Chapter 6.04 REGULATIONS AND LICENSING

C. “Animal at large” means any animal not confined to the premises of its owner, unless restrained by a leash, tether, or other physical control device under the physical control of a person, which enters upon public property or rights-of-way or upon land of another person without authorization of that person.

D. “Animal control authority” means a person or entity authorized by statute or contract to enforce the animal control laws of the city.

E. “Animal control officer” means any individual employed by, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal.

F. “Animal exhibition” means any public display of any living animal in the promotion of entertainment, education, advertisement, or any commercial enterprise.

G. “Dangerous dog” means any dog that:

1. Inflicts severe injury on or kills a human being without provocation; or

2. Inflicts severe injury on or kills an animal without provocation while the dog inflicting the injury is off the owner’s property; or

3. Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks, or endangers the safety of human or domestic animals. Any dog which inflicts injury to a human or animal while trespassing on property of another is the presumed provoker, unless such presumption is overcome by the preponderance of the evidence.

Dogs that engage in the behavior outlined in this subsection while engaged in lawful police and law enforcement work are excluded from this definition.

H. “Director” shall mean the chief of the Bonney Lake police department or other appropriate city official as designated by the mayor.

I. “Domestic animal” means any dog, cat, rabbit, horse, mule, donkey, bovine animal, lamb, goat, sheep, hog, bird, or other animal made to be domestic.

J. “Exotic, wild or dangerous animal” means any member of the animal kingdom which is not commonly domesticated or which is of a wild or predatory nature, or any domesticated animal which because of its size, vicious nature, or other characteristic would constitute a danger to human life or property if not kept, maintained or confined in a safe and secure manner.

K. “Grooming parlor” means any place or establishment, including mobile establishment, public or private, where animals are bathed, clipped or combed, whether or not for compensation, for the purpose of enhancing their aesthetic value.

L. “Kennel” includes those places where six or more dogs or cats are kept for breeding and the pups or kittens are sold for profit, or where dogs and/or cats are received for care or boarding. This includes a hobby kennel, meaning a noncommercial kennel at or adjoining a private residence where six or more adult animals are bred and/or kept for hunting, training and exhibition for organized shows, field, working, and/or obedience trials or for enjoyment of their species. This also includes but is not limited to grooming facilities, pet shops, boarding facilities and non-government shelters.

M. “Leash” means a cord, strap, or chain of sufficient strength so that the animal is under the control of a competent person accompanying the animal. For purposes of this definition, “leash” does not include an electronic leash or other similar device where a competent person in control of the animal is not holding a cord, strap, or chain directly attached to the animal.

N. “Livestock” means all sheep, goats; cattle, or members of the Bovidae family; all horses, mules, or members of the Equidae family; all pigs, swine, or members of the Suidae family; llamas, Camelid family, and ostriches, rhea, and emu.

O. “Muzzle” means a basket device specifically designed to be placed over an animal’s nose and jaws to prevent it from biting any person or animal, made in a manner that will not cause injury to the animal or interfere with its vision or respiration, and allows the animal to drink.

P. “Nuisance – animal” means:

1. Animal noise: Habitual barking, howling, whining, crowing, and any other oral sounds from any domestic animal, in such a manner that unreasonably disturbs, annoys the occupants of two or more dwellings within the neighborhood, or interferes with the comfort, repose, health or safety of any person;

2. Any domesticated animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys, or other public ways and city-owned properties;

3. Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons.

Q. “Owner” means any person having possessory rights, control, or custody of an animal, livestock, or poultry, or any person who knowingly permits any animal, livestock, or poultry to remain on premises occupied by him or her.

R. “Pet shop” means a person or establishment that acquires for the purpose of sale live animals, including birds, reptiles, fowl and fish, bred by others, whether as owner, agent, or on consignment, and sells, or offers to sell, such live animals, including birds, reptiles, fowl and fish, to the public or to retail outlets.

S. “Potentially dangerous dog” means any dog that without provocation:

1. Inflicts a bite on a human, domestic animal, or livestock either on public or private property; or

2. Chases or approaches a person upon the streets, sidewalks, or any public grounds or private property in a menacing fashion or apparent attitude of attack; or

3. Any dog with a known propensity, tendency, or disposition to attack unprovoked or to cause injury or otherwise to threaten the safety of humans, domestic animals, or livestock on any public or private property.

4. Dogs that engage in the behavior outlined in this subsection while engaged in lawful police and law enforcement work are excluded from this definition.

T. “Poultry” means domestic fowl normally raised for eggs or meat, and includes chickens, turkeys, ducks, and geese; provided, that “poultry” does not include roosters. Roosters shall not be permitted under this chapter.

U. “Premises” means the registered owner’s current address that has been inspected and approved by metro animal services.

V. “Proper enclosure” means while on the owner’s property, the animal shall be confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have a locking door with a padlock, secure sides, a concrete floor or, if the pen or structure has no bottom secured to the sides, then the sides must be embedded in the ground no less than one foot and a secure top attached to the sides, and shall also provide protection from the elements for the animal. The structure must comply with all applicable provisions of the local building and zoning codes.

W. “Provocation” means any threatening or aggressive act that would reasonably incite or stimulate an animal to react in self-defense, including, but not limited to, inciting movements, aggressive tones, offensive touching, and trespassing onto private property. Any dog, while trespassing on the property of another, which inflicts injury to a human or animal is the presumed provoker, unless such presumption is overcome by the preponderance of the evidence.

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

Y. “Sexually neutered” means medically determined to be incapable of reproduction as certified by a licensed veterinarian.

Z. “Tether” means (1) to restrain an animal by tying or securing the animal to any object or structure; and (2) a device, including, but not limited to, a chain, rope, cable, cord, tie-out, pulley, or trolley system for restraining an animal.

AA. “Warning sign” means a clearly visible and conspicuously displayed sign containing words and a symbol (to inform children or others incapable of reading) warning that there is a dangerous animal on the property.

BB. Definitions from the Revised Code of Washington. “Abandon,” “necessary food,” necessary shelter,” and “necessary water” are defined by RCW 16.52.011 and are adopted by reference. (Ord. 1642 § 1, 2020; Ord. 1384 § 1, 2011; Ord. 1381 § 1, 2011; Ord. 1352 § 1, 2010).

6.04.020 Administration.

The animal control authority shall operate, maintain or provide an adequate facility or arrange for the use of other adequate facilities or approved agency to receive and care for any animal delivered to his/her custody for disposition under the provisions of this chapter, which facility shall be accessible to the public during reasonable hours for the conduct of necessary business concerning impounding animals. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.021 Animal control fees.

The animal control authority shall establish and maintain the animal control fee schedule. The animal control fee schedule shall be adopted by the city council. (Ord. 1674 § 6, 2023; Ord. 1642 § 1, 2020).

6.04.030 Responsibility.

It shall be the primary responsibility of the animal control officer to enforce the provisions of this chapter. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.040 Promulgation of rules and regulations.

The city may promulgate such rules and regulations as deemed necessary to implement, administer and enforce the provisions of this chapter; provided, that such rules and regulations are not inconsistent with anything contained herein. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.050 Power and authority of animal control officer.

The animal control officer shall be empowered to exercise the authority of a peace officer to the extent necessary to enforce this chapter, which power shall include issuance of citations and seizure of animals from public property, vacant property and private property and subsequent impoundment. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.060 Enforcement authority.

Persons designated to enforce this chapter shall bear satisfactory identification reflecting the authority under which they act, which identification shall be shown to any person requesting the same. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.070 Registration and licensing of dogs and cats.

It is unlawful for any person to own, keep, or have control of a dog or cat seven months or older in the city, whether confined or not, without having a current license tag attached to the collar or harness which is worn by the dog or cat. These licenses shall be obtained by paying the required license fee in the amounts and within the time limits provided herein.

A. Dog and cat licenses must be renewed each year and obtained within 30 calendar days of acquisition of the dog or cat. The license shall remain in force for a period of 12 months from the date of issuance, expiring on the last day of the twelfth month. There is no prorating of any license fee. Renewal licenses will retain the original expiration date whether renewed prior to, on, or after their respective renewal month.

B. A metal tag shall be furnished with each license. Such tag shall be securely attached to a collar which shall be worn by the dog or cat at all times, except when displayed in an official exhibition.

C. In order to receive the fee advantage for altered dogs and cats, an individual must provide either proof of alteration from a licensed veterinarian or a written statement from a licensed veterinarian that the spay/neuter procedure would be harmful to the animal.

D. Any person who fails to obtain a license within 30 calendar days of the license expiration date, shall pay a penalty fee as outlined in Sumner Municipal Code 6.04.030(D), which is incorporated by reference in its current and subsequently amended forms. No late penalty shall be charged if:

1. The owner submits proof of purchase or acquisition of the animal within the previous 30 days; or

2. The owner has moved into the city within the preceding 30 days; or

3. The animal is currently, or has been within the preceding 30 days, under the age which requires a license; or

4. The owner purchases the license(s) voluntarily prior to in-person or field contact by animal control personnel. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.080 Dog and cat license fees.

A. Dog and cat licenses shall be issued by the animal control authority upon application and payment of an annual license fee. The fee for each animal license shall be as set forth in a schedule of fees, available upon request from the animal control authority. Applications for a dog or cat license shall be on forms provided by the animal control authority. Animal control fees amounts are adopted in Sumner Municipal Code 6.04.030, which is incorporated by reference in its current and subsequently amended forms.

B. Microchip. The city of Bonney Lake has determined that the best method of identification of animals under current technology is the microchip. If an animal owner residing inside the Bonney Lake city limits shows proof that their animal has been microchipped, the owner can receive a one-time credit of up to $10.00 on an animal license. Proof that the subject animal has been microchipped will be required at the time of licensing. (Ord. 1642 § 1, 2020; Ord. 1381 § 2, 2011; Ord. 1352 § 1, 2010).

6.04.081 Penalty for failure to license an animal.

A person who violates any of the provisions of BLMC 6.04.070 shall be guilty of an infraction, for which the penalty shall be consistent with a Class 1 civil infraction pursuant to RCW 7.80.120 for each separate offense. If a person cited for a first offense under this section presents evidence of a valid license obtained subsequent to issuance of a citation or notice of infraction to the Bonney Lake municipal court, the infraction shall be dismissed without cost, except that the court may assess court administrative costs of $25.00 at the time of dismissal. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.082 Mandatory spay/neuter and microchipping for impounded dogs and cats – Deposit – Refund – Exception.

A. The owner of an unaltered cat or dog that is impounded more than once in any 12-month period shall be required to have the cat or dog spayed/neutered and microchipped by a veterinarian as a condition of redeeming the impounded animal. At the time of redeeming the animal, the owner shall pay the sum of $75.00 to the animal control authority as a refundable deposit. This deposit shall be held by the animal shelter to ensure that the spay/neuter and microchip procedures are performed.

B. Refund. The deposit shall be refunded upon a showing of proof of alteration and microchipping from a licensed veterinarian. If there is no proof of alteration or microchipping within six months from date of deposit, the animal control shelter will retain the deposit.

C. Exception. The deposit shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian that the spay, neuter or microchip installation procedure would be harmful to the animal. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.090 Kennel license – Required – Animal limit.

It is unlawful and shall constitute a nuisance for any person to harbor, maintain, or allow to be maintained over five adult dogs or cats total on his or her property, or on property controlled by him or her. Any person renewing or applying for a kennel license must show proof in the form of a business license or membership in an animal organization that shows that they are still engaging in the type of category for which they are applying or renewing and metro animal services may require compliance inspections annually to ensure adherence to city codes. Any person may apply for a kennel license to maintain a household with animals in excess of the limit, provided there are no violations of zoning codes and kennel standards. It is a violation to allow or maintain a kennel without a license. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.100 Kennel license – Zoning restrictions.

No kennel license shall be issued where the kennel will be maintained in an R1, R2, or R3 zone as the same is classified by the ordinances of the city, and each year thereafter applicants may be entitled to renew said license in succeeding years, provided the kennel(s) is maintained as per the standards set forth in this chapter. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.110 Kennel standards.

The animal control officer shall set the standards for the operation of a kennel and the same shall be consistent so far as possible with those standards set forth by Pierce County. Said standards shall be in writing and be available at the Justice and Municipal Center and metro animal control. Kennel construction will be in accordance with the city building codes. Kennels, including and not limited to grooming facilities, pet shops, boarding facilities, and nongovernment shelters, shall also be inspected for sufficient care standards. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.120 Permit required for certain animals.

No person shall have, keep, or maintain or have in his possession, or under his control, within the city limits, any exotic, wild or dangerous animal; provided, however, that such animals may be permitted on the condition that a permit is obtained from the city. The permit shall only be granted upon showing by the applicant that adequate safeguards have been instituted and will be maintained which will effectively control the dangerous or vicious propensities of such animal, eliminating any danger to individuals or property, and providing that the keeping or maintaining of any such animal will in no way constitute a nuisance to the occupants of any surrounding property. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.130 Livestock and poultry.

A. Livestock and poultry may be maintained on residential property zoned for single-family residences, subject to the restrictions contained in this chapter.

B. It is the owner’s responsibility to ensure that livestock and poultry do not create a nuisance under this chapter or BLMC Title 8.

C. Livestock and poultry shall be properly housed and fed in a suitable structure detached from the residence and in compliance with the following minimum requirements:

1. Enclosures and grazing areas for livestock shall be placed on a lot no less than one acre and there shall be no more than two livestock per acre of enclosed usable pasture area.

2. Enclosures and grazing area for poultry shall be available. No more than one poultry per 1,000 square feet of lot area, up to a maximum of 10 poultry, are allowed on lots less than one-half acre. On lots greater than one-half acre, one poultry per 1,000 square feet of lot area is allowed, up to a maximum of 20 poultry.

3. The pastoral roaming area for livestock or poultry shall be maintained no closer than 10 feet from an adjacent lot.

4. No structure used primarily to house or feed livestock or poultry shall be closer than 10 feet from an adjacent property line.

D. The keeper of any livestock or poultry shall regularly remove all waste, food, bedding, and other debris to prevent the accumulation of insects, rodents, or disease and to eliminate noxious or offensive odors. (Ord. 1686 § 2, 2023; Ord. 1642 § 1, 2020; Ord. 1384 § 2, 2011; Ord. 1381 § 3, 2011; Ord. 1352 § 1, 2010).

6.04.135 Livestock and poultry at large.

No person owning or in control of any livestock or poultry shall allow such livestock or poultry to enter or trespass upon private or public property without the express permission of the owner or caretaker of such property. Any such livestock or poultry at large may be seized and impounded. (Ord. 1642 § 1, 2020; Ord. 1381 § 4, 2011; Ord. 1352 § 1, 2010).

6.04.140 Cruelty to animals.

A. No person shall beat, ill treat, torment, overload, overwork or otherwise abuse an animal. No person shall cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans. Anyone who permits such combat on premises under his or her control, and any person present whether as a spectator or not at such combat, shall be deemed a violator of this section and subject to punishment therefor.

B. Cruelty to animals includes confinement of an animal within or on a motor vehicle at any location under such conditions as may endanger the health or wellbeing of the animal, including, but not limited to, extreme temperatures, lack of food, water, or confinement with a dangerous animal. Any animal control or peace officer is authorized to remove any animal from a motor vehicle, at any location, when he/she reasonably believes it is confined in such conditions as described above. Any animal so removed may be taken for veterinary care if deemed necessary by law enforcement. Pursuant to the veterinarian assessment the animal may be hospitalized, euthanized or delivered to the animal control shelter. The removing officer leaves written notice of such removal and delivery, including the officer’s name, in a conspicuous, secure location on or within the vehicle. Chapter 16.52 RCW is adopted by reference where applicable. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.150 Animals given to minors.

Repealed by Ord. 1642. (Ord. 1352 § 1, 2010).

6.04.160 Poisoning animals.

Repealed by Ord. 1642. (Ord. 1352 § 1, 2010).

6.04.170 Animal exhibitions.

No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.180 Harboring stray animals.

Any person who finds and harbors stray animals without knowing the animal owner’s identity shall notify the animal control officer and furnish a description of the animal. The finder must notify within 48 hours of coming in contact with the animal. Records of reported findings shall be retained by the animal control authority and made available to public inspection. A person who violates any of the provisions of this section shall be guilty of a Class 1 civil infraction with a penalty pursuant to RCW 7.80.120. Harboring stray animals in the amount over the limit as set forth in BLMC 6.04.090 may trigger penalties pursuant to that section. (Ord. 1642 § 1, 2020; Ord. 1352 § 1, 2010).

6.04.181 Feces removal.

A. Allowing Deposit Prohibited. No person owning or in charge of any animal shall cause or allow such animal to soil, defile, or defecate on any common thoroughfare, sidewalk, passageway, bypath, play area, park, or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property, without the permission of the owner of the property.

B. Removal of Feces Deposited. Any person owning or in charge of any animal which soils, defiles, or defecates on any common thoroughfare, sidewalk, passageway, bypath, play area, park, or any place where people congregate or walk, or upon any public property whatsoever, or upon any private property, without the permission of the owner of the property, shall immediately remove all feces deposited and shall dispose of such feces in accordance with this section.

C. Proper Disposal. The feces removed from the aforementioned designated areas shall be disposed of by the person owning or in charge of any such dog in a sealed, nonabsorbent, leak-proof container and deposited into a garbage receptacle.

D. Domestic Cat Exception. This provision does not apply to domestic cats properly registered and licensed pursuant to this chapter.

E. Any violation of the provisions in this code shall be a Class 1 civil infraction pursuant to RCW 7.80.120. (Ord. 1642 § 1, 2020; Ord. 1381 § 5, 2011).