Chapter 6.40
ENFORCEMENT, PENALTIES, AND APPEALS
Sections:
6.40.040 Additional enforcement – Cruelty to animals.
6.40.050 Vicious animals – Corrective action.
6.40.070 Appeals – Licensing denial, revocation or suspension.
6.40.080 Appeals – Notice of violations.
6.40.010 Enforcement power.
A. The director of the animal care and control authority and the animal care and control officers are authorized to take such lawful action as may be required to enforce this title as they pertain to the keeping of animals, and the laws of the state of Washington as the laws pertain to animal cruelty, shelter, welfare and enforcement of control.
B. The director of the animal care and control authority or animal care and control officers shall not enter a building designated for and used for private purposes unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this title.
C. The director of the animal care and control authority and animal care and control officers, while pursuing or observing any animal in violation of this title, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or observed.
D. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct the director of the animal care and control authority or an animal care and control officer from pursuing any animal observed to be in violation of this title. Further, no person shall fail or neglect, after a proper warrant has been presented, to promptly permit the director of the animal care and control authority or an animal care and control officer to enter private property to perform any duty imposed by this title. Any person violating this subsection is guilty of a misdemeanor.
E. Notwithstanding the existence or use of any other remedy, the director of the animal care and control authority may seek legal or equitable relief to enjoin acts or practices and abate any conditions that constitute a violation of this title or other regulations adopted under this title.
F. The animal care and control authority is authorized to make and enforce rules and regulations, not inconsistent with the provisions of this title, and it is unlawful to violate or fail to comply with any of such rules and regulations. [Ord. 595 § 2 (Att. A), 2011]
6.40.020 Impoundment.
A. The director of the animal care and control authority and the director’s authorized representatives may apprehend any animals found doing any of the acts defined as a public nuisance or being subjected to cruel treatment as defined by law. After the animal is apprehended, the animal care and control authority shall ascertain whether they are licensed or otherwise identifiable. If reasonably possible, the animal care and control authority shall return the animal to the owner together with a notice of violation of this title.
B. If it is not reasonably possible to immediately return a currently licensed animal to its owner, the animal care and control authority shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. Animals shall be impounded at the animal care and control authority’s animal shelter or an animal shelter that the animal care and control authority contracts with.
C. Any animal impounded pursuant to the provisions of this title may be redeemed in accordance with the animal shelter’s rules and regulations. [Ord. 595 § 2 (Att. A), 2011]
6.40.030 Notice and order.
A. Whenever the director of the animal care and control authority or animal care and control officers have found an animal maintained in violation of this title, the director of the animal care and control authority shall commence proceedings to cause the abatement of each violation.
B. Whenever the director of the animal care and control authority or animal care and control officers has reason to believe that a violation of this title exists or has occurred, the director is authorized to issue a notice of violation and an order directed to the owner or the person presumed to be the owner of the animal maintained in violation of this title. The notice and order shall contain:
1. The name and address if known of the owner or person presumed to be the owner of the animal in violation of this title;
2. The license number, if available, and description of the animal in violation sufficient for identification;
3. A statement to the effect that the director of the animal care and control authority or animal care and control officers have found the animal maintained illegally with a brief and concise description of the conditions which caused the animal to be in violation of this title, including reference to the specific sections of code or statute violated and, where relevant, reference to the specific sections of code or statute authorizing removal of the animal;
4. A statement of the action required to be taken to abate the violation, as determined by the director of the animal care and control authority.
a. If the director or officer determined the animal in violation must be disposed with, the order shall require that the abatement be completed within a specified time from the order as determined by the director to be reasonable;
b. If the director of the animal care and control authority determined to assess a civil penalty, the order shall require that the penalty shall be paid within 14 days from the order;
5. Statements advising that if any required abatement is not commenced within the time specified, the director of the animal care and control authority shall proceed to cause abatement and charge the costs thereof against the owner;
6. Statements advising:
a. That a person having a legal interest in the animal may appeal from the notice of violation and order, but only if the appeal is made in writing and filed with the director of the animal care and control authority within 14 days from the service of the notice of violation and order; and
b. That failure to appeal constitutes a waiver of all right to an administrative hearing and determination of the matter.
C. The notice and order shall be served on the owner or presumed owner of the animal in violation.
D. Service of the notice of violation and order shall be made upon all persons entitled thereto:
1. Personally;
2. By mailing a copy of the notice of violation and order by certified mail, postage prepaid, return receipt requested, to the person at the person’s last known address; or
3. By posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal if the owner or person is not home.
E. Proof of service of the notice of violation 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. [Ord. 595 § 2 (Att. A), 2011]
6.40.040 Additional enforcement – Cruelty to animals.
A. The director of the animal care and control authority may prohibit a person who is issued a notice and order for violation of SMC 6.30.020 or who is either charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207 from owning, harboring, keeping or maintaining any animal if the director determines that the enforcement furthers the purposes of this title, in accordance with the following: a person may be prohibited from owning, harboring, keeping or maintaining any animal:
1. For up to four years, if the person is found in violation of the animal cruelty provisions of SMC 6.30.020 or convicted of a misdemeanor under RCW 16.52.207;
2. Indefinitely, if the person is convicted of a felony under RCW 16.52.205; or
3. Pending the final adjudication of either a notice and order issued under SMC 6.30.020 or a charge under RCW 16.52.205 or 16.52.207.
B. The director of the animal care and control authority or authorized animal care and control officer may enforce this section through the notice and order process as described in SMC 6.40.030. A notice and order issued to enforce this section is subject to appeal, in accordance with SMC 6.40.080. [Ord. 595 § 2 (Att. A), 2011]
6.40.050 Vicious animals – Corrective action.
A. An animal, declared by the director of the animal care and control authority to be vicious, may be harbored, kept or maintained in the city of Shoreline only upon compliance with those requirements prescribed by the director. In prescribing the requirements, the director of the animal care and control authority must take into consideration the following factors:
1. The breed of the animal and its characteristics;
2. The physical size of the animal;
3. The number of animals in the owner’s home;
4. The zoning involved; size of the lot where the animal resides and the number and proximity of neighbors;
5. The existing control factors, including, but not limited to, fencing, caging, runs and staking locations; and
6. The nature of the behavior giving rise to the director’s determination that the animal is vicious, including:
a. Extent of injury or injuries;
b. Circumstance, such as time of day, if it was on or off the property and provocation instinct; and
c. Circumstances surrounding the result and complaint, such as neighborhood disputes, identification, credibility of complainants and witnesses.
B. Requirements that may be prescribed include, but are not limited to, the following:
1. Erection of additional or new fencing adequate to keep the animal within the confines of its property;
2. Construction of a run within which the animal is to be kept. Dimensions of the run shall be consistent with the size of the animal;
3. Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the director of the animal care and control authority. When unattended the leash must be securely fastened to a secure object;
4. Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least 15 years old; and
5. Removal of the animal from the city within 48 hours from receipt of such a notice.
C. Failure to comply with any requirement prescribed by the director of the animal care and control authority in accordance with this section constitutes a misdemeanor. Such an animal shall not be kept in the city of Shoreline after 48 hours after receiving written notice from the director. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal and the owner or keeper of the animal or animals has no right to redeem the animal or animals.
D. Any animal constituting a public nuisance as provided in this title shall be abated and removed from the city of Shoreline by the owner or by the animal care and control authority, upon the receipt of three notices and orders of violation by the owner in any one-year period, though this removal procedure shall not apply to the vicious animal removal procedure set out in this section. Where it is established by record in accordance with this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the animal care and control authority shall notify and direct the owner of the animal to abate or remove the same from the city within 96 hours from the notice. If the animal is found to be within the confines of the city of Shoreline after 96 hours have elapsed from the notice, the same shall be abated and removed by the animal care and control authority. Animals removed in accordance with this section shall be removed from the city of Shoreline or be subjected to euthanasia by the animal care and control authority.
E. Any animal that bites, attacks or attempts to bite one or more persons two or more times within a two-year period is declared to be a public nuisance and shall not be kept within the city of Shoreline 48 hours after receiving written notice from the animal care and control authority. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal, and the owner or keeper of the animal or animals has no right to redeem the animal. [Ord. 595 § 2 (Att. A), 2011]
6.40.060 Penalties.
A. Civil Penalty. Violations of this title shall incur the civil penalties set forth below, in addition to or as an alternative to any other penalty provided in this chapter. The civil penalty and the cost of abatement are also personal obligations of the animal owner.
1. Vicious Animal or Animal Cruelty Violations.
a. First violation: $500.00;
b. Subsequent violations within one year: $1,000 each.
2. Dog Leash Law Violations.
a. First violation: $25.00;
b. Additional violations within one year: $50.00 each.
3. Animal Waste Violations.
a. First violation: $25.00;
b. Additional violations within one year: $50.00 each.
4. Animal abandonment: $500.00.
5. Unlicensed Cat or Dog.
a. Altered cat or dog: $125.00;
b. Unaltered cat or dog: $250.00.
6. All Other Violations.
a. First violation: $50.00;
b. Second violation within one year: $100.00;
c. Each subsequent violation within one year is double the rate of the previous penalty up to a maximum of $1,000.
B. Misdemeanor.
1. Generally. Any person who allows an animal to be maintained in violation of this title is guilty of a misdemeanor punishable by fine of not more than $250.00 and/or imprisonment for a term not to exceed 90 days.
2. Violations of SMC 6.30.070, Disposition of Fowl and Rabbit. Any person, firm or corporation violating SMC 6.30.070 is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $300.00 and/or by imprisonment for a period not to exceed 30 days.
C. Costs of Enforcement Action. In addition to costs and disbursements provided for by statute, the prevailing party in a collection action under this chapter may, in the court’s discretion, be allowed interest and a reasonable attorney’s fee. [Ord. 595 § 2 (Att. A), 2011]
6.40.070 Appeals – Licensing denial, revocation or suspension.
Any person who has been denied licensing or has had their license revoked or suspended by the animal care and control authority may appeal under this section by filing an appeal consistent with the process outlined on the licensing denial, revocation or suspension notice. [Ord. 595 § 2 (Att. A), 2011]
6.40.080 Appeals – Notice of violations.
Appeals of notice of violations must be made consistent with the process outlined on the notice of violation. [Ord. 595 § 2 (Att. A), 2011]