Chapter 6.30
ANIMAL CONTROL AND CARE

Sections:

6.30.010    Animal control program.

6.30.020    Penalties – Infraction unless otherwise designated.

6.30.030    Cruelty violations declared unlawful.

6.30.040    Household animals.

6.30.050    Domestic animals.

6.30.060    Wild animals.

6.30.070    Inherently dangerous and prohibited animals.

6.30.080    Stay of enforcement.

6.30.090    No duty created.

6.30.100    Running at large prohibited.

6.30.110    Animal waste.

6.30.120    Rabies notice.

6.30.130    Nuisances defined.

6.30.140    Nuisance – Notice and order to abate.

6.30.150    Findings – Probable cause for declaration.

6.30.160    Notice of potentially dangerous dog declaration.

6.30.170    Notice of dangerous dog declaration.

6.30.180    Contents of nuisance animal notice and order to abate, or potentially dangerous dog or dangerous dog declaration notice and order, and service thereof.

6.30.190    Appeal – Authority.

6.30.200    Appeal – Form.

6.30.210    Appeal – Procedures.

6.30.220    Failure to abate a nuisance – Penalty.

6.30.230    Dangerous or potentially dangerous dog – Requirements for keeping within City.

6.30.240    Impoundment.

6.30.250    Impound procedures.

6.30.010 Animal control program.

A. The animal control program is established for the City of Mountlake Terrace to implement this chapter.

B. The Police Chief is authorized to enforce the animal control program. (Ord. 2547 § 2, 2010).

6.30.020 Penalties – Infraction unless otherwise designated.

A violation of any provision of this chapter, unless otherwise designated herein, shall constitute a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance and disposition of infractions issued for violations of this chapter shall be in accordance with Chapter 7.80 RCW. The penalty for violation of a provision of this chapter may be set by resolution; provided, however, that a fourth and subsequent violation of an animal running at large in the City shall be a misdemeanor offense. Upon conviction, such person shall be punished by a fine not to exceed $1,000 or by imprisonment for a period not to exceed 90 days, or both such fine and imprisonment. (Ord. 2547 § 2, 2010).

6.30.030 Cruelty violations declared unlawful.

It is unlawful for any person to willfully and cruelly injure or kill any animal by any means including but not limited to:

A. By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or to fail to aid or attempt alleviation of pain, suffering or injury he has so caused to any animal;

B. Lay out or expose any kind of poison, or to leave exposed any poisoned food or drink for man, animal or fowl, or any substance or fluid whatever, whereon or wherein there is or shall be deposited or mingled any kind of poison or poisonous or deadly substance or fluid whatever, on any premises, or on any unenclosed place, or to aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190;

C. Abandon any animal by dropping off or leaving such animal on the street, road or highway, or in any other public place, or on the private property of another; or

D. Confine any animal without adequate water, aid and/or food or in a confinement in which the animal is subject to extremes of heat or cold; for example, but not limited to, confinement within an automobile without adequate ventilation or protection from extremes of temperature.

E. Any person violating any provision of this section shall be guilty of a gross misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $5,000 or 365 days in jail, or both such fine and jail. (Ord. 2547 § 2, 2010).

6.30.040 Household animals.

A. Household animals of at least six months of age, not to exceed four in number of any combination, may be kept in a single household; provided, that no more than 10 dogs or cats of less than six months of age may be kept in a single household. Household animals of at least six months of age, not to exceed two in number of any combination, may be kept on the premises of a single nonresidential unit; provided, that no more than six animals of less than three months of age shall be kept on the premises of a single nonresidential unit. No restriction applies to the number of fish that may be kept at a household or a nonresidential unit if such fish are appropriately confined and not used for commercial purposes. No restrictions on the number of household pets being temporarily boarded in a licensed commercial business that provides temporary boarding or care of animals apply to this subsection.

B. If kept outdoors, household animals must be provided the proper shelter, food, and water necessary for sustenance.

C. Periodic cleanup of animal waste shall be the responsibility of the owner in order to maintain general sanitation and minimize odor.

D. Adequate measures shall be taken to prevent household animals from straying onto adjacent property.

E. The keeping of household animals on the premises of multi-household residential projects may be controlled by regulations imposed by the property’s management staff or homeowners’ association. In no case shall these regulations be less restrictive than those contained in this chapter.

F. No more than two guard dogs shall be kept on any one lot. (Ord. 2547 § 2, 2010).

6.30.050 Domestic animals.

A. Small domestic animals, not to exceed three in any combination, may be kept at single-household residential properties but shall not be kept at any other properties. If kept outdoors, such animals shall be provided a shelter, which must include a roof, and adequate food and water for the animal’s sustenance. If the animals can sometimes be out of the shelter, they must be contained in a properly fenced area, consistent with this section, at all times. The shelter and fenced area shall only be within a rear yard, as defined in this title, and shall be at least five feet from any property line. Periodic cleanup of animal waste shall be the responsibility of the owner in order to maintain general sanitation and minimize odors. Adequate measures shall be taken to prevent animals from straying onto adjacent property.

B. Large domestic animals shall not be allowed in the City, except as provided in either this subsection or subsection C of this section. Goats, excluding any bucks, may be allowed for vegetation control on any lot that is greater than 10,000 square feet for no more than seven days in any 90-day period; provided, that the property has not been associated with any animal control violations within the past one-year period. Such goats shall be contained within a properly fenced area. Adequate measures shall be taken to prevent animals from straying onto adjacent property. Cleanup of animal waste shall be the responsibility of the owner in order to maintain general sanitation and minimize odors.

C. Horses, ponies, and goats may be kept longer than seven days in any 90-day period only if all the following conditions are met:

1. The animal(s) are kept on a single-household residential property;

2. The horses, ponies, and goats shall not include any bucks and shall not exceed two in any combination on a single-household residential property;

3. The subject property is at least 25,000 square feet in size for the first large domestic animal being kept and an additional 10,000 square feet in size for the second large domestic animal being kept; and

4. The animal(s) shall be kept in a properly fenced area of at least 10,000 square feet for each animal. Adequate stable facilities shall be provided within the fenced area. Such fenced area shall be at least 30 feet from any property line and shall be within the rear yard. The majority of the area outside the stable shall be vegetated to include appropriate live plants for grazing and shall not consist of exposed soil. Within the fenced area, the animals shall be provided water and food necessary for sustenance. (Ord. 2547 § 2, 2010).

6.30.060 Wild animals.

No person shall own any wild animal unless he or she has obtained a permit from the State Department of Fish and Wildlife and/or the U.S. Fish and Wildlife Service; provided, that the animal control authority may allow a person to temporarily care for an infant or injured wild animal that is native to this area and homeless while the person acquires the necessary state and/or federal permits. Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or 90 days in jail, or both such fine and jail. (Ord. 2547 § 2, 2010).

6.30.070 Inherently dangerous and prohibited animals.

It is unlawful for any person to possess or maintain an inherently dangerous or prohibited animal within the City of Mountlake Terrace. Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or 90 days in jail, or both such fine and jail. (Ord. 2547 § 2, 2010).

6.30.080 Stay of enforcement.

Enforcement of any notice and order issued by the animal control authority issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal which is:

A. Vicious or dangerous; or

B. Cruelly treated. (Ord. 2547 § 2, 2010).

6.30.090 No duty created.

Nothing contained in this chapter is intended to be nor shall be construed to create or form any special duties or relationships with specific individuals or otherwise constitute 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 commission with the implementation or enforcement of this chapter on the part of the City by its officers, employees or agents. This chapter has been enacted for the welfare of the public as a whole, and not for any specific group or class. (Ord. 2547 § 2, 2010).

6.30.100 Running at large prohibited.

A. Except as provided in subsection B of this section, it shall be a civil violation for the owner or person having charge, care, custody or control of any animal, with the exception of domestic, licensed cats, to allow such animal to run at large during any hours of the day or night; provided, however, that a fourth and subsequent violation(s) shall be a misdemeanor offense. This section shall not apply to dogs owned by the City or other law enforcement agencies and maintained as police K-9 units while under the custody and control of the trainer or keeper.

B. Dogs may be allowed to run at large only in the marked fenced area generally described as a portion of Terrace Creek Park located at 5303 228th Street SW lying north of the Recreation Pavilion and northeast of Terrace Park School, and more accurately described and depicted on the map, Exhibit A, attached to the ordinance codified in this section, which is incorporated by reference as though fully set forth. The area shall be open daily from dawn until dusk unless otherwise posted.

C. All dogs that enter into the designated off-leash dog park area shall be licensed, current with all shots, healthy, and wearing a collar and identification at all times. Dogs that are ill, injured, in heat, or that have been declared dangerous or potentially dangerous are not permitted to use the off-leash dog park area. Any person or persons who take a dog into the off-leash dog park area shall:

1. Enter and exit the off-leash dog park area with the dog(s) in physical control by means of an adequate leash.

2. Keep their dog(s) in view and maintain voice control at all times.

3. Immediately remove their dog(s) upon the first sign of aggression.

4. Discourage their dog(s) from digging, and fill any holes created by their dog(s).

5. Be responsible and liable for the behavior and action of their dog(s) and any injuries caused by their dog(s).

6. Carry equipment for removing feces, and shall place feces deposited by their dog(s) in the appropriate provided waste receptacle.

7. Have no more than three dogs in the off-leash dog park area in their possession or under their control.

8. Supervise all children under 15 years of age.

9. Comply with all Mountlake Terrace park rules and regulations, including no food, beverages, smoking, alcohol use, picnicking, and camping, which are expressly prohibited in the off-leash dog park area. Firearms are subject to laws of the state of Washington.

D. Penalty. Violations of or failure to comply with any of the provisions of this section shall be a civil violation and subject to a fine amount of $200.00 for each violation. A person to whom a notice of civil violation is directed may appeal the notice of civil violation by filing a written request for hearing with the Violations Bureau within 15 days of issuance of the citation. Failure to timely file a notice of hearing shall constitute a waiver of the right to appeal the determination of the civil penalty.

An appeal hearing, timely requested, shall be set before the Hearing Examiner no less than 20 days, but no more than 60 days, from the date the notice of civil violation was issued, unless such date is continued for good cause or by agreement of the parties. Action taken by the Hearing Examiner constitutes a final decision and shall be appealable only to the Snohomish County Superior Court; provided, that any petition for review shall be filed no later than 14 calendar days after the service of the written order of the Hearing Examiner. (Ord. 2596 § 1, 2012; Ord. 2547 § 2, 2010).

6.30.110 Animal waste.

A. It shall be a civil violation for the owner or person having charge of any animal to permit, either willfully or by failure to exercise due care, such animal to commit a public nuisance by defecating in any area of the City other than the premises of the owner or person having charge or control of the animal, unless said owner or person having charge takes immediate steps to remove and properly dispose of said feces.

B. It shall be unlawful for the owner or person having charge of any animal to take that animal off their private property without having in the possession of the owner or person having charge of the animal a proper means of disposal for the feces of the animal.

C. “Disposal” is defined, for the purposes of this section, as the removal of feces by means of a bag, scoop or other device and an eventual disposal in a trash receptacle, by burying or by other means of lawful disposal. (Ord. 2547 § 2, 2010).

6.30.120 Rabies notice.

A. If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be confined on the owner’s premises and shall be subject to examination and observation of a veterinarian at the expense of the owner for a period of 10 days. The owner shall notify the City of the fact that his animal has been exposed to rabies and the animal control authority is empowered to have such animal removed from the owner’s premises to a veterinary hospital for observation for a period of up to 10 days at the owner’s expense.

B. It is unlawful for any person knowing or suspecting an animal has rabies to allow such animal to be taken off the owner’s premises without the written permission of the animal control authority. Every owner or other person, upon ascertaining an animal is rabid, shall immediately notify the animal control authority or a police officer, which shall either remove the animal to the designated shelter or summarily destroy it. (Ord. 2547 § 2, 2010).

6.30.130 Nuisances defined.

A. All violations of this chapter are detrimental to the public health, safety and welfare and are declared to be public nuisances.

B. Nuisances are hereby defined to include:

1. Any animal that chases, runs after or jumps at vehicles using public streets and alleys;

2. Any animal that habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways;

3. Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off his premises or lawfully on his premises;

4. A vicious animal or animal with vicious propensities which runs at large at any time, or such an animal off the owner’s premises not securely leashed on a line or confined and in the control of a person of suitable age and discretion to control or restrain such animal;

5. Any animal which howls, yelps, whines, barks or makes any noises in such a manner as to disturb any person or neighborhood to an unreasonable degree;

6. Animals kept, harbored or maintained and known to have a contagious disease, unless under the treatment of a licensed veterinarian;

7. Animals running in packs;

8. Permitting any animal, except for dogs, that is specifically confined within a specifically designated off-leash dog park and except for licensed domestic cats, running at large;

9. A female animal, whether licensed or not, while in season, accessible to other animals for purposes other than controlled and planned breeding;

10. Any animal which causes damage to property other than the property of the animal’s owner or person having physical charge and control of the animal;

11. Permitting a domestic cat to trespass upon the property of another in such a manner as to be a nuisance;

12. Permitting an animal to be unattended or at large on public premises, property or right-of-way except for dogs in those areas specifically designated as an off-leash dog park; animals must be confined to such restricted areas. Exception: licensed domestic cats, when not in conflict with subsection (B)(11) of this section; or

13. Any animal maintained in violation of any provision of this chapter.

C. All nuisances under this chapter shall be abated as provided in this chapter. (Ord. 2596 § 2, 2012; Ord. 2547 § 2, 2010).

6.30.140 Nuisance – Notice and order to abate.

A. Notices – When Required. Whenever it shall be stated in writing by an animal control officer or by three or more persons having separate residences or regularly employed in any neighborhood that any animal is a nuisance as defined in MTMC 6.30.130, the animal control authority shall serve a notice of violation and order as set forth in MTMC 6.30.180 upon the owner or person having physical charge and control of the animal directing that the nuisance be abated. This section shall not apply to MTMC 6.10.040 or 6.10.160 relating to dangerous and potentially dangerous dogs. Appeal of a nuisance order shall be governed by MTMC 6.30.200 and 6.30.210. (Ord. 2547 § 2, 2010).

6.30.150 Findings – Probable cause for declaration.

The animal control authority may find and declare an animal dangerous or potentially dangerous if the animal control authority has probable cause to believe that the animal falls within the definitions set forth in MTMC 6.10.040 or 6.10.160, respectively. (Ord. 2547 § 2, 2010).

6.30.160 Notice of potentially dangerous dog declaration.

Upon declaration by the animal control authority that a dog is a potentially dangerous dog under MTMC 6.10.160, the owner, or person having physical charge and control of the dog if the identity of the owner cannot be reasonably ascertained, shall be supplied with written notice of said declaration as set forth in MTMC 6.30.180. (Ord. 2547 § 2, 2010).

6.30.170 Notice of dangerous dog declaration.

Upon declaration by the animal control authority that a dog is a dangerous dog under MTMC 6.10.040, the owner, or person having physical charge and control of the dog if the identity of the owner cannot be reasonably ascertained, shall be served with written notice of said declaration as set forth in MTMC 6.30.180. (Ord. 2547 § 2, 2010).

6.30.180 Contents of nuisance animal notice and order to abate, or potentially dangerous dog or dangerous dog declaration notice and order, and service thereof.

A. Notice, Order and Declaration. The notice and order, or declaration of potentially dangerous dog or dangerous dog, shall contain:

1. The name and address, if known, of the owner or person having physical charge and control of the animal if the identity of the owner cannot be reasonably ascertained;

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

3. A statement that the animal control authority has preliminarily found:

a. The animal to be a dangerous dog as defined in MTMC 6.10.040 and a brief concise statement as to why the declaration has been made; or

b. The animal to be a potentially dangerous dog as defined in MTMC 6.10.160 and a brief concise statement as to why the declaration has been made; or

c. The animal maintained illegally, with a brief and concise description of the conditions found to render the owner in violation of this chapter;

4. A statement of the action required to be taken, as determined by the Chief of Police, or his designee, as head of the animal control authority:

a. If the animal control authority has determined the nuisance must be abated, the order shall require that the abatement shall be completed within a certain time from the date of the order, as determined by the Chief of Police to be reasonable;

b. If the Hearing Examiner has imposed a civil penalty, the order shall require that the penalty shall be paid within 14 days from the date of the order;

5. Statements advising that, if any required abatement is not commenced within the time specified, the animal control authority will proceed to cause abatement and charge the costs thereof against the owner.

B. Preliminary Notice and Meeting. Prior to the animal control authority issuing its final determination of a dangerous dog or potentially dangerous dog, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the Chief of Police or his/her designee, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous or potentially dangerous. The preliminary notice of potentially dangerous dog or dangerous dog shall state the time, date, and location of the meeting, which must occur prior to the expiration of seven calendar days following delivery of the notice.

C. Authority to Impound. Nothing herein shall be deemed to limit the authority of any police officer or animal control officer to take up and impound an animal or dog as otherwise allowed.

D. Final Decision on Dangerous or Potentially Dangerous Dog. The final decision shall consist of either a final declaration of potentially dangerous or dangerous or a letter of no finding issued to the owner.

1. In the event the Chief of Police or his/her designee finds reason to issue a final declaration, such declaration shall contain the following:

a. A description of the animal;

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

c. The date and time of the meeting with the owner, if any;

d. A brief statement of why the dog has been found to be a dangerous or potentially dangerous dog;

e. The specific provision(s) of this chapter which the animal control authority found applicable;

f. The restrictions placed on the dog as a result of the declaration;

g. The penalties for violation of the restrictions, including the possibility of destruction of the dog, civil damages assessed against the owner, imprisonment and fines incurred by the owner through criminal prosecution;

h. A statement that the declaration can be appealed to the hearing examiner pursuant to MTMC 6.30.200 and 6.30.210;

i. A statement that failure to file a timely and complete notice of appeal will constitute a waiver of all rights to appeal said declaration.

2. A letter of no finding shall include:

a. A description of the animal;

b. The name and address of the owner;

c. The date and time of the meeting with the owner;

d. A brief summary of testimony and evidence presented at such discussion;

e. A brief summary of why the animal is not being found dangerous or potentially dangerous.

E. Service. Service of notice of preliminary declaration, final declaration, or letter of no finding shall be in accordance with the following provisions:

1. The notice and order shall be served on the owner or presumed owner of the animal in violation or declared a dangerous dog or potentially dangerous dog. If the identity of the owner cannot be reasonably ascertained, the person having physical custody of the animal or dog shall be served instead;

2. Service of the order shall be made upon all persons entitled thereto, either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to each person at his/her last known address;

3. Proof of service of any declaration of dangerous dog, or potentially dangerous dog, letter of no finding, or notice and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made.

F. The appeal form and appeal procedures for this section shall be governed by MTMC 6.30.200 and 6.30.210. (Ord. 2547 § 2, 2010).

6.30.190 Appeal – Authority.

All appeals filed shall be brought before the Hearing Examiner in accordance with and pursuant to the provisions of this chapter and Chapter 2.120 MTMC. The Hearing Examiner is authorized to hear any appeal from an order to abate a nuisance issued pursuant to MTMC 6.30.140 and declarations of dangerous dogs and potentially dangerous dogs issued pursuant to MTMC 6.30.180. (Ord. 2547 § 2, 2010).

6.30.200 Appeal – Form.

Any person entitled to service under MTMC 6.30.180 may appeal any final declaration of dangerous dog or potentially dangerous dog, any notice and order, or any action of the animal control authority by filing within 10 days from the date of service of such notice of final declaration or notice and order a written appeal at the office of the Chief of Police, containing:

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

B. A brief statement setting forth the legal interest of each of the appellants involved in the notice and order;

C. A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

D. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;

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

F. Verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matter stated in the appeal. (Ord. 2547 § 2, 2010).

6.30.210 Appeal – Procedures.

A. Filing. A notice of appeal, substantially in the form prescribed in MTMC 6.30.200, shall be filed with the Chief of Police not more than 10 days after service of the order to abate a nuisance or declaration of a dangerous dog or potentially dangerous dog appealed. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the order to abate a nuisance or declaration of dangerous dog or potentially dangerous dog.

B. Scheduling of Hearing. Upon receipt of a timely filed notice of appeal, a hearing shall be scheduled not more than 60 days from the date of the filing of the notice of appeal. Written notice of the date of the hearing shall be sent to the appellants not less than 10 days prior to the scheduled hearing date. The failure of the appellant to appear at the hearing shall result in a judgment by default of the order to abate a nuisance or declaration of dangerous dog or potentially dangerous dog.

C. Enforcement Stayed During Pendency of Appeal. Unless otherwise determined by the Hearing Examiner, enforcement of the order to abate a nuisance or declaration of dangerous dog or potentially dangerous dog shall be stayed during the pendency of the appeal.

D. Presentation of Evidence. At the appeal hearing, the Hearing Examiner shall take evidence relevant to the order to abate a nuisance or dangerous dog declaration or potentially dangerous dog declaration. The testimony may be provided in the form of a signed written statement pursuant to RCW 9A.72.085. A party requesting the presence of any witness at the hearing in lieu of that witness’s written statement under oath shall make a written request to the Hearing Examiner to subpoena such witness not later than 10 days after the filing of the notice of appeal.

E. Burden of Proof – Legal Standard of Review. At the appeal hearing, the City shall have the burden of proving that the dog declared dangerous or potentially dangerous falls within the definition of MTMC 6.10.040 or 6.10.160, respectively, which burden shall be met by a preponderance of the evidence.

F. Decision of the Hearing Examiner. The Hearing Examiner may uphold, dismiss or modify the order to abate a nuisance or declaration of dangerous dog or potentially dangerous dog. A written order shall be prepared and signed by the Hearing Examiner. The decision of the Hearing Examiner shall be a final administrative decision appealable to the Snohomish County Superior Court within 30 days of the written order of the Hearing Examiner.

G. A copy of MTMC 6.30.200 and this section shall be served on any person receiving an order to abate a nuisance pursuant to MTMC 6.30.140 or declaration of a potentially dangerous dog issued pursuant to MTMC 6.30.160 or declaration of dangerous dog issued pursuant to MTMC 6.30.170 at the time such order or declaration is served. (Ord. 2547 § 2, 2010).

6.30.220 Failure to abate a nuisance – Penalty.

Any owner or person having charge of any animal who fails to abate such nuisance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or 90 days in jail, or both such fine and jail. (Ord. 2547 § 2, 2010).

6.30.230 Dangerous or potentially dangerous dog – Requirements for keeping within City.

A. Potentially Dangerous Dog – Requirements. If a final determination has been issued declaring a dog to be a potentially dangerous dog under the provisions of this chapter, then strict compliance with each of the following requirements is necessary to keep a potentially dangerous dog in the City of Mountlake Terrace:

1. Provide a proper enclosure of a potentially dangerous dog in accordance with MTMC 6.10.160.

2. Provide a muzzle and proper restraint when the animal is outside the proper enclosure.

3. Provide proper posting of the property advising of a potentially dangerous animal.

4. Provide and have proof of a surety bond/liability insurance in the minimum sum of $50,000.

5. Obtain a valid certificate of registration, which shall be on file with the City.

B. Dangerous Dog – Requirements. If a final determination has been issued declaring a dog to be a dangerous dog under the provisions of this chapter, then strict compliance with each of the following requirements is necessary to keep a dangerous dog in the City of Mountlake Terrace:

1. Provide a proper enclosure of a dangerous dog in accordance with MTMC 6.10.160.

2. Provide a muzzle and proper restraint when the animal is outside the proper enclosure for a dangerous dog.

3. Provide proper posting of the property advising of a dangerous animal.

4. Provide and have proof of a surety bond/liability insurance in the minimum sum of $250,000.

5. Obtain a valid certificate of registration, which shall be on file with the City.

C. Penalty. Any person failing to comply with any dangerous dog or potentially dangerous dog requirements shall be guilty of a gross misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $5,000 or by 365 days in jail, or both such fine and jail. A dangerous or potentially dangerous dog seized and removed because of a violation of this section and/or subject to immediate impound pursuant to MTMC 6.30.240(C) shall not be released during investigation of or prosecution for failure to comply with dangerous dog or potentially dangerous dog requirements. Any person convicted of failing to comply with the requirements of this section shall make restitution to the City of Mountlake Terrace for all costs, if any, incurred in the boarding and disposition of such dog, and shall forfeit any interest in such animal, and the animal may, by order of the court, be destroyed in an expeditious and humane manner. (Ord. 2547 § 2, 2010).

6.30.240 Impoundment.

A. The animal control authority and its authorized representatives are authorized to apprehend and impound any animals found doing any of the acts defined as a public nuisance, or in violation of this chapter or Chapter 6.20 MTMC, or when an animal requires protective custody and care for mistreatment or neglect of its lawful owner or when otherwise ordered impounded by a court. The animal shall be impounded and held for a minimum of 72 hours.

If an animal code authority or animal control officer has probable cause to believe that an owner of a domestic animal has committed animal cruelty, the officer may authorize, with a warrant, the seizure and removal of the animal to a suitable place for the feeding and care. An animal may be seized and removed without a warrant only if the animal is in an immediate life-threatening condition.

Upon conviction for animal cruelty, the defendant shall make restitution to the City of Mountlake Terrace for all veterinary and kennel expenses and other related costs incurred by the City.

Any animal seized and removed from an owner pursuant to this section shall not thereafter be released to the owner during investigation of or prosecution for animal cruelty. Upon conviction for animal cruelty, the owner shall forfeit any interest in the seized and removed animal.

B. Persons other than authorized animal control officers and their representatives who take into their possession any stray animal, not owned by them or not placed into their possession by the person having the lawful custody and control thereof, shall be required to notify the animal control authority or police within 24 hours, and to release such animal to said City officer or deliver such animal to a shelter designated at the City’s animal shelter.

C. Immediate Impoundment – Dangerous or Potentially Dangerous Dog – Conditions Warranting.

1. The animal control authority may immediately seize, remove, and impound any dangerous or potentially dangerous dog, or take any other action authorized by law to restrain or protect an animal or person, if the animal control authority has probable cause to believe that:

a. The dog is not validly registered under this chapter; or

b. The owner or keeper does not secure or maintain the liability insurance coverage required under this chapter; or

c. The dog is not maintained in a proper enclosure; or

d. The owner or keeper does not properly post their property warning of a dangerous or potentially dangerous dog on the premises; or

e. The dog is outside of the dwelling of the owner or keeper, or outside the proper enclosure, and not muzzled or under the proper physical restraint by the responsible person; or

f. The dog is otherwise in violation of the registration or licensing provisions of this chapter.

2. Such dangerous or potentially dangerous dog so seized, removed and impounded shall not be released until after final disposition of the charge(s) against the dog’s owner and by order of the court.

3. Upon the charge(s) of violating MTMC 6.30.230(C) being filed against the dog’s owner, and upon a finding of probable cause by the court for the seizure, removal and impoundment of the dog, the owner must post the bond for security with the City within five days of such probable cause finding in an amount sufficient to provide for the dog’s care for a minimum of 60 days from the seizure date. Said amount shall be specified in the notice of impoundment. Failure to post such bond or security within the time specified shall be considered authorization for the animal control authority to dispose of the animal in an expeditious and humane manner. (Ord. 2596 § 3, 2012; Ord. 2547 § 2, 2010).

6.30.250 Impound procedures.

A. Notice of Impounding. When any licensed animal is impounded, the officer or department impounding such animal shall notify the owner of the impoundment and the reason therefor by mail, telephone or by leaving written notice at the address contained in the license application. It shall be the owner’s responsibility to take such measures for redeeming such animal. Neither the City nor any officer or agent of the City shall be legally or financially responsible for failing to notify an animal owner under this chapter.

B. Redemption of Animals by Owner. Unless otherwise provided in this chapter, the owner of an impounded animal may claim the same at any time prior to the release for adoption or disposal by the City and shall be entitled to the possession thereof upon payment of all legal charges and expenses incidental to such taking up and keeping of said animal.

C. Adoption of Impounded Animals. At the expiration of 72 hours as provided in MTMC 6.30.240(A), the animal control authority shall release ownership of the animal to the City’s designated animal shelter for adoption.

D. Disposition. Any animal not redeemed or adopted may be destroyed or otherwise disposed of by the animal control authority. The animal control authority is authorized to enter into contracts for disposal with appropriate agencies, not including vivisectionists.

E. Disposal of Certain Animals. It is lawful for any police officer or animal control officer to kill any dangerous or vicious dog or other animal found at large which cannot, in their judgment, be safely taken up and impounded.

F. Impounding Sick or Injured Animals. When in the judgment of a licensed veterinarian or the animal control authority an animal should be destroyed for humane reasons, such animal may not be redeemed. The animal control authority or its agents shall not be held liable for the destruction of said animal.

G. Hindrance to Impounding. No person shall willfully:

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

2. Remove the animal from the designated shelter without the authority of the Chief of Police, the animal control authority or the officer in charge of the designated shelter;

3. Remove the animal from the designated shelter without paying all lawful charges against the animal; or

4. Resist or obstruct the animal control authority or its officer in the performance of its duties. (Ord. 2547 § 2, 2010).