bitten or scratched any person or persons or other animal or animals, to harbor or keep such dog or cat without permitting an examination or inspection of such dog or cat after due demand therefor by the chief of police or his designee. If, after such inspection or examination, good cause appears to be that such animal is suffering or has been exposed to rabies, such animal may be impounded and quarantined apart from other animals for a 10-day period from and after the date of seizure.

(2) Any dog or cat impounded under this section may be redeemed at the expiration of such period or prior thereto, upon the determination of the county health department that it is free from such disease, and upon the payment to the impounding authority of the maintenance charge for each day of confinement, as hereinbefore set forth. (Ord. 2404 § 1, 2002; Ord. 2013 § 19, 1995).

10.04.200 In-heat dogs or cats at large prohibited.

It is unlawful for the owner or custodian of any female dog or cat to allow said dog or cat to be at large during the regular heat period, and any such dog or cat running at large during such period is a nuisance and may be impounded as such. (Ord. 2404 § 1, 2002; Ord. 2013 § 20, 1995).

10.04.210 Trespassing dogs and cats prohibited – Requirement to remove fecal matter.

(1) It is a civil infraction to suffer or permit any dog or cat to trespass on private or public property so as to damage, destroy or befoul any property or thing of value.

(2) It is a civil infraction to fail to remove fecal matter deposited by an animal on the property of another before the owner and/or said animal leave the immediate area in which the fecal matter was deposited.

(3) It is a civil infraction for a person to fail to have in his or her possession the equipment necessary to remove fecal matter deposited by an animal when on public property or a public right-of-way. (Ord. 2404 § 1, 2002; Ord. 2013 § 21, 1995).

10.04.220 Noisy animals prohibited.

No person may keep or harbor an animal or animals that make noise in violation of Chapter 6.76 MMC. (Ord. 3290 § 3 (Exh. C), 2023; Ord. 2404 § 1, 2002; Ord. 2013 § 22, 1995).

10.04.230 Chasing and intimidating dogs prohibited.

It is unlawful for any person, firm or corporation which owns, possesses, harbors, or has control or charge of any dog which is known or in the exercise of reasonable care should be known to chase, run after or jump at vehicles or bikes using public streets, alleys and sidewalks, or which habitually snaps, growls, jumps at or upon or otherwise threatens persons lawfully using public streets, alleys or sidewalks, to allow the same to run at large and not under restraint. (Ord. 2404 § 1, 2002; Ord. 2013 § 23, 1995).

10.04.250 Animal control officer appointed.

The animal control officer of the city, in his capacity as a member of the Marysville 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. 2404 § 1, 2002; Ord. 2013 § 25, 1995).

10.04.260 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 referred to in this chapter. (Ord. 2404 § 1, 2002; Ord. 2013 § 26, 1995).

10.04.270 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 Marysville 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. 2404 § 1, 2002; Ord. 2013 § 27, 1995).

10.04.280 Obstructing process of impoundment – Penalty.

It is a civil infraction 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. 2404 § 1, 2002; Ord. 2013 § 28, 1995).

10.04.290 Entering private property to take possession of animal.

The animal control officer may enter the private unenclosed private property of another with or without warrant, when in hot pursuit to take possession of any animal observed in violation of this chapter. (Ord. 2404 § 1, 2002; Ord. 2013 § 29, 1995).

10.04.300 Leash required.

It is a civil infraction 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. Any case alleging a violation of this section is to be filed as a civil infraction. (Ord. 2404 § 1, 2002; Ord. 2013 § 30, 1995).

10.04.310 Restraint and enclosure.

All persons owning or having control or possession of any rabbits, goats, swine, horses, or cattle within the city shall keep the same restrained and enclosed at all times on the premises owned and occupied by such persons. (Ord. 3290 § 5 (Exh. D), 2023; Ord. 2404 § 1, 2002; Ord. 2013 § 31, 1995).

10.04.315 Fowl.

The keeping of fowl for personal use of the household shall be permitted subject to the following:

(1) The maximum number of fowl which may be kept on residential lots is as follows:

(a) Lots less than one acre:

(i) One fowl allowed per 1,000 square feet of property or 20 fowl, whichever is less.

(ii) The following fowl types are limited to a total of three of any combination of: geese, turkeys, and pigeons.

(iii) The following fowl types are prohibited: roosters, peafowl, and guinea fowl.

(b) Lots over one acre: no limits established.

(2) A suitable shelter that is constructed so as to discourage predators shall be provided. The shelter shall be maintained in good working condition.

(a) Shelters, pens, and similar fowl enclosures shall be in the rear yard and shall be set back a minimum of 20 feet from neighboring residentially occupied structures.

(b) Shelters, pens, and similar fowl enclosures 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 disposed of at least once each week in a manner approved by the animal control officer.

(3) Fowl may be processed on the premises; provided, that the processing occurs in the rear yard out of public view.

(4) Infected fowl with diseases harmful to humans shall be removed from the premises. (Ord. 3290 § 6 (Exh. E), 2023; Ord. 2900 § 2, 2012).

10.04.320 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. Every violation of this section is a public nuisance. (Ord. 2404 § 1, 2002; Ord. 2013 § 32, 1995).

10.04.330 Pigeons.

The provisions of MMC 10.04.310 shall not apply to pigeons during periods when they are being trained or exercised; provided, that pigeons shall not be allowed to trespass on private property so as to damage, destroy or befoul any property. (Ord. 2404 § 1, 2002; Ord. 2013 § 33, 1995).

10.04.335 Beekeeping.

Beekeeping shall be permitted subject to the following:

(1) Beehives are permitted in any zone, subject to the following conditions and limitations:

(a) Hives are prohibited on lots that are 5,000 square feet or less;

(b) Two hives on lots between 5,001 and 10,000 square feet;

(d) Fifteen hives on lots over 35,000 square feet;

(e) The hive limitations outlined in subsections (1)(a) through (d) of this section apply to agricultural uses on lots less than four acres in size. Agricultural uses on lots that are four acres or larger are permitted to have five hives per acre; and

(f) The limits on hives outlined in subsections (a) through (e) of this section may be temporarily increased by 100 percent for a period not to exceed 30 days for the purpose of “splits” (making two hives from an existing hive), or to avoid swarming;

(2) Hives must be set back at least 25 feet from each property line with the following exceptions:

(a) The setback for hives may be reduced to five feet from each property line if:

(i) Hives are situated eight feet or more above the adjacent ground level; or

(ii) Hives are less than six feet above the adjacent ground and are behind a solid fence or hedge which is at least six feet in height and parallel to any property within 25 feet of the hives and extending at least 20 feet beyond the hive in both directions;

(iii) Hives abutting a native growth protection area (NGPA) or open space tract not intended for recreation may be located up to the property line;

(3) Colonies shall be maintained in movable frame hives with a maximum of one colony per hive;

(4) Adequate space shall be provided in each hive to prevent overcrowding and minimize swarming;

(5) Colonies shall be requeened annually, or any time following swarming or aggressive behavior, with a queen of suitable docile strain;

(6) All colonies shall be registered with the Washington State Department of Agriculture in accordance with Chapters 15.60 and 15.62 RCW; and

(7) Abandoned colonies, diseased bees, or bees living in trees, buildings, or any other space except in movable-frame hives shall constitute a public nuisance, and shall be abated as set forth in Chapter 6.24 MMC, Public Nuisances. (Ord. 2984 § 2, 2015).

10.04.340 Location of building – Enclosures must be clean.

(1) Any building inhabited by livestock shall be located at a minimum distance of 100 feet of any adjoining residence.

(2) All houses, pens or enclosures where 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 disposed of at least once each week in a manner approved by the animal control officer. (Ord. 3290 § 7 (Exh. F), 2023; Ord. 2404 § 1, 2002; Ord. 2013 § 34, 1995).

10.04.350 Pigsty.

No pigsty, piggery or other place where swine are kept shall be built or maintained on marshy ground or land subject to overflow, nor within 200 feet of any stream or other source of water supply, nor within 300 feet of any inhabited house or public meeting house on adjoining property. (Ord. 2404 § 1, 2002; Ord. 2013 § 35, 1995).

10.04.360 Swine – Garbage feeding.

When garbage is fed to pigs all unconsumed garbage shall be removed daily and disposed of by burial or incineration. No organic material furnishing feed for flies shall be allowed to accumulate on the premises. All garbage shall be handled and fed upon platforms of concrete or other impervious material. Unslaked lime, hypochlorite of lime, borax or mineral oil shall be used daily in sufficient quantities to prevent offensive odors and the breeding of flies. All garbage, offal and flesh fed to swine must be sterilized by cooking before feeding. (Ord. 2404 § 1, 2002; Ord. 2013 § 36, 1995).

10.04.370 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 rat and mice harborages. (Ord. 2404 § 1, 2002; Ord. 2013 § 37, 1995).

10.04.380 Cruelty to animals and mistreatment – Statutes adopted by reference.

The following statutes, as now enacted or hereinafter amended, are adopted by reference as if fully set forth herein, including penalties; except that conduct constituting a felony, as determined by the prosecutor, is excluded:

RCW

Chapter 16.52 Prevention of Cruelty to Animals

Chapter 9.08 Animals, Crimes Relating to

46.61.660 Carrying Animals on Outside of Vehicle

9.91.170 Interfering with Dog Guide or Service Animal

9.91.175 Interfering with Search and Rescue Dog

(Ord. 3017 § 1 (Exh. A), 2016; Ord. 2404 § 1, 2002; Ord. 2013 § 38, 1995).

10.04.385 RCW 16.52.085 supplemented.

The Marysville municipal court will have the same jurisdiction as district courts provided by RCW 16.52.085, and petitions for the immediate return of an animal shall be filed with the Marysville municipal court, and copies of the petition must be served on the law enforcement or animal care and control agency responsible for removing the animal and to the city attorney’s office. (Ord. 3131 § 1, 2019).

10.04.390 Dangerous dogs.

The following statutes regarding dangerous dogs are incorporated by reference:

RCW

16.08.070 Definitions

16.08.080 Registration

16.08.090 Restraint

16.08.100 Confiscation

(Ord. 2404 § 1, 2002; Ord. 2013 § 39, 1995).

10.04.400 Provisions of MMC 10.04.390 – Applicability.

The provisions of MMC 10.04.390 apply to all “dangerous dogs” and “potentially dangerous dogs” as defined in RCW 16.08.070. (Ord. 2404 § 1, 2002; Ord. 2013 § 40, 1995).

10.04.410 Declaration of potentially dangerous/dangerous dogs – Procedure.

(1) The police department shall classify potentially dangerous/dangerous dogs. The department may find and declare an animal potentially dangerous/dangerous if an animal control officer has probable cause to believe that the animal falls within the definitions set forth in MMC 10.04.390. The finding must be based upon:

(a) The written complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definition of MMC 10.04.390; or

(b) Dog bite reports filed with the police department; or

(d) Other substantial evidence.

(2) The declaration of potentially dangerous/dangerous dog shall be in writing and shall be served on the owner in one of the following methods:

(a) Certified mail to the owner’s last known address; or

(b) Personally; or

(c) If the owner cannot be located by one of the first two methods, by publication in a newspaper of general circulation.

(3) 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; and

(f) The ability and process for appealing the declaration to the Marysville municipal court. (Ord. 2404 § 1, 2002; Ord. 2013 § 41, 1995).

10.04.420 Permits and fees.

Following the declaration of a potentially dangerous dog and the exhaustion of the appeal process, the owner of a potentially dangerous dog shall obtain a permit for such dog from the office of the city clerk upon proof that all registration requirements of RCW 16.08.080 have been satisfied, and shall be required to pay $100.00 for the permit. If the owner fails to obtain a permit or fails to file an appeal, the animal control officer is authorized to seize and impound the animal and, after notification to the owner, hold the animal for no more than five days before the destruction of the animal. (Ord. 2404 § 1, 2002; Ord. 2013 § 42, 1995).

10.04.430 Notification of status of potentially dangerous dog.

(1) The owner of a potentially dangerous dog shall immediately notify the police department when the animal:

(a) Is loose or unconfined off the property; or

(b) Has bitten or injured a human being or another animal; or

(d) Is moved to another address.

(2) Prior to a potentially dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control agency. The new owner shall comply with all the requirements of this chapter. (Ord. 2404 § 1, 2002; Ord. 2013 § 43, 1995).

10.04.440 Licensing – General requirements.

All animal shelters, kennels, catteries, hobby kennels, hobby catteries, pet shops, and grooming services must be licensed by the animal control authority. Licenses will be valid for one year from the date of application. Fees shall be assessed as determined by resolution of the city council. There is no proration of the license fee. Renewal licenses shall retain the original expiration date whether renewed prior to, on, or after their respective renewal month. Any person(s) who engages in more than one of the services or maintains more than one of the types of facilities cited in this section shall pay license fees as determined in this section. Veterinarians shall obtain the required license for any service other than the one which by law may be performed only by a veterinarian; provided, that no such license shall be required for his or her possession of animals solely for the purposes of veterinary care. (Ord. 2404 § 1, 2002; Ord. 2013 § 44, 1995).

10.04.450 Kennel permit required.

No person shall keep dogs and/or cats over three months of age which exceed the maximums identified in MMC 10.04.470 or operate a “commercial kennel” as defined in Chapter 22A.020 MMC without first obtaining a written approval from the animal control officer. The animal control officer shall have administrative authority to allow an excess of the maximum number of dogs and cats referred to in MMC 10.04.470 or to operate a commercial kennel; provided, however, in no event shall such administrative approval be granted for an excess of the maximums by more than six dogs or cats without a conditional use permit from the city hearing examiner and city council. The factors to be considered in granting or denying such an excess shall be the same as set forth in MMC 10.04.470 (2)(c)(iv). Any aggrieved party may appeal the decision of the animal control officer to the city hearing examiner, and said examiner is hereby authorized to hear such appeals and make a recommendation to the city council; provided, further, that no such permit shall be required in the case of a legally established commercial enterprise which operates exclusively as a “veterinary hospital or clinic,” “pet shop” or “grooming parlor” as defined in Chapter 22A.020 MMC. (Ord. 2404 § 1, 2002; Ord. 2013 § 45, 1995).

10.04.460 Commercial kennels, animal shelters, pet daycares, and pet shops – General conditions.

Commercial kennels, animal shelters, pet daycares, and pet shops shall meet the following conditions:

(1) Animal housing facilities shall be provided the animals and shall be structurally sound and shall be maintained in good repair; shall be designed so as to protect the animals from injury and restrict the entrance of other animals. In addition, each animal housed in any animal shelter, commercial kennel, pet daycare, or pet shop or enclosure therein shall be provided with adequate floor space to allow each animal to turn about freely and to easily stand, sit, and lie in a comfortable normal position.

(2) Electrical power shall be supplied in conformance with applicable electrical codes adequate to supply heating and lighting as may be required by this chapter.

(3) Indoor facilities must comply with the following:

(a) Be heated or cooled to protect the animals from temperatures to which they are not acclimated;

(b) Provide adequate ventilation for the health of the animals and to remove foul odors;

(d) Flooring must be an impervious surface that can be sanitized; and

(e) Suitable drainage must be provided to eliminate excess water.

(4) Outdoor facilities must comply with the following:

(a) Shelter from the elements must be provided;

(b) Suitable drainage must be constructed to prevent an accumulation of water, mud, debris, etc., and to enable proper cleaning of the facilities; and

(5) Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and enclosures of debris and excreta.

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

(7) Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestation, odors, and disease hazards.

(8) Washroom facilities, including sinks and toilets, with hot and cold water, shall be conveniently available to maintain cleanliness among animal caretakers and for the purpose of washing utensils and equipment.

(9) Sick, diseased or injured animals shall be separated from those appearing healthy and normal and if for sale, shall be removed from display and sale and kept in isolation quarters with adequate ventilation to keep from contaminating well animals.

(10) There shall be an employee or keeper on duty at all times during hours any store or facility is open whose responsibility shall be the care and supervision of the animals in that shop or department held for care, sale or display.

(11) An employee, keeper or owner shall make provision to feed, water and do the necessary cleaning of animals on days the store or establishment is closed.

(12) No person, persons, association, firm or corporation shall misrepresent an animal to a consumer in any way.

(13) No person, persons, associations, firm or corporation shall knowingly sell a sick or injured animal.

(14) Animals which are caged, closely confined or restrained shall be permitted daily, and for an appropriate length of time, as determined by their size, age and species, to exercise in a yard or area suitable for that purpose.

(15) Noise levels shall comply with the standards set forth in Chapter 173-60 WAC. If noise levels exceed these standards, mitigation measures such as, but not limited to, soundproofing of buildings or outdoor facilities, prohibiting overnight boarding, restricting outdoor access, limiting the number of animals receiving care, separating animals into different groups, etc., shall be implemented in order to achieve compliance with the noise standards set forth in WAC 173-60-040.

(16) Animal facilities (indoor and outdoor) must maintain a 25-foot setback to any neighboring structure used for human habitation located in a nonresidential zone, and a 100-foot setback to any neighboring structure used for human habitation located in a residential zone. (Ord. 2985 § 2, 2015; Ord. 2404 § 1, 2002; Ord. 2013 § 46, 1995).

10.04.470 Hobby kennel or hobby cattery – Conditions.

(1) Limitation on Number of Dogs and Cats Allowed. Any hobby kennel or hobby cattery license shall limit the total number of dogs and cats over three months of age kept by such hobby kennel or hobby cattery based on the following guidelines:

(a) The amount of lot area; provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more; the maximum number shall not exceed five per acre where the lot area contains one acre but less than five acres and the maximum number shall not exceed four where the lot area is less than one acre;

(b) The facility specifications or dimensions in which the dogs and cats are to be maintained;

(2) Requirements – Hobby Kennels and Hobby Catteries.

(a) All open run areas shall be completely surrounded by a six-foot fence set back at least 20 feet from all property lines; provided this requirement may be modified for hobby catteries as long as the open run area contains the cats and prohibits the entrance of children. For purposes of this section “open run area” means that area, within the property lines of the premises on which the hobby kennel or hobby cattery is to be maintained, where the dogs and cats are sheltered or maintained. If there is no area set aside for sheltering or maintaining the dogs within the property lines of premises not containing an open run area, it must be completely surrounded by a six-foot fence.

(b) No commercial signs or other appearances advertising the hobby kennel or hobby cattery are permitted on the property except for the sale of the allowable offspring set forth in this section, or otherwise allowable under the city sign code as codified in Chapter 16.16 MMC et seq.

(c) The animal control officer may require setback, additional setback, fencing, screening or soundproofing as she or he deems necessary to insure the compatibility of the hobby kennel or hobby cattery with the surrounding neighborhood. Factors to be considered in determining such compatibility are:

(i) Statement regarding approval or disapproval of surrounding neighbors relative to maintenance of a hobby kennel or hobby cattery at the address applied for;

(ii) Past history of animal control complaints relating to the dogs and cats of the applicant at the address for which the hobby kennel or hobby cattery is applied for;

(iii) Facility specifications and dimensions in which the dogs and cats are to be maintained;

(iv) Animal size, type and characteristics of breed;

(v) The zoning classification of the premises on which the hobby kennel or hobby cattery is maintained.

(d) The hobby kennel or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat.

(e) Each dog and cat in the hobby kennel or hobby cattery shall have current and proper immunization from disease according to the dog’s and cat’s species and age. Such shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over two months of age and rabies inoculations for all dogs and cats over six months of age.

(3) License Issuance and Maintenance. Only when the animal control officer is satisfied that the requirements of this chapter have been met, may a hobby kennel or hobby cattery license be issued. The license will continue in full force throughout the license year unless, at anytime, the hobby kennel or hobby cattery is maintained in such a manner as to:

(a) Exceed the number of dogs and cats allowed at the hobby kennel by the animal control section; or

(b) Fail to comply with any of the requirements of this chapter.

(4) Special Hobby Kennel License.

(a) Persons owning a total number of dogs and cats exceeding four who do not meet the requirements for a hobby kennel license may be eligible for a special hobby kennel license to be issued at no cost by the animal control authority which will allow them to retain the specific animals then in their possession provided that the following conditions are met:

(i) The applicant must apply for the special hobby kennel license and individual licenses for each dog and cat within 30 days of the enactment of this chapter or at the time they are contacted by an animal control officer;

(ii) The applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial enterprise.

(b) The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the applicant at the time of issuance, and is intended to allow pet owners to possess animals beyond the limits imposed by code until such time as the death or transfer of such animals reduces the number possessed to the legal limit set forth by code.

(c) The animal control officer may deny any application or revoke a special hobby kennel license based on past animal control code violations by the applicant’s dogs and cats; or complaints from neighbors regarding the applicant’s dogs and cats; or if the animal(s) is maintained in inhumane conditions.

(d) The provisions of this subsection (4) shall automatically be repealed on December 31, 1995, and thereafter a special hobby kennel license shall not be allowed. (Ord. 2404 § 1, 2002; Ord. 2013 § 47, 1995).

10.04.480 Grooming parlors – Conditions.

Grooming parlors shall:

(1) Not board animals, but keep said animals for a reasonable time in order to perform the business of grooming;

(2) Keep each animal in an individual cage;

(3) Not permit animals therein kept for the direct purpose of grooming to have contact with other animals kept therein;

(4) Sanitize all equipment after each animal has been groomed;

(5) Not prescribe treatment or medicine that is in the province of a licensed veterinarian as provided in RCW 18.92.010;

(6) Not leave animals unattended during the drying process;

(7) Take reasonable precautions to prevent injury from occurring to any animals while in the custody of said parlor. (Ord. 2404 § 1, 2002; Ord. 2013 § 48, 1995).

10.04.490 Violation – Penalties.

(1) Any violation of this chapter not otherwise designated a misdemeanor or gross misdemeanor shall constitute a civil infraction punishable by a fine in an amount not to exceed $250.00.

(2) Any person violating any provision of this chapter not otherwise designated a misdemeanor or gross misdemeanor three or more times in any 12-month period shall have committed a civil infraction punishable by a fine not to exceed $500.00.

(3) Any violation of this chapter designated a misdemeanor shall be punishable by a maximum of 90 days in jail and/or a fine not to exceed $1,000.

(4) Any violation of this chapter designated a gross misdemeanor shall be punishable by a maximum of 365 days in jail and/or a fine not to exceed $5,000. (Ord. 2404 § 1, 2002; Ord. 2013 § 49, 1995).

10.04.500 Public nuisance – Notice of abatement – Penalties.

Any violation of MMC 10.04.040 to 10.04.480 shall constitute a public nuisance. Upon being advised of the same, the animal control officer may serve notice upon the owner or occupant of the subject premises requiring that the nuisance be abated within a period of not less than three days. It shall be unlawful for any person to fail to comply with the notice of abatement. Any person found guilty of the failure to comply shall be guilty of a separate civil infraction for each day of noncompliance. (Ord. 2404 § 1, 2002; Ord. 2013 § 50, 1995).