Chapter 8.02
ANIMAL CONTROL AND LICENSING

Sections:

8.02.010    Title.

8.02.020    Definitions.

8.02.030    Purpose.

8.02.035    Exotic, wild or inherently dangerous animal prohibited.

8.02.040    Livestock not to run at large.

8.02.050    Required area for livestock.

8.02.060    Livestock – Impounding authorized.

8.02.070    Notice of impoundment.

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

8.02.090    Hitching of horses prohibited in business districts.

8.02.100    Driving or riding animals so as to endanger person or property.

8.02.105    Number of dogs permitted.

8.02.110    Dogs – License required.

8.02.120    Dogs – Issuance of licenses and tags – Transferability – Attaching tag.

8.02.130    License fees.

8.02.140    Proof of rabies inoculation.

8.02.150    Dogs – Term of renewal of licenses.

8.02.160    Dog license exemptions.

8.02.170    Dogs and cats – Impoundment – Redemption.

8.02.180    Destruction and sale of animals.

8.02.190    Stray animals.

8.02.200    Confinement, quarantine and redemption of biting dogs – Responsibilities of owners – Penalties – Duty of medical providers.

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

8.02.230    Noisy dogs and cats prohibited.

8.02.240    Chasing and intimidating dogs prohibited.

8.02.250    Commission for officers enforcing.

8.02.260    Animal control officer appointed.

8.02.270    Animal control shelter.

8.02.280    Duties of animal control officer.

8.02.290    Obstructing process of impoundment – Penalty.

8.02.300    Entering private property to take possession of animal.

8.02.310    Leash required.

8.02.320    Restraint or enclosure.

8.02.330    Disposal of diseased animal carcass.

8.02.340    Pigeons – Exception.

8.02.350    Location of building – Enclosures must be clean.

8.02.355    Poultry and rabbits.

8.02.360    Pigsty.

8.02.370    Swine – Garbage feeding.

8.02.380    Rat- and mice-free premises.

8.02.390    Cruelty to animals.

8.02.400    Dangerous dogs.

8.02.410    Declaration of potentially dangerous and dangerous dogs – Procedure.

8.02.420    Duties of keeping of a potentially dangerous dog or dangerous dog.

8.02.430    Dangerous dogs – Confiscation – Penalties for owner of dogs that attack – Dog fights, penalty.

8.02.440    Licensing – Animal shelters, kennels, catteries, hobby kennels, hobby catteries, pet shops, grooming services – General requirements.

8.02.450    Kennel permit required.

8.02.460    Commercial kennels and pet shops.

8.02.470    Hobby kennel – Conditions.

8.02.480    Grooming parlors – Conditions.

8.02.490    Penalties.

8.02.500    Repealed.

8.02.510    Notice of abatement – Petition.

8.02.520    Third party liability.

8.02.530    Severability.

8.02.540    Savings.

8.02.010 Title.

The ordinance codified in this chapter may be cited as “the animal control and licensing ordinance.” (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.020 Definitions.

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” shall have its customary common meaning and shall include any member of the classes: reptile, amphibian, bird or mammal, except human. The term shall not include wild animals which, because of size, temperament, habits or any combination of the same, are not compatible with the city’s character. The keeping of such wild animals is prohibited.

(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 Stanwood.

(5) “Biting dogs” means any dog known to have bitten or scratched any person or persons or other animal or animals.

(6) “Chasing and intimidating dogs” means 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.

(7) Dangerous Dog Defined and Severe Injury Incorporated by Reference – Affirmative Defense. RCW 16.08.070(2) and (3) are adopted and incorporated by reference.

(a) RCW 16.08.070(2):

“Dangerous dog” means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner’s property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.

(b) RCW 16.08.070(3):

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

(c) Affirmative Defense. Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime (RCW 16.08.090).

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

(9) “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. Including those animals referenced in and incorporated by reference in Chapter 16.30 RCW and Chapter 232-12 WAC.

(10) “Livestock” means domestic or farm animals including but not limited to horses, cattle, sheep, donkeys, emus, ostriches, buffaloes, llamas, goats, and swine.

(11) “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 them.

(12) “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 unreproductive.

(13) “Noisy dogs and cats” means any dog or cat that is allowed to unreasonably disturb persons by habitually barking, howling, yelping, whining, or making other oral noises.

(14) “Potentially dangerous dog” means any dog that when unprovoked: (a) inflicts a bite or bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of humans or domestic animals.

(15) “Poultry” means chickens, turkeys, geese, ducks, pigeons, peahens, or other domestic fowl.

(16) “Right to farm,” as it relates to existing and ongoing agricultural acts, is those activities involved in the production of crops and livestock (Chapter 8.04 SMC, Right to Farm, and Chapter 17.102 SMC).

(17) “Stray animals” means any animal declared to be found running at large, is not licensed, has no identification tag, and has no apparent home where it is cared for on a regular basis.

(18) “Trespassing dogs and cats” means to trespass on private or public property without the permission or consent of the property owner.

(19) “Animal control officer” means any individual employed, contracted with or appointed by the city of Stanwood for the purpose of aiding in the enforcement of this chapter or any other law or ordinance in the city of Stanwood relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include the seizure and impoundment of any animal. This term shall have the same meaning as in RCW 16.08.070.

(20) “Abatement” means the termination of any violation of this title by lawful and reasonable means as determined by the authorized city of Stanwood animal control officer in order that a person or persons presumed to be the owner of an animal comply with this title.

(21) “Abandon” means the act of leaving an animal without food, water or necessary medical care for 24 hours or more; or any situation where the conditions present an immediate, direct and serious threat to the life, safety or health of the animal.

(22) “Allow” means to permit by neglecting or failing to restrain or prevent.

(23) “Proper enclosure” of a dangerous dog means, while on the owner’s property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of persons other than the owner and designed to prevent the animal from escaping. Such pen or structure shall have a locking door with a padlock or secure lock, secure sides, a concrete floor, and a secure top, and shall also provide protection from the elements for the dog and comply with all applicable provisions of the city of Stanwood building and zoning code.

(24) “Hearing officer/examiner” means the individual that will hear appeals of the orders issued by the animal control authority during the performance of enforcing the city of Stanwood animal control code.

(25) Dangerous/Potentially Dangerous Dog Signs. The premises where the dangerous dog or potentially dangerous dog is located must be posted with a clearly visible warning sign/symbol that informs children as well as adults of the presence of a dangerous dog or potentially dangerous dog. (Ord. 1389 § 2, 2015; Ord. 1340 § 2, 2013; Ord. 1298 § 1, 2011; Ord. 1033, 1998).

8.02.030 Purpose.

It is hereby declared that the public policy of the city of Stanwood is 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, impounding animals, and controlling animal behavior to prevent injury to property or curtail cruelty to animals. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.035 Exotic, wild or inherently dangerous animal prohibited.

(1) No person shall possess, breed, import, export, barter, buy, sell, or attempt to buy or sell any exotic animals or wild or dangerous wild animal as defined by this chapter or by Chapter 232-12 WAC or Chapter 16.30 RCW in violation of this chapter, state or federal law.

(2) Legally allowed exotic animals must be housed in accordance to species/breed-specific living standards and pursuant to state law. (Ord. 1389 § 2, 2015).

8.02.040 Livestock not to run at large.

No livestock or poultry 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. 1389 § 2, 2015; Ord. 1340 § 3, 2013; Ord. 1033, 1998).

8.02.050 Required area for livestock.

A livestock enclosure shall encompass at least one-half acre or 21,280 square feet per animal defined as livestock unless the site qualifies as a small farm and an existing and ongoing agricultural activity as defined under Chapters 8.04 and 17.102 SMC, right to farm. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.060 Livestock – Impounding authorized.

Any animal found in violation of SMC 8.02.040 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. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.070 Notice of impoundment.

The animal control officer or police officer impounding any animal pursuant to SMC 8.02.060 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 not be 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. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.080 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 SMC 8.02.060 claims the same, the owner shall be entitled to possession thereof by paying to the city the appropriate fees as stated in Chapter 3.30 SMC, Fee Schedule, or fee resolution for:

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

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

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

(2) At the time named in said notice, if such animal or animals not be prior thereto claimed and redeemed, the animal control officer 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/she or they shall be entitled to receive the net proceeds of 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. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.090 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, commercial or industrial zone within the city limits, except for special events approved by the city. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.100 Driving or riding animals so as to endanger person 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. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.105 Number of dogs permitted.

No person shall keep more than four adult dogs on any premises in the city except as provided for in the regulations in SMC 8.02.440 through 8.02.480 or other applicable law or code. (Ord. 1389 § 2, 2015).

8.02.110 Dogs – License required.

It shall be a violation of this chapter for any person, firm or corporation to own, possess, harbor or otherwise be the custodian of any dog over the age of six months within the city of Stanwood unless the person, firm or corporation has first procured a license therefor as provided in this chapter. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.120 Dogs – Issuance of licenses and tags – Transferability – Attaching tag.

It shall be the duty of the city clerk-treasurer or his/her appointee to issue licenses to persons applying therefor, upon payment of the license fee. 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 licensed. Animal tags shall not be transferable from one animal to another. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.130 License fees.

Chapter 3.30 SMC, Fee Schedule, or fee resolution, specifically addresses dog licenses. Documentation from a veterinarian or other sufficient medical proof must be provided when licensing a neutered or spayed dog. The city council may revise any or all license fees by resolution. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.140 Proof of rabies inoculation.

No license hereunder shall be granted unless the applicant shall have presented to the city or its appointee a certificate from a licensed veterinarian that the animal has been inoculated against rabies within the year preceding application for license. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.150 Dogs – Term of renewal of licenses.

All licenses required under this chapter shall expire on December 31st of each year. Annual license fees shall be due and payable within 30 days after acquisition of a dog and within 45 days after January 1st of each year. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.160 Dog license exemptions.

The licensing provisions of this section shall not apply to dogs in the custody of a veterinarian, or animal shelter or animal rescuer, or whose owners are nonresidents temporarily within the city for a period not exceeding 30 days. Also, when a blind person, physically disabled person 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. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.170 Dogs and cats – Impoundment – Redemption.

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

(a) Those dogs which are not licensed as defined in SMC 8.02.020(17) or 8.02.110;

(b) Those dogs which do not exhibit the identification tag as required in SMC 8.02.120;

(c) Stray animals as defined in SMC 8.02.020(17) or 8.02.190;

(d) Biting dogs as defined in SMC 8.02.020(5) or 8.02.200;

(e) Dangerous dogs as defined in SMC 8.02.020(7);

(f) Noisy dogs and cats as defined in SMC 8.02.020(13) or 8.02.230;

(g) Trespassing dogs and cats as defined in SMC 8.02.020(18) or 8.02.210;

(h) Dogs running in packs;

(i) Chasing or intimidating dogs as defined in SMC 8.02.020(6) or 8.02.240;

(j) Dogs running at large as defined in SMC 8.02.020(3).

(2) The animal control officer shall use his or her best efforts to notify the owner of the animal impounded pursuant to this section.

(3) If an animal is sold pursuant to this chapter, the net proceeds from the sale shall offset the accrued transportation/impoundment fees and for room and board. The net proceeds of the sale shall not offset any delinquent court fines.

(4) The owner of any animal confiscated or impounded under this chapter shall pay the city of Stanwood assessed penalties and all fees and costs associated with apprehension, transportation, impoundment, care, boarding, and any veterinary care incurred, including euthanasia and disposal if applicable, as a result of the confiscation or impoundment, whether or not the animal is redeemed. Relinquishment of the animal by its owner does not constitute a waiver of fees or costs incurred under this section or fines otherwise imposed. The city of Stanwood may collect the penalties, fees and expenses by use of appropriate legal remedies.

(5) Residents of the city of Stanwood may for a fee equal to the costs associated with the current agreement deliver and relinquish ownership of unwanted dogs or cats owned by them to any animal shelter, providing that service pursuant to a contract with the city exists.

(a) The fee shall be paid directly to the animal shelter by the person relinquishing the animal at the time of release.

(b) All fees become the property of the city of Stanwood and shall be transmitted to the city of Stanwood in the same manner as other fees are collected and remitted according to the process specified in the current shelter services contract. (Ord. 1389 § 2, 2015; Ord. 1298 § 2, 2011; Ord. 1033, 1998).

8.02.180 Destruction and sale of animals.

(1) The animal control officer or other properly certified 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:

(a) 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;

(b) Ten working days after an animal has been impounded pursuant to this chapter.

(2) The animal control officer or other properly certified person as defined in SMC 8.02.280 shall have the authority to sell such animal(s) with the net proceeds of such sale so paid into the city treasury, after deducting legal charges, administrative costs and expenses. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.190 Stray animals.

Any animal is subject to impoundment if it is found to be a “stray animal” as defined in SMC 8.02.020(17). (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.200 Confinement, quarantine and redemption of biting dogs – Responsibilities of owners – Penalties – Duty of medical providers.

(1) It is unlawful for the owner or owners or custodian of a “biting dog(s)” as defined in SMC 8.02.020(5) to harbor or keep such dog without permitting an examination or inspection of such dog after due demand therefor by the chief of police or his designee (animal control authority). The owner of a dog alleged to have bitten a person must produce valid certification of a current rabies vaccination or the dog must be quarantined by either securing the dog on the owner’s premises with the approval and supervision of the animal control authority and not allowing the dog to be at large or to come into contact with any person or animal for 10 days or placing the dog in a veterinary hospital or approved shelter for at least 10 days beginning when notification is received. The dog may not be transported outside the city limits without the written permission of the police department/animal control authority.

(2) Quarantine – Location. The place of quarantine shall be established by the chief of police, or the chief’s designee (the animal control authority) may, in its discretion, allow the owner and/or keeper of the animal to maintain the quarantine. No animal under confinement shall be released from confinement without approval of the police department. If the owner and/or keeper is unable or unwilling to confine the animal, or if the chief police, or the animal control authority, determines from the prior history of the animal that confinement is not likely, the animal may be quarantined by the animal control authority, or at a veterinarian and/or boarding kennel of the owner’s choice; provided, that the costs to board the animal shall be borne by the owner if in a location other than the owner’s residence.

(3) Boarding or kennel fees, if any, for the quarantine period shall be paid by the animal’s owner and the release of the animal shall be conditioned upon payment of the fees.

(4) Produce for Examination. It is unlawful for the owner or custodian of any animal that has been reported as having bitten a person to refuse to produce such animal for examination and quarantine upon demand of the police department or animal control authority.

(5) Penalty. If the owner or custodian of any such animal refuses to produce the animal, he or she shall be subject to immediate arrest by a police officer if probable cause exists to believe that the animal has bitten a person and the owner or custodian willfully refuses to produce the animal on demand. Any person who willfully fails or refuses to produce an animal that has bitten a human being, or who destroys an animal that has bitten a human being, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of up to 90 days in jail and/or $1,000 or both plus costs.

(6) Quarantine – Illness. Should the animal during the observation period manifest any unusual behavior or develop symptoms of illness or die, the owner or veterinarian shall immediately notify the police department of that condition. The police department shall take immediate action to obtain a pathological and inoculation examination of the animal. If the animal is found to be rabid, the police department shall notify the county public health officer of any reports of human contact with the animal. Any animal that has not been inoculated against rabies and is known to have been bitten by a rabid animal shall immediately be humanely destroyed.

(7) Any dog 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.

(8) It shall be the duty of every medical doctor, hospital, or other applicable health official to report all animal bites that break the skin, regardless of provocation factors or previous inoculations record of the animal. Such report shall be made to the police department, as promptly as possible, so that quarantine procedures can be instituted in a timely fashion. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

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

(1) It is unlawful to permit any dog or cat to trespass as defined in SMC 8.02.020(18) on private or public property or befoul any property.

(2) It is unlawful 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 unlawful for a person to fail to have in his or possession the equipment necessary to remove fecal matter deposited by an animal when on public property or a public right-of-way. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.230 Noisy dogs and cats prohibited.

It is unlawful to allow a dog or cat to unreasonably disturb persons with loud and continuous noises as defined in SMC 8.02.020(13). (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.240 Chasing and intimidating dogs prohibited.

It is unlawful for any person, firm or corporation which owns, possesses, harbors, or has control or charge of chasing and/or intimidating dog(s) as defined in SMC 8.02.020(6) to allow the same to run at large and not under restraint. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.250 Commission for officers enforcing.

Appointees of the city of Stanwood charged with the duty of controlling animals shall have limited law enforcement commission to enforce provisions of this chapter. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.260 Animal control officer appointed.

“Animal control officer” means any individual employed, contracted with or appointed by the city of Stanwood for the purpose of aiding in the enforcement of this chapter or any other law or ordinance in the city of Stanwood relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include the seizure and impoundment of any animal. This term shall have the same meaning as in RCW 16.08.070. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.270 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 any animal or the livestock referred to in this chapter. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.280 Duties of animal control officer.

The animal control officer or other persons contracted with or appointed by the city of Stanwood are in charge of properly caring for all animals that may be delivered into animal control custody until the same shall be released or sold or delivered as provided by this chapter and to aid in the enforcement of this chapter or any other law or ordinance in the city of Stanwood relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include the seizure and impoundment of any animal.

This section shall not be deemed to prohibit the city from contracting for any of the services necessitated by this chapter. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.290 Obstructing process of impoundment – Penalty.

It is a misdemeanor (upon conviction thereof, shall be punished by a fine of up to 90 days in jail and/or $1,000 or both plus costs) 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. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.300 Entering private property to take possession of animal.

Law enforcement officers or any person authorized by the chief of the Stanwood police department may enter private property:

(1) For any reason provided for in this chapter;

(2) With consent of the owner or any adult occupant of any premises, an officer may enter and inspect the premises where an animal lives to determine compliance with the provisions of this chapter;

(3) An animal control authority may use reasonable force to forcibly enter the private property or vehicle of another in the absence of the owner or occupant when, in the officer’s judgment, an animal on such premises needs emergency assistance to prevent an animal’s death or serious injury;

(4) An animal control authority may enter the private property of another to enforce this chapter with a search warrant or when authorized by law;

(5) An animal control authority is authorized to remove and impound any animal left in a motor vehicle at any location when the officer reasonably believes the animal is confined in conditions that endanger its health or safety. Notice of the impounding and disposition of the animal will be left in plain view with the vehicle;

(6) An animal control authority in hot pursuit may enter the private property of another, with or without a warrant, to take possession of an animal observed to be at large;

(7) A police officer in pursuit of a dog known to be a dangerous or potentially dangerous dog or reasonably suspected of being dangerous to persons other than wrongful trespassers upon his or her owner’s premises may enter the premises of the owner and demand possession of such animal and if, after request therefor, the owner or keeper of the dog shall refuse to deliver the dog to the officer and the officer cannot with reasonable safety catch the animal, he or she may then obtain a search warrant authorizing the seizure and impoundment of the dog; except as set forth herein, the officer shall not enter the residence of the owner without permission or a warrant. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.310 Leash required.

It is unlawful for the owner or custodian of any dog to cause, permit or allow such dog to roam, run, stray, or to be away from the premises of such owner or custodian and to be on any public place, or on any public property, or the private property of another in the city of Stanwood, unless such dog, while away from such premises, is controlled by a leash or lead, such control to be exercised by such owner or custodian or other competent and authorized person. Any dog found roaming, running, straying or being away from such premises and not on a leash as provided in this section may be impounded subject to redemption in the manner provided by this chapter. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.320 Restraint or enclosure.

All persons owning or having control or possession of any exotic animal, livestock or poultry within the city of Stanwood shall keep the same safely and appropriately enclosed at all times on the premises owned and occupied by such persons. Sufficient roaming area shall be provided. The entire square footage of roaming area shall be fenced. Fences must be of such a size and type to prevent encroachment on adjacent property. Encroachment shall be defined as reaching over, under or through, as well as trespassing or intruding upon, the property of another. (Ord. 1389 § 2, 2015; Ord. 1340 § 4, 2013; Ord. 1033, 1998).

8.02.330 Disposal of diseased animal carcass.

Every person owning or having in charge any animal that has died or been killed due to disease shall immediately notify a veterinarian and dispose of the carcass per veterinarian instructions, supplying the chief of police, animal control officer or his/her designee with written document. No person shall sell, offer to sell or give away the carcass of any animal, which died or was killed on account of disease, except the city has the authority to seize the carcass for public health and safety purposes. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.340 Pigeons – Exception.

The provisions of this chapter 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. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.350 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) Accessory buildings used for housing poultry or rabbits shall be provided and shall be a minimum of four square feet per animal. A maximum of two accessory buildings for housing poultry or rabbits shall be permitted on a lot; provided, that each building shall be located a minimum distance of five feet from any property line and 20 feet from any neighboring residence or business. Such accessory buildings shall not be located in the required front yard.

(3) All houses, pens or enclosures where poultry or rabbits are kept shall be kept clean and free from disagreeable odors. No organic materials furnishing food for flies or rodents 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. 1389 § 2, 2015; Ord. 1340 § 5, 2013; Ord. 1033, 1998).

8.02.355 Poultry and rabbits.

(1) Poultry and rabbits are allowed as accessory to an existing residence. The number of poultry and rabbits allowed shall be limited to one poultry and/or rabbit per 1,000 square feet of lot area, with a maximum of 20 poultry and/or rabbits per occupied lot.

(2) No poultry shall be allowed to disturb persons with loud and continuous noises. At no time shall roosters or peacocks be allowed to be kept within the city limits. (Ord. 1389 § 2, 2015; Ord. 1340 § 6, 2013).

8.02.360 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. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.370 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. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.380 Rat- and mice-free premises.

All premises where any of the livestock or fowl mentioned in this chapter are kept shall be free from rats and rat and mice harborages. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.390 Cruelty to animals.

The following statutes regarding cruelty to animals are incorporated by reference:

RCW

46.61.660    Carrying Animal on Outside of Vehicle

16.52.011    Definitions

16.52.015    Enforcement Powers

16.52.080    Transporting or Confining Animals in an Unsafe Manner

16.52.085    Removal of Neglected Animals for Feeding and Restoration to Health – Examination – Notice – Return – Non-Liability

16.52.090    Docking Horses – Misdemeanor

16.52.095    Cutting Ears – Misdemeanor

16.52.100    Confinement Without Food and Water

16.52.110    Old or Diseased Animals at Large

16.52.117    Animal Fighting – Owner, Trainers, Spectators – Exceptions

16.52.180    Limitations on Application of Chapter

16.52.185    Exclusions from Chapter

16.52.190    Poisoning Animals

16.52.193    Poisoning Animals – Strychnine Sales

16.52.195    Poisoning Animals – Penalty

16.52.200    Sentences – Forfeiture of Animals – Liability for Costs – Civil Penalty

16.52.207    Animal cruelty in the second degree

16.52.210    Destruction of Animal by Law Enforcement Officer – Immunity from Liability

16.52.300    Dogs or Cats Used as Bait – Penalties

16.52.305    Unlawful use of hook – Gross misdemeanor

9.91.170    Interfering with dog guide or service animal.

(Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.400 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 – Penalties

(Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.410 Declaration of potentially dangerous and dangerous dogs – Procedure.

(1) The police department or the animal control authority shall have authority to declare, classify and restrict potentially dangerous dogs and dangerous dogs. The department may find and declare an animal potentially dangerous and dangerous if an animal control officer has probable cause to believe that the animal falls within the definition set forth in SMC 8.02.020(7) or (14) or in this chapter. 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 SMC 8.02.020(7) or (14); or

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

(c) Actions of the dog witnessed by any animal control officer or law enforcement officer; or

(d) Other substantial evidence.

(2) The declaration of potentially dangerous dog and dangerous dogs 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;

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

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

(e) The restrictions placed on the animal by RCW 16.08.080 or SMC; and

(f) The ability and process for appealing the declaration to the Stanwood hearing examiner and to Snohomish County district court.

(4) A notice of appeal to the hearing examiner, substantially in the form prescribed, shall be filed with the Stanwood chief of police (or chief’s designee) not more than five business days after service of the potentially dangerous dog or dangerous dog declaration. The chief shall forward the appeal request within five business days to the hearing examiner. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the declaration of potentially dangerous dog or dangerous dog.

(5) An appeal pursuant to this chapter shall be written and shall address the following requirements:

(a) The names and addresses of all persons who will be participating in the appeal, along with their legal interest in the dog involved in the proceeding.

(b) A brief statement of the specific action protested, together with any material facts related to this protest.

(c) A brief statement of the outcome sought and the reason why the protested action should be reversed, modified, or otherwise set aside.

(d) The appeal should be signed by the interested persons and include the following penalty of perjury statement by at least one of these persons:

I, _______________________, certify and declare under the penalty of perjury under the laws of the state of Washington the foregoing is true and correct.

(6) Upon receipt of a timely filed notice of appeal, a hearing shall be scheduled not more than 45 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 at least 10 days prior to the scheduled hearing date. The failure of the appellant to appear at the hearing shall result in a denial of the appeal and upholding of the declaration of potentially dangerous or dangerous dog.

(7) Nothing prevents the appellant(s) and the chief of police from reaching an amicable decision before or at the time of hearing.

(8) If the dog is determined to be potentially dangerous dog or dangerous dog, the owner must pay all costs and fees of confinement, impound and control. In addition, if the owner or keeper does not file a timely written request for hearing, the restrictions imposed in connection with the declaration shall remain in effect for the life of the animal, unless sooner lifted by animal control authority action or by a court of competent jurisdiction.

(9) Appeal to the Hearing Examiner.

(a) Declaration Probable Cause. Dogs shall be declared potentially dangerous or dangerous upon proof that the dog is as defined in SMC 8.02.020(7) or (14) – established by the probable cause standard required for the declaration of the animal control officer.

(b) Presentation of Evidence. At the appeal hearing, the hearing examiner shall take evidence relevant to the potentially dangerous dog declaration or dangerous dog declaration. Testimony will be taken under oath pursuant to the rules of evidence. Parties are responsible for subpoenaing any witnesses they deem necessary to testify.

(c) Burden of Proof and Standard of Review.

(i) At the appeal hearing before the hearing examiner, the animal control authority shall have the burden of proving that the dog is potentially dangerous or dangerous by a preponderance of the evidence.

(ii) At the hearing the burden shall be upon the owner of the dog to prove one or more of the affirmative defenses set forth in SMC 8.02.020(7) or the RCW by preponderance of the evidence.

(iii) The affirmative defenses set forth in SMC 8.02.020(7) shall not apply in actions to declare the dog to be potentially dangerous.

(10) Hearing Before the Hearing Examiner. The owner of the animal may present evidence in defense of the animal. The hearing examiner shall weigh the evidence presented by both the animal control authority and the owner (if applicable). At the conclusion of the hearing the hearing examiner shall issue a written order and may make any of the following determinations:

(a) The dog in question is declared to be a dangerous dog by a preponderance of the evidence;

(b) The dog in question is declared to be a potentially dangerous dog by a preponderance of the evidence;

(c) The dog in question is declared to be neither dangerous nor potentially dangerous.

(11) Decision of the Hearing Examiner. The decision of the hearing examiner shall be a final administrative decision appealable to the Snohomish County district court, Cascade division, within 30 days of the final written order.

(12) Notice of Administrative Appeal to Snohomish County District Court.

(a) If the declaration is sustained or reversed by the court, the appealing animal owner or the animal control authority shall be notified of the right to appeal to Snohomish County district court.

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

(c) Notice of the appeal and any other pleadings required shall be served and filed as prescribed by court rule and law.

(d) The costs of transcribing and preparing all records ordered certified by the hearing examiner or desired by the appellant shall be borne by the appellant. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.420 Duties of keeping of a potentially dangerous dog or dangerous dog.

(1) Duties for Keeping of a Dog under Investigation as a Potentially Dangerous Dog or Dog under Investigation as a Dangerous Dog.

(a) It shall be unlawful for the owner of a potentially dangerous dog or a dog under investigation as a potentially dangerous dog or under investigation as a dangerous dog:

(i) To allow the dog to remain on the premises of the owner unrestrained by a secure leash, a “proper enclosure” as defined in SMC 9.02.020(23), or other restraint or not under the control of the owner; or

(ii) The dog shall not be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

(b) The owner of a dog under investigation as a potentially dangerous or dangerous dog shall immediately notify the police department or animal control agency when the dog:

(i) Is loose or unconfined off the premises of the owner;

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

(iii) Is sold, given away, moved to another address, or dies. If such dog is sold, given away, or moved to another location, the owner shall provide the new address and telephone number of the dog’s residence and the name of the new owner if applicable. All requirements of this chapter must be met prior to moving the dog. If the dog dies, the owner shall supply to the animal control agency within 30 days of death a veterinarian certificate of death or other proof that the dog has died;

(iv) Having been declared potentially dangerous or dangerous dog or is under investigation as a potentially dangerous dog, by an animal control agency in another jurisdiction and the dog now resides in the city of Stanwood.

(c) Any dog under investigation to be a potentially dangerous dog or dangerous dog shall be required to be microchipped by a veterinarian of the owner’s choice, at the owner’s expense. This must be accomplished within 15 days after receipt of the potentially dangerous dog or dangerous dog declaration issued by the animal control authority.

(d) Failure to comply is prohibited and may, in addition to other enforcement, result in the dog being immediately impounded.

(2) Duties for Keeping of a Potentially Dangerous Dog.

(a) It shall be unlawful for the owner of a potentially dangerous dog:

(i) To allow the dog to remain on the premises of the owner unrestrained by a secure leash, a “proper enclosure” as defined in SMC 9.02.020(23), or other restraint or not under the control of the owner; or

(ii) The dog shall not be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

(b) Any dog which is declared to be a potentially dangerous dog shall be required to be microchipped by a veterinarian of the owner’s choice, at the owner’s expense. This must be accomplished within 15 days after receipt of the potentially dangerous dog declaration issued by the animal control authority.

(c) The owner of a potentially dangerous dog shall immediately notify the police department or animal control agency when the dog:

(i) Is loose or unconfined off the premises of the owner;

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

(iii) Is sold, given away, moved to another address, or dies. If such dog is sold, given away, or moved to another location, the owner shall provide the new address and telephone number of the dog’s residence and the name of the new owner if applicable. All requirements of this chapter must be met prior to moving the dog. If the dog dies, the owner shall supply to the animal control agency within 30 days of death a veterinarian certificate of death or other proof that the dog has died;

(iv) Having been declared potentially dangerous or dangerous dog or is under investigation as a potentially dangerous dog, by an animal control agency in another jurisdiction and the dog now resides in the city of Stanwood.

(d) Failure to comply is prohibited and may, in addition to other enforcement, result in the dog being immediately impounded.

(e) The owner of a potentially dangerous dog shall obtain a license for such dog from the office of the city clerk upon proof that all registration requirements have been satisfied, and shall be required to pay all application fees. 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.

(3) Duties upon Dangerous Dog Declaration. Upon declaration of a dangerous dog, the owner must immediately comply with and present to the animal control authority sufficient evidence of the following:

(a) Any dog which is declared to be a dangerous dog: The owner shall obtain a license 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 all application fees. 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.

(b) Securely confine the dog on the owner’s property in a “proper enclosure” as defined in SMC 8.02.020(23).

(c) Any dog which is declared to be a dangerous dog shall be required to be microchipped by a veterinarian of the owner’s choice, at the owner’s expense. This must be accomplished within 15 days after receipt of the dangerous dog declaration issued by the animal control authority.

(d) The dog shall not be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

(e) Post signs for the duration the dog is on the premises to warn the public that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog.

(f) Allow the investigating officer to enter and inspect the area of confinement to determine compliance immediately, prior to license issuance and periodically to ensure compliance.

(g) The owner shall post bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority; in the sum of at least $250,000 payable to any person injured by the dog; or obtain a policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000 insuring the owner for any personal injuries inflicted by the dog.

(h) Failure to comply is prohibited and may, in addition to other enforcement, result in the dog being immediately impounded.

(4) Violation and Penalty. Unless otherwise provided by Chapter 16.08 RCW, failure to comply with or violation of any provision of this chapter relating to potentially dangerous or dangerous dogs is:

(a) A misdemeanor subject to a jail term of not more than 90 days, a fine of not more than $1,000, or both such fine and imprisonment. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.430 Dangerous dogs – Confiscation – Penalties for owner of dogs that attack – Dog fights, penalty.

The requirements of confiscation, destruction, penalty for owners of dangerous dogs that attack a person or domestic animal, and penalties for any person entering a dog in a dog fight shall be determined pursuant to RCW 16.08.100. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.440 Licensing – Animal shelters, kennels, catteries, hobby kennels, hobby catteries, pet shops, grooming services – General requirements.

All animal shelters, kennels, catteries, hobby kennels, hobby catteries, pet shops, and grooming services must be licensed by the city and issued by the city clerk. 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 SMC 3.30.100 or fee resolution.

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. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.450 Kennel permit required.

No person shall keep dogs over six months of age which exceed the maximums identified in SMC 8.02.105 or 8.02.470 or operate a “commercial kennel” as identified in SMC 8.02.460 without first obtaining a permit from the city subject to inspection by the animal control officer. Said animal control officer shall have administrative authority to allow more than the maximum number of dogs referred to in SMC 8.02.470 for a hobby kennel or for a commercial kennel; provided, however, in no event shall such administrative approval be granted for more than the maximums by more than six dogs without an administrative conditional use permit from the community development director. The factors to be considered in granting or denying such additional animals shall be the same as set forth in SMC 8.02.470(2)(c)(i) through (v). Any aggrieved party may appeal the decision of the animal control officer or the community development director to the hearing examiner, who is authorized to hear such appeals and make a decision. (Ord. 1389 § 2, 2015; Ord. 1294 § 31, 2011; Ord. 1033, 1998).

8.02.460 Commercial kennels and pet shops.

(1) General Conditions.

(a) 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.

(b) Each animal housed in any animal shelter, commercial kennel 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.

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

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

(e) 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.

(2) Maintenance and Operation of Pet Shops.

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

(b) 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.

(c) 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.

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

(e) 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.

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

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

(h) 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. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.470 Hobby kennel – Conditions.

(1) Limitation on Number of Dogs Allowed. Any hobby kennel or hobby cattery license shall limit the total number of dogs over six 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 is less than one acre;

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

(c) The zoning classification in which the hobby kennel would be maintained.

(2) Requirements – Hobby Kennels.

(a) All open run areas shall be completely surrounded by a six-foot fence set back at least 20 feet from all property lines; for purposes of this section “open run area” means that area, within the property lines of the premises on which the hobby kennel is to be maintained, where the dogs are sheltered and maintained.

(b) No commercial signs or other appearances advertising the hobby kennel 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 17.110 SMC.

(c) The animal control officer may require setback, additional setback, fencing, screening or soundproofing pursuant to SMC Title 17, Zoning, as she or he deems necessary to ensure the compatibility of the hobby kennel 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 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 is applied for;

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

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

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

(d) The hobby kennel shall limit dog 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 in the hobby kennel shall have current and proper immunization from disease according to the dog’s species and age. Such shall consist of DHLPP inoculation for dogs over three months of age and rabies inoculations for all dogs 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 license be issued. The license will continue in full force throughout the license year unless, at any time, the hobby kennel is maintained in such a manner as to:

(a) Exceed the number of dogs 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 four dogs 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 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 the ordinance codified in this chapter or at the time they are contacted by an animal control officer.

(ii) The applicant is keeping the dogs 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 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, or complaints from neighbors regarding the applicant’s dogs; or if the animal(s) is maintained in inhumane conditions. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.480 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;

(8) Remove animal waste. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.490 Penalties.

(1) Any violation of SMC 8.02.320 through 8.02.380 and 8.02.440 through 8.02.480 not otherwise designated shall constitute a Class A violation in accordance with SMC 13.01.045(1) and subject the violator to enforcement as set forth in Chapter 13.01 SMC.

(2) Any other violations of the provisions of this chapter unless otherwise designated in this chapter or in state law are designated as follows:

(a) Failure to comply with any provision of this chapter or violation of any provision of this chapter is a civil infraction filed with Cascade District Court for first and second offenses occurring within a 365-day period.

(i) For the first offense, the fee for such violation shall be $100.00.

(ii) For the second offense, the fee for such violation shall be $200.00.

(b) Third or subsequent offenses of this chapter within a 365-day period shall be: a misdemeanor subject to a jail term of not more than 90 days, a fine of not more than $1,000, or both such fine and imprisonment. (Ord. 1389 § 2, 2015; Ord. 1112 § 2, 2001; Ord. 1033, 1998).

8.02.500 Notice of abatement – Penalties.

Repealed by Ord. 1112. (Ord. 1033, 1998).

8.02.510 Notice of abatement – Petition.

Whenever it may be affirmed in writing by three or more persons having separate residences or regularly employed in the neighborhood or animal control officer that any dog or cat is a habitual problem by reason of continued violations of any section of this chapter, the animal control officer may serve notice upon the owner or custodian of the dog or cat ordering that the problem be abated within a period of not less than three days. It may be unlawful for any person to fail to comply with said notice of abatement, and may be cause for impoundment of the dog or cat or a civil infraction or applicable infraction provided in this chapter. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.520 Third party liability.

(1) It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

(2) It is the specific intent of this chapter to place the obligation of complying with its requirements upon the owner and possessors of animals and no provisions nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.

(3) Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officer, employees or agents, for any injury or damage resulting from the failure to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.530 Severability.

Should any section, subsection, paragraph, sentence, clause or phrase of this chapter or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The city council of the city of Stanwood hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).

8.02.540 Savings.

Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any ordinance of the city herein superseded; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the city under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter. (Ord. 1389 § 2, 2015; Ord. 1033, 1998).