Chapter 6.05 ANIMAL CONTROL

This chapter shall be designated and may be cited as the city of Burlington animal care, control, and protection ordinance. The provisions of RCW Title 16 as presently constituted or hereinafter amended are adopted by reference. (Ord. 1667 § 2, 2009).

6.05.020 Purpose.

It is hereby declared to be the public policy of the city of Burlington to provide for the general welfare of the residents and visitors to the city of Burlington through the adoption and enforcement of these animal control measures deemed necessary for the protection of the health, welfare and safety for residents, visitors and animals within the city of Burlington and to prevent injury to property and cruelty to animals. To this end, it is the purpose of this chapter to provide a means of licensing animals; to register animals and to regulate animal behavior so that it will not constitute a nuisance; to prevent or curtail inhumane treatment of animals; and to prevent or curtail domestic animal overpopulation. The city council expresses no intent to create a class of person/s who are specially benefited by this chapter. (Ord. 1667 § 2, 2009).

6.05.030 Definitions.

As used in this chapter unless the context otherwise indicates, the following words and phrases shall be defined as follows:

“Adult dog” means any domestic canine over the age of six months.

“Agency” means any public or private entity authorized by the city of Burlington to issue pet licenses.

“Altered” means an animal that has been medically determined to be incapable of reproduction.

“Animal” means any nonhuman member of the classes of mammal, bird, reptile, or amphibian.

“Animal control authority” means the Burlington police department or its designee, acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state.

“Animal control officer” means any individual employed, 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 in the city of Burlington 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.

“Animal shelter” means any agency, or boarding facility such as a veterinarian office, animal rescue center or foster home, designated and used as a place to temporarily house or contain stray, homeless, abandoned or unwanted animals including the impounding of animals that have been designated running at large or a stray by the city of Burlington.

“At large” means to be off the premises of the owner or caretaker and not under the immediate control of such owner or caretaker, or the owner’s or caretaker’s agent (including members of the immediate family), either by leash, cord, chain or otherwise. An animal within a vehicle of its owner shall be deemed to be upon the owner’s premises.

“Barking dog” means any dog which unreasonably annoys or disturbs other persons in the vicinity by frequent or habitual howling, yelping, or barking.

“Boarding” means the act of providing regular food, water, shelter, exercise, and care for animals in the absence of the owner or caretaker who would normally provide these things.

“Commercial kennel” means any premises used to conduct a for-profit business involving the breeding, buying, selling, or boarding of dogs, but excluding animal hospitals and clinics where animals are kept only for treatment by licensed veterinarians and nonprofit animal shelters where animals are kept for care and treatment pending redemption, adoption or euthanasia. This will include animal day care centers.

“Dangerous dog” means any dog that according to the records of any governmental entity: (A) inflicts severe injury upon a human being without provocation on public or private property, (B) kills a domestic animal without provocation while off the owner’s property, or (C) has been previously found to be dangerous because of an injury inflicted on a human, the owner having received notice, and the dog again aggressively bites, attacks or endangers the safety of humans or domestic animals; provided, a dog shall not be considered or declared dangerous solely on the basis of inflicting bites on a person or by chasing or approaching in a menacing fashion or apparent attitude of attack toward any 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 animal, 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.

“Domestic animal” means any animals that are tamed and bred for the use of humans other than livestock. For the purpose of this chapter, this generally refers to dogs, cats and some birds.

“EAID” means electronic animal identification device.

“Feral” means any animal, normally classified as domestic, that has escaped domestication and become wild, or the offspring of outdoor intact domestic animals, either owned or abandoned.

“Grooming parlor” means any place of business (stationary or mobile) where animals are bathed, clipped, dipped or combed, or otherwise serviced for a valuable consideration for the purpose of enhancing their aesthetic value.

“Guard dog” means any type of dog used for the purpose of defending, patrolling, or protecting property or life. The term “guard dog” shall exclude police dogs and dogs used primarily for handling and controlling livestock or farm animals. A “dangerous dog” or “potentially dangerous dog” as defined by this chapter is not a guard dog.

“Guide dog” means a properly trained dog certified by a licensed training facility that has expertise in training dogs for physically impaired persons.

“Harboring” means providing food and care for an animal such that the animal remains or customarily returns over a period of five days results in a rebuttable presumption that the person providing the food or care is keeping the animal.

“Kennel” shall hold the same meaning as “commercial kennel”; however, it will include anyone who has ownership of more than four dogs and follows a land use permit pursuant to BMC Title 14A.

“License” or “tag” means a pre-numbered identification tag acquired by the owner from an authorized agent for a specific animal. Rabies identification or other identification is not a license. “License” also refers to a city of Burlington business license.

“Licensing official” means any employee or agent of the city of Burlington designated to issue licenses.

“Livestock” means animals usually found on farms, including but not limited to horses, cattle, mules, donkeys, llamas, alpacas, ostriches, and bovine animals.

“Microchip” means an EAID.

“Neutered” shall hold the same meaning as “altered.”

“Owner” shall have the same meaning as defined in RCW 16.08.070.

“Person” includes individuals, corporations, departments, firms, partnerships, trusts, associations, or other legal entities, and agents of those entities.

“Pet” shall have the same meaning as “domestic animal.”

“Pet shop” means any business or commercial establishment wherein animals commonly referred to or considered to be pets are kept or displayed for sale to any persons or organizations for either private or commercial purposes.

“Police dog” means a dog used by law enforcement agencies and specially trained for law enforcement work.

“Potentially dangerous dog” means any dog that when unprovoked: (A) inflicts bites on a human or domestic animal either on public or private property, or (B) chases or approaches a person upon streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack, or any animal with a known propensity, tendency or disposition to attack unprovoked, cause injury, or otherwise threaten safety of humans or domestic animals. A dog shall not be considered or declared potentially dangerous solely on the basis of inflicting bites on a person or by chasing or approaching in a menacing fashion or apparent attitude of attack toward any person who, at the time, was committing a willful trespass or tort upon premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.

“Proper enclosure of a dangerous dog” means a securely enclosed and locked pen or structure, suitable to prevent entry of individuals and other domesticated animals and designed to prevent the dangerous dog from escaping. Such pen or structure shall have secure sides and top. If the pen or structure does not have a concrete floor secured to the sides, then the structure must be embedded in the ground no less than one foot. The pen or structure shall also provide protection from the elements for the animal.

“Proper enclosure of a potentially dangerous dog” means a secured fenced yard suitable to prevent entry of individuals and domesticated animals and designed to prevent a potentially dangerous dog from escaping. The fence must meet all setbacks and height restrictions per chapter 17.45 BMC.

“Quarantine” means keeping a biting animal or a suspected biting animal separate and apart from other animals and people for a period of at least 10 days.

“Service animal” means an animal of any type that has been trained at a recognized school or training facility for the purpose of assisting or accommodating a disabled person’s sensory, mental, or physical disability.

“Severe injury” means any physical injury resulting in broken bones, disfiguring lacerations requiring multiple sutures or cosmetic surgery. The term has the same meaning as defined in RCW 16.08.070.

“Shelter” means governmental or private entities that provide temporary homes for stray or surrendered animals, most often dogs and cats, until the animals are reclaimed by the owners, adopted, placed with another entity, or euthanized.

“Sterilized” shall hold the same meaning as “altered.”

“Stray dog” or “stray animal” means any domestic animal wandering or roaming or remaining in a neighborhood or public place without an apparent home.

“Veterinarian” means any person licensed to practice veterinary medicine in the state of Washington. (Ord. 1667 § 2, 2009).

6.05.040 Mandatory licensing of dogs.

It is unlawful for any person residing in the city of Burlington to own, keep, or harbor a dog over three months of age within the corporate limits of the city of Burlington unless the dog has been registered and a license tag procured for the dog from the city of Burlington. Any dog brought into the corporate city limits shall be registered within 30 days.

Application and registration for license shall be made upon forms provided by a licensing official, and shall be charged a fee as set forth in this chapter.

A. Anyone applying for a license for a dog shall submit the following information:

1. The name, address, and telephone number of the owner of the dog. The owner of the dog must be at least 18 years old;

2. The name, address and telephone number of the person having custody of the dog, if other than the owner;

3. The breed, color, age, and sex of the dog(s);

4. The address of the property where the dog is ordinarily kept or maintained if different from the owner;

5. A certificate of a veterinarian indicating the dog has a current rabies immunization;

6. A certificate of a veterinarian indicating the dog has been altered, if the owner claims so;

7. A new license for each dog must be obtained every year.

B. It is unlawful for a person to knowingly make false statements or representations when making application for a license. There shall be issued and furnished at time of licensing a license tag to be worn by the dog on a suitable collar or harness at all times the dog is outside the home of the owner or caretaker. It is unlawful for any person other than the owner, the owner’s agent, or a city official to remove the license tag from the dog.

C. Notwithstanding any provision to the contrary, pet shops, dog day care/boarding facilities, and dogs and puppies for sale at a commercial kennel licensed by the city of Burlington are exempt from the provisions of this section. (Ord. 1667 § 2, 2009).

6.05.050 Dog license – Fees.

The annual license fee for each dog shall be adopted by city council resolution in the following categories:

A. For altered dogs: Proof of alteration must be evident, by the submission of a certificate of a veterinarian, or other positive proof satisfactory to the licensing authority. In lieu thereof, the licensing official may, at his/her discretion, accept an affidavit that a dog has been altered.

B. For dogs not altered.

C. Replacement tag.

D. Potentially dangerous dog: initial registration payable within 10 days of declaration, annually thereafter payable by the last day of December for each subsequent calendar year.

E. Dangerous dog: initial registration payable within 10 days of declaration, annually thereafter payable by the last day of December for each subsequent calendar year.

F. Service animals: Dogs that are serving as a service animal must be licensed but are exempt from licensing fees. (Ord. 1799 § 8, 2014; Ord. 1667 § 2, 2009).

6.05.060 Free dog license – Eligibility requirements.

City residents 68 years of age or older shall be issued a license for no fee as referenced in the city council resolution adopting fees for each dog, up to four dogs for which they are the registered owner, when the dog(s) are maintained at the owner’s registered address within the city limits of Burlington. A new license for each dog must be obtained every year. (Ord. 1799 § 9, 2014; Ord. 1667 § 2, 2009).

6.05.070 License – Registration – Transferability.

A license shall be issued only to the owner of an animal, and may not be issued to a minor. No license/registration may be transferred to any other person. Parents or guardians are responsible for control of animals which are in their care or custody and control of children who reside with the parent or guardian, and such parent or guardian is deemed to be the owner of the animal. (Ord. 1667 § 2, 2009).

6.05.080 Dog licensing registration – Record.

A record of all licenses shall be maintained by the Burlington police department. (Ord. 1667 § 2, 2009).

6.05.090 Dog licensing and pet registration – Agents.

In addition to city employees, the city council may designate an authorized agent or agents to make issuance of city animal licenses and tags and registration of other animals. The agent or agents may be a designated animal shelter operator, veterinarian, pet shop, commercial kennel operator, or grooming parlor operator with whom the city has entered into an agreement for such service. In the case of licensing by agents other than city employees, an agent’s fee of $2.00 may be collected and retained by the agent. Agents shall within five days of receipt transmit the animal licensing information to the city.

A. Upon proper application and payment of applicable fees by the owner or person having custody and control of a dog, the licensing official shall issue a license and a serial numbered identification tag for the dog, which shall be securely affixed to a substantial collar or harness worn by the dog, except when the dog is securely confined within a residence or being displayed in an exhibition. An electronic animal identification device may be implanted in addition to, but not in place of, the serial numbered tag issued by the city or their agent.

B. Each license shall be valid for no more than a one-year period and shall expire each December 31st of each calendar year. Replacement licenses for the following year must be obtained by the last day of December. Any lost license tag must immediately be replaced by a new tag issued by the licensing official. Every potentially dangerous dog or dangerous dog shall have an additional registration, license tag, insurance, and fee requirements as defined and set forth herein. (Ord. 1667 § 2, 2009).

6.05.100 Household pets – Maximum number kept.

No person shall own or keep within the city limits of Burlington more than four dogs of licensing age or a total of six domestic animals. This limit shall not include birds, fish, or suckling young.

Any person intending to keep more than four dogs of licensing age as referred to in this chapter shall do so only as a properly licensed commercial kennel or veterinary clinic.

In addition to pet limitations outlined in this section, any persons due to unforeseen or emergency circumstances may temporarily shelter a total of two additional cats/dogs in any combination for a period not to exceed six months. Such animals shall be disclosed to the animal control officer. (Ord. 1667 § 2, 2009).

6.05.110 Guard dogs – Special requirements.

Guard dog owners and guard dog services shall register all guard dogs used within the city of Burlington, regardless of owner’s address. In addition to information required by BMC 6.05.040, registration shall include:

A. EAID type and EAID number; and

B. Proof of ownership (bill of sale, veterinarian affidavit, etc.).

C. Guard dogs shall be vaccinated against rabies and registered with the city no later than 10 days from acquisition and in no case shall the animal be placed into service prior to vaccination.

D. Each guard dog shall be registered annually with the city of Burlington.

E. Each guard dog shall have an implanted EAID readable by the city’s equipment.

F. The escape or disappearance of a guard dog shall be reported immediately to the Burlington police department.

G. Any vehicle of every guard dog service transporting any guard dog must be clearly marked, showing it is transporting an aggressive dog. A compartment separate from the driver is required and shall be arranged to ensure maximum ventilation for the animal. No guard dog shall be transported in the trunk of a car or in an open bed of a truck.

H. Each business which hires or uses a guard dog to patrol the premises after business hours shall provide a confining structure to keep the dog contained in and/or a fence that is at least six feet high and sufficiently sturdy to prevent the dog from escaping or reaching persons off the property.

I. Each business which hires or uses a guard dog that is present during business hours shall have the dog confined in a manner as not to pose a danger to the public. Confinement shall, at a minimum, prevent deliberate or inadvertent physical contact by the public.

J. At each entry point and at each 50-foot interval along the fence perimeter, if applicable, a sign shall be posted including the words “guard dog” in three-inch letters. All entry points shall be double gated.

K. All entry points shall have a sign posted with the telephone number of the dog’s handler and/or owner in case of an emergency.

L. Dogs used for guarding a business shall be given a humane existence, including adequate shelter, food, water, and exercise. Dogs confined to a kennel or cage shall be able to stand freely and turn without restriction and shall be permitted daily exercise for an appropriate length of time, as determined by size and age, in a yard or other area suitable for that purpose.

M. No dog which has been declared a dangerous dog by the city shall be used as a guard dog. (Ord. 1667 § 2, 2009).

6.05.120 Presumption of ownership.

A presumption of ownership shall exist if an otherwise stray dog is kept, sheltered, fed, or harbored for more than five consecutive days. (Ord. 1667 § 2, 2009).

6.05.130 Owner responsibility – Control of dogs – Leash requirements.

A. It is unlawful for the owner or caretaker in charge of a dog to:

1. Permit the dog within the corporate limits of the city of Burlington to run at large, roam, stray, or be away from the premises of the owner or caretaker, or be in or on any public property, or private property of another except with the permission of the owner or custodian of the private property, unless the dog is physically controlled by the owner or caretaker or other competent and authorized person capable of handling and physically controlling the dog by means of a physical control device, such as a leash or carrying cage.

2. Any dog that has already been declared potentially dangerous or dangerous that is caught running at large shall be considered a separate violation and will be subject to the provisions of chapter 6.06 BMC.

3. It is unlawful for a dog to enter park areas that are specifically posted to prohibit dogs, regardless of whether or not the dog is restrained by a leash.

Notwithstanding the foregoing, no physical control device is required for a dog within the boundaries of a city owned or sanctioned off-leash dog park, or while participating in an organized exhibition that has received a permit from the city.

4. Control device requirements shall not apply to police dogs while in performance of law enforcement duties.

5. It is unlawful for a dog to enter or remain on any public park property unless such dog is restrained by a leash or other similar physical restraint.

B. Any person who violates this section shall have committed a civil infraction and shall be assessed a monetary fine as follows:

1. First offense – $50.00.

2. Second offense – $75.00.

3. Third offense – $100.00.

4. Fourth and subsequent offenses – $150.00 and the animal control officer may declare the dog a public nuisance and may require abatement of the animal per BMC 6.05.160. (Ord. 1667 § 2, 2009).

6.05.140 Nuisance – Noise.

Burlington Municipal Code has repealed chapter 17.58 BMC in its entirety, and has added a new section under chapter 8.14 BMC.

It shall be unlawful for an owner or caretaker to allow an animal to:

A. Unreasonably annoy or disturb others by frequent or habitual howls, barks, or other loud noises.

Exception: Such sounds made in animal shelters or in commercial kennels duly licensed shall be exempt.

B. Make noise in violation of this chapter in the presence of any law enforcement officer. The animal may be declared a public nuisance and may be immediately impounded; provided, however, that no animal shall be impounded if it is contained within a house or other structure. In the event of such an impoundment, the seizing officer shall schedule an administrative hearing before the city’s chief law enforcement officer, which hearing shall take place within two business days of the seizure. The seizing officer shall provide written and telephonic notice to the owner, advising of the hearing.

It is an affirmative defense under this section that the animal was intentionally provoked to bark or make any other noise by the injured person or any other person; provided, that the enactment of this provision shall in no way nullify any other provision of the Municipal Code concerning animal noise.

In addition, violations of this section shall be deemed to be a nontraffic infraction and subject to a penalty in the amount of $100.00 for each offense. (Ord. 1667 § 2, 2009).

6.05.150 Nuisance or destructive behavior.

Every owner or caretaker of an animal shall exercise care and control of their animal to prevent the animal from becoming a public nuisance. It shall be unlawful for an owner or caretaker to allow the animal to:

A. Trespass on private property so as to damage or destroy any lawn, garden, property, or thing of value.

B. Chase, run after, or jump at vehicles lawfully using the public streets, avenues, alleys, and ways.

C. Keep or harbor any animal that frequently or habitually disturbs the peace by snapping, biting, and jumping upon persons lawfully on the public sidewalks, streets, alleys, or public places. (Ord. 1667 § 2, 2009).

6.05.160 Nuisance – Abatement procedures.

A. Any person that keeps an animal that has been declared a public nuisance and the animal continues to violate any provisions of this chapter, in addition to the fine or imprisonment, or both, may be ordered by the court to remove such nuisance. If the removal is not done by owner or caretaker within 24 hours of the notification, the animal shall be removed. The order of abatement shall be entered upon the court docket and made a part of the judgment in the case. Notice of the hearing shall be mailed to the last address of record or served upon the animal owner. The owner shall be liable for all costs and expenses of abating the nuisance.

B. In addition to any other remedies available under the provisions of this chapter, an animal control officer may order in writing to be delivered by regular mail to the last known address of the owner or caretaker of the animal, or by personal service to the owner or caretaker of the animal which is the subject of four criminal citations, notice of the civil infractions, or any combination of the same within a 12-month period, to abate and remove the animal from the city limits within seven days from the date of service of the order, or the tenth day from the date of mailing the order. Such order to abate the habitual violator shall:

1. State that a hearing in the Burlington municipal court may be requested appealing the order;

2. State that if no hearing is requested within 10 days of the date of mailing or date of service of the order, the owner or caretaker must abate and remove the animal from the city;

3. Bear the notation that any appeal must be filed before closure of the tenth day following the date of mailing or service of the order;

4. Clearly state and identify the grounds of which the animal has been declared a habitual violator;

5. Clearly identify the animal which has been declared a habitual violator identifying the animal by species and breed, coloring and markings, approximate age, gender and name when the information is available.

If the owner of the animal has failed to comply with the court order, or 10 days have elapsed from the date of service, the animal control officer may abate the animal and remove it for impound. The animal may not be returned to the property from which it was impounded. (Ord. 1667 § 2, 2009).

6.05.170 Confining dogs.

The owner or caretaker of any unspayed dog shall confine such dog in a well-ventilated and adequately sized closed structure so that the dog cannot come into contact with an intact male dog except for planned breeding. Any person who violates this section shall have committed a civil infraction and shall be assessed a monetary fine in the amount of $50.00 for each offense. (Ord. 1667 § 2, 2009).

6.05.180 Noncanine animals running at large.

No person shall, within the corporate limits of the city, allow any horse, mule, cattle, pig, sheep, donkey, chicken, or other domestic farm animal (excluding cats) to run at large on city streets or on private property other than the property belonging to the owner of such domestic farm animal. Any person violating the provisions of this chapter shall be deemed to have committed a nontraffic infraction and subject to a penalty in the amount of $50.00 per offense. In addition, violations of this section may be declared a public nuisance per BMC 6.05.150. Horses, beef cattle or other domestic farm animals are permitted on the condition that the numbers of animals not exceed a ratio of one per one-half acre of fenced pasture area. The keeping of mink, goats, foxes, or hogs is prohibited per BMC 17.15.050(E). (Ord. 1667 § 2, 2009).

6.05.190 Impoundment.

A. Unregistered and Stray Dogs. Any dog, not registered or not wearing the city of Burlington issued license tag, off the private property of the owner or caretaker is presumed to have no lawful or legal owner and is declared to be running at large and a public nuisance. The dog/s may be seized and impounded by the animal control officer or designee.

B. Registered Dogs. All dogs registered and wearing the city of Burlington issued license tag and off the private property of the owner or caretaker shall be declared to be running at large and a public nuisance. Such dog/s may be seized and impounded by the animal control officer or designated city officer.

C. Notification – Redemption or Disposal. An animal control officer may impound any dog committing or involved in acts which violate this chapter, or any other city ordinance, or impound any dog which is being subjected to cruel treatment as defined in this chapter. After the dog is impounded, the animal control officer or designee shall determine if the dog is licensed, registered, or otherwise identifiable, and may return the dog to its owner, or if the animal control officer finds it necessary for the protection of the dog or the public to keep the dog in custody, the animal control officer shall notify the owner of the dog within a reasonable time as set forth below:

Any dog seized and impounded for any reason by the animal control officer may be held at the Burlington police department or delivered to a boarding facility which the city of Burlington contracts with, or another boarding facility which is available. The animal control officer may at his/her discretion place the dog in foster care with a volunteer known to the department during the redemption period. The volunteer is responsible for costs incurred while caring for the dog during this period. The city of Burlington shall pay the contracted boarding facility the fee required for the impoundment of the dog.

If any dog is impounded for any reason pursuant to this chapter, the owner, if known, shall be timely notified of the impounding of the dog, the date of the impounding, the reason thereof by telephone or regular mail or by leaving written notice at the address contained in the license application, and whether release of the dog may be authorized by the animal control officer or other designee, and if so, the terms and conditions upon which the dog may be redeemed. The dog will be held for its owner for at least 120 hours commencing with impoundment.

Upon impounding of any dog, the animal control officer shall record within 24 hours of impounding the dog by documenting the breed, color, sex, and other identifying characteristics including the date and place of apprehension. Such information shall be kept in a database at the Burlington police department and is available upon request.

All impound periods shall continue to run during nonbusiness hours, weekends and holidays.

D. The animal control officer or the staff of a city-designated animal shelter or boarding facility may provide necessary vaccinations against contagious diseases to any impounded dog/s.

E. If redemption of any impounded dog is authorized, the animal control officer may fix terms and conditions for redemption and shall require payment of actual expenses for the dog, including reasonable charges of the boarding facility, reasonable veterinarian costs if health care was deemed necessary, actual costs of quarantine if applicable, plus a distraining fee of $75.00. If no license tag has been issued for the current year, the owner shall pay the annual license fee required, or if the tag is lost, the replacement fee.

F. Payment of redemption fees shall be exclusive of fine or penalties imposed upon the owner for a violation of any provision of this chapter.

G. Any dog which has been impounded must be redeemed by the owner within the time set forth above provided the redemption is authorized. A dog may be redeemed by the owner or the owner’s agent by obtaining a validated dog impound release at the Burlington police department. The release will be validated upon submitting proof of ownership and payment of fees and costs as set forth by the animal control officer. If a dog is not redeemed, the dog shall be subject to being humanely destroyed by a boarding facility, or may be kept and offered for adoption following the guidelines set by the boarding facility.

H. Any dog impounded by the animal control officer or designee and made available for adoption by the city, or designated boarding facility, shall be spayed or neutered prior to adoption. Except, that a dog deemed by a licensed veterinarian to be suffering any condition making it unsuitable for alteration may be stayed the procedure until conditions improve. Expenses for alteration shall not be borne by the city.

I. No live dog impounded by the city shall be used, donated, or sold for experimentation purposes.

J. Redemption of an impounded dog may be denied to an owner who has cruelly treated a dog as defined by this chapter or to an owner of a dog that has engaged in a nuisance or destructive behavior as defined in this chapter.

Should an owner be denied redemption, that owner may file an appeal with the Burlington municipal court within seven business days following service of the notice of denial. If service is made by mail, service shall be deemed complete upon the third day following the day upon which the notice is placed in the mail.

K. Dogs delivered for impoundment by animal control officers or police officers that have been removed from the possession of persons detained or incarcerated for a crime shall be held not less than 120 hours. An impoundment notice shall be delivered to the detained person along with instructions for redemption. The impound notice shall serve as notice to the owner required by this chapter. An officer shall make a reasonable attempt to place the dog with a responsible person, family member of the detained person, or animal rescue service; however, failure to successfully place the dog shall not relieve the dog owner from the responsibility for all reasonable fees associated with impoundment.

L. Impounded Dogs – Redemption Fees. Any dog impounded pursuant to the provisions of this chapter or other city ordinances may be redeemed upon payment by its owner of all redemption fees as set out below and upon evidence satisfactory to the animal control officer that the violation has been corrected or by the order of the court following an appeal and hearing as set out in this chapter. Redemption fees include the following as applicable:

1. Actual boarding costs for the dog by facility;

2. Actual cost of quarantine;

3. Emergency medical expenses due to illness, disease, or injury;

4. Distrain fee of $75.00, or fee charged by contracted shelter;

5. Licensing fee.

All redemption fees are the obligation of the owner even if the dog is implicitly abandoned or expressly relinquished. (Ord. 1667 § 2, 2009).

6.05.200 Disposition of fees.

All monies collected as license fees pursuant to this chapter shall be remitted to the city of Burlington. (Ord. 1667 § 2, 2009).

6.05.210 Animal waste.

A. It is unlawful for the owner or caretaker of any dog or other animal, either willfully, or by failure to exercise due care, to permit the animal to commit a public nuisance by defecating upon private property without permission of the owner or custodian thereof, upon the public sidewalk, in or upon any public street, or any other public place. Every person who owns or who has under his or her control or care any animal shall be responsible for immediately picking up and removing any waste or manure left by the animal.

B. It is unlawful for an owner or caretaker to allow animal waste to accumulate on the owner’s or caretaker’s property so as to cause a nuisance.

C. Any person who violates this section of this chapter shall have committed a civil infraction and shall be assessed a monetary penalty in the amount of $50.00 for each offense. (Ord. 1667 § 2, 2009).

6.05.220 Destruction of animals.

A. Any animal suffering from serious injury or disease may be humanely destroyed by the impounding authority with the assistance of a licensed veterinarian, when practicable; provided, that the impounding authority shall immediately notify the owner, if the owner is known, and if the owner is unknown, the agency shall make a reasonable effort to locate and notify the owner prior to destroying the animal.

B. Dangerous Animals. If any dangerous, vicious, or depredatory animal or any animal known to have rabies cannot be safely impounded, the animal may be destroyed by an animal control officer, or other official from the Burlington police department. (Ord. 1667 § 2, 2009).

6.05.230 Trapping of strays (RCW 77.36.030).

The practice of trapping dogs or cats for the purpose of euthanizing the animal shall be unlawful except in cases of disease or injury, or where attempts to place the healthy animal(s) in a home, colony, or sanctuary have been unsuccessful or options do not exist locally. Further, it shall be unlawful to employ or be employed for the express purpose of trapping and killing free-roaming dogs or cats as a means to eliminate a nuisance. This section shall not prohibit an animal control officer or police officer from carrying out their lawful duties as otherwise specifically permitted under this chapter.

It shall be unlawful for any person to use inhumane methods to capture stray dogs or cats. Traps and the trapping of stray dogs or cats shall conform to RCW 77.36.030 and the following:

A. Traps shall be covered with breathable material that prevents the trapped animal from viewing its surroundings.

B. Traps shall not be left unattended for more than two hours during periods of weather involving precipitation or abnormal heat, cold, wind, or any other condition that would amount to cruel treatment as defined in this chapter.

C. Traps near streams or ponds shall be secured to prevent movement.

D. Traps unprotected from weather or predators shall not be left set overnight. (Ord. 1667 § 2, 2009).

6.05.240 Sanctuary.

It shall be unlawful to establish or maintain a sanctuary for feral, stray or abandoned animals within the city limits, except if and where allowed by BMC Title 17. (Ord. 1667 § 2, 2009).

6.05.250 Poisoning of animals.

No person shall place or expose or cause to be placed or exposed any poisonous substance which, if taken internally by a human or animal may cause death or injury; provided, that the placement of poison bait solely for the purpose of controlling rats, mice, and similar vermin shall not be made unlawful by this section. The provision of this chapter shall not apply to the killing by poison of any animal in a lawful and humane manner by its owner or by a duly authorized agent of the owner or by a person acting pursuant to instructions from a duly constituted public authority. (Ord. 1667 § 2, 2009).

6.05.260 Biting animals – Duty to report – Confinement – Penalty.

A. When any animal has bitten or attacked any person or is suspected of having rabies, it shall be the duty of any person having knowledge of such facts to immediately report the same to the police department. Bites occurring in a veterinary clinic or hospital, grooming parlor, or shelter are not subject to mandatory reporting; however, this does not relieve the owner or caretaker of the reporting requirements of the Skagit County health department.

B. It is unlawful for the owner of any animal, when notified that the animal has bitten any person or has injured any person so as to cause an abrasion of the skin, to sell or give away the animal or permit the animal to be taken beyond the limits of the city of Burlington except to a veterinary hospital. It shall be the duty of the owner upon receiving notice of the animal’s rabies, or injurious acts, to immediately place the animal in a duly licensed veterinary hospital for confinement for a period of at least 10 days, or to deliver the animal to the animal control officer for placement or similar confinement. No person shall release or remove any animal from its place of confinement to another place without the consent of and conditions imposed by the animal control officer. Upon authorization of a licensed veterinarian, an animal may be released from confinement to the custody of the owner upon the owner’s undertaking to keep the animal securely confined to the premises of the owner and segregated from other animals during the observation period. The confinement of any animal shall be at the expense of the owner and/or caretaker and no person shall refuse to surrender any animal for quarantine when a demand is made by the animal control officer.

C. The suspect animal, which is known to have bitten or injured any person as to cause an abrasion to the skin, may also be placed on an in-home quarantine at the approval of the animal control officer, and shall not be destroyed until at least 10 days after onset of symptoms suggestive of rabies. The animal control officer or another officer of the Burlington police department may inspect the site at which the animal will be kept during the quarantine period. The animal must be kept secured in the house or area approved by the animal control officer during the quarantine period and must be on a leash controlled by a responsible person when taken outside for bathroom purposes. Should the animal be found running at large during the quarantine period, it will be immediately impounded and placed in confinement at an approved facility or shelter for the duration of the quarantine, and will be at the sole expense of the owner.

D. Any animal which is known to have bitten another animal leaving puncture wounds, or caused the death of another animal, and does not have current rabies vaccinations, or proof of such, may be at the discretion and direction of the animal control officer placed in quarantine for a period of 10 days, and shall not be destroyed until the 10-day period has passed. The suspect animal may be placed on an in-home quarantine with the approval of the animal control officer. The suspect animal must be kept secured in the house or area approved by the animal control officer and is subject to inspection during the time of quarantine by the animal control officer or any other officer of the Burlington police department. Should the animal be found running at large during the quarantine period, it will be impounded and placed in confinement at an approved facility or shelter for the duration of the quarantine, and at the sole expense of the owner.

E. In the event that the animal control officer has reason to suspect that an animal is rabid, the appropriate officials of Skagit County health department shall be notified, and the officer shall coordinate any further activities with the health department. The Skagit County health department shall have jurisdiction over any matter possibly involving rabies. WAC 246-100-191(3), together with amendments thereto, are incorporated in this chapter by reference and prevail over any conflicting provision of this chapter in any suspected rabies matter.

F. It shall be a violation of this chapter for any owner or caretaker to whom an order of rabies quarantine is issued, to knowingly, recklessly, or with criminal negligence permit the order of rabies quarantine to be broken. The animal may be impounded and held by the city at the owner’s and/or caretaker’s expense for the remainder of the quarantine.

G. No person shall refuse to surrender any animal for quarantine to the animal control officer when a demand has been made by the animal control officer, or any other officer of the Burlington police department.

H. Redemption of the animal is subject to payment of fees allowable under this chapter.

I. A publicly owned police dog with a current rabies vaccination shall be exempt from quarantine unless ordered by the Skagit County health officer.

J. Any person refusing or failing to comply with the provisions of this chapter or with the order or directives of the animal control officer relating thereto shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed $1,000 and up to 90 days’ confinement. (Ord. 1667 § 2, 2009).

6.05.270 Rabies – Report required.

Anyone having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the facts immediately to the animal control officer or Burlington police department. The animal control officer or Burlington police department shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal. It shall also be the duty of any physician upon treatment of any person bitten by any animal to immediately report the name and address of the person to the city of Burlington or Burlington police department. (Ord. 1667 § 2, 2009).

6.05.280 Rabies vaccination.

All persons owning or keeping an animal over the age of six months inside the city limits shall be required to maintain current rabies vaccinations from a licensed veterinarian. All persons seeking to register an animal shall be required to show proof of current rabies vaccination from a licensed veterinarian within 30 days prior to obtaining a registration/license tag. A durable and traceable rabies tag provided by the veterinarian shall be securely affixed to a collar and worn by the animal when outside or away from the owner’s home or other enclosure. (Ord. 1667 § 2, 2009).

6.05.290 Rabies carrier.

It is unlawful to own, keep or harbor within the city bats or any species of animals designated as unlawful by the Washington State Department of Health pursuant to WAC 246-100-191 by reason of the species being a transmitter of rabies to humans, including any bat, skunk, fox, coyote or raccoon, except under circumstances permitted by WAC 246-100-191, which is incorporated herein by reference. (Ord. 1667 § 2, 2009).

6.05.300 Duty when striking domestic animal with motor vehicle.

If any person while operating a motor vehicle strikes a domestic animal, that person shall stop at once, render reasonable assistance, and shall immediately report the injury or death to the animal control officer or police officer.

This section shall not be construed as requiring the person striking the animal with a motor vehicle to be financially responsible for the injury or death of the animal. (Ord. 1667 § 2, 2009).

6.05.310 Found stray dog.

It is the duty of any person who takes a stray dog into his/her possession to notify the city animal control officer or police officer at once, and to release the dog to the officer upon demand and without charge. The intent of this section shall be satisfied by the person providing a telephonic or electronic message when notification occurs after business hours. (Ord. 1667 § 2, 2009).

6.05.320 Scientific experimentation.

It shall be unlawful for any person to deliver, sell, offer, or give any animal for scientific experimentation which involves any cruel or inhumane treatment. It shall be unlawful for any person to conduct scientific experimentation on any animal which involves cruel or inhumane treatment. (Ord. 1667 § 2, 2009).

6.05.330 Police dogs – Exemption.

All police dogs owned by a public law enforcement agency and being used for duty or training shall be exempt from all provisions of the Burlington Municipal Code relating to animal control. If a police dog is required in BMC 6.05.260(I) to be quarantined, the dog will be remanded to the control of its agency. (Ord. 1667 § 2, 2009).

6.05.340 Designated animal control officer.

Any officer performing the functions of an animal control officer shall not be personally liable for damages resulting from enforcement of this chapter. It shall be the jurisdiction of the police department to enforce provisions of this chapter or of another city ordinance, or state RCW relating to animal welfare, cruelty, and animal control by any lawful means including, but not limited to, arrest, the issuance of criminal citations, notice of civil infractions, orders to abate, or issuance of warnings. (Ord. 1667 § 2, 2009).

6.05.350 Designated animal control officer – Powers and duties.

The animal control officer is authorized to take such lawful actions as may be required to enforce provisions of this chapter, state RCW, and other city ordinances relating to animal welfare, control, and cruelty prevention. The animal control officer, while in hot pursuit of any animal observed by the officer to be in violation of this chapter, or being treated cruelly in violation of this chapter, may enter onto public or private property, for the purposes of enforcing the code provision violated; provided, that the entry into a building designated for and used for private purposes may be accomplished only with the consent of the owner or lawful occupant of the premises, or upon the issuance of a proper search or arrest warrant. (Ord. 1667 § 2, 2009).

6.05.360 Designated animal control officer – Obstruction.

It is unlawful for any person, without lawful reason, to knowingly hinder, resist, delay or obstruct any animal control officer or police officer in the performance of his/her duties under this chapter. Obstruction of an animal control officer or police officer is a misdemeanor, punishable as set forth in RCW 9A.76.020. (Ord. 1667 § 2, 2009).

6.05.370 Enforcement.

A. It is the express 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 be especially protected or benefited by the terms of this chapter. It is the specific intent of this chapter that neither provision nor any term used in this chapter be intended to impose any duty whatsoever upon the city for any of its officers, employees, agents, or volunteers, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.

B. 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, its officers, employees, volunteers, or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees, volunteers or agents. Any and all liability and consequential damage resulting from any official performing the functions of an animal control officer and enforcement of this chapter is hereby disclaimed and governmental immunity as provided by law is retained. (Ord. 1667 § 2, 2009).

6.05.380 Complaints – Adjudication of grievances.

Any owner or caretaker aggrieved as the result of an impoundment, conditions for redemption, or deprivation pursuant to the provisions of this chapter may request a hearing before the Burlington municipal court judge to determine the justification of such classification, or the requirements imposed as a condition of redeeming the animal, per impoundment, or any determination, that the animal has been cruelly treated, neglected or abandoned. In the event the court confirms the classification and/or requirements, or determination that the animal has been cruelly treated, neglected or abandoned, the owner or caretaker shall pay the costs of such hearing including filing fee and the fees for witnesses called in support of the official action if applicable. (Ord. 1667 § 2, 2009).

6.05.390 Cruelty to animals.

It is unlawful for any person within the city to knowingly, or with criminal negligence to commit, singly or together, any of the following acts or omissions, or to aid or abet another person in the commission of such acts or omissions, which are deemed to constitute cruel treatment of animals:

A. To cause or allow any animal to endure pain, suffering, injury or to fail or neglect to aid or attempt to alleviate pain, suffering or injury which the person has caused to any animal. Such aid shall include the provision of needed veterinary care;

B. To fail to provide minimum care to any animal within the person’s care, custody or control; for the purpose of this section, “minimum care” means care sufficient to preserve the health and well-being of an animal and except for emergencies or circumstances beyond the reasonable control of the owner or caretaker, includes, but is not limited to, the following requirements:

1. In each period of 24 consecutive hours, to provide food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

2. In each period of 24 consecutive hours, to provide open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Neither ice or snow is an adequate water source;

3. In the case of domestic animals, to provide a barn, doghouse, or other enclosed structure sufficient to protect the animal from the wind, rain, snow, or sun, and which has adequate bedding to protect against cold or dampness;

4. To provide veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect, or disease;

5. No domestic animal shall be confined to an area with inadequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest, or adequate ventilation. Confinement areas must be kept reasonably clean and free from excess mud, waste, or other contaminants which could affect the animal’s health;

6. Grooming as necessary to preserve the animal’s health and well-being;

C. To tether, confine or restrain any animal in a way as to permit the animal to become frequently entangled in the tether, or to render the animal incapable of consuming food or water, or of using the shelter provided for it, while at the same time allowing adequate space for freedom of movement. For the purposes of this section it shall be a rebuttable presumption that a tether of no less than 12 feet shall provide adequate space;

D. To abandon any animal by leaving the animal in a public place, on private property or property of another;

E. To confine an animal within or on a motor vehicle or other structure or enclosure at any location when unattended and under such circumstances as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water, or confinement with a vicious animal;

F. To transport or confine any living animal on the outside part of a motor vehicle except where attached to the vehicle by a suitable harness, leash, cage, or other enclosure that protects the animal from falling or being thrown therefrom and which prevents the animal from leaving the vehicle while unattended. The outer part of the vehicle includes the running board, fender, hood of any motor vehicle or the flat bed of a truck and/or open portion (bed) of a pickup truck;

G. To place any food, drink, or other substance of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domestic animals. Care shall be taken to avoid open containers or spills of antifreeze or other toxic substances;

H. To knowingly and intentionally, whether for amusement of self or others, or for financial gain, cause any animal to fight or injure another animal, cause the animal to be fought or injured by another animal or to train or keep for the purpose of training any animal with the intent that the animal shall be exhibited combatively with any other animal. Any person who permits such conduct on premises under that person’s control, and any person present as a spectator at that exhibition, shall be considered a violator of this subsection; provided, that this section shall not be construed to address any actions properly characterized as a felony under state law RCW 16.52.117;

I. To sell, offer for sale, or to give away any living baby rabbits, chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to have an artificial color; provided, that this shall not prohibit the sale or display of natural baby rabbits, chicks, ducklings or other fowl in proper breeder facilities or stores engaged in selling them for commercial purposes;

J. To abandon or to transfer to another person by gift, sale or exchange for consideration, any animal in or upon any sidewalk, street, alley, lane, public right-of-way, park, or other public property except when the transfer takes place at a sale conducted by a public body or public officer, when the transfer takes place at an animal show or exhibition conducted by or for persons who regularly engage in the practice of breeding animals for show or exhibition, or when one of the parties to the transfer is a member of an animal welfare organization and is acting on its behalf.

Violation of any of the provisions of this section under circumstances not amounting to animal cruelty in the first or second degree per RCW 16.52.205 and 16.52.207 shall constitute a misdemeanor, and may be punished in accordance with BMC 1.24.020. (Ord. 1667 § 2, 2009).

6.05.400 Violation – Penalty.

A. Unless otherwise specifically provided, any person violating any of the provisions of this chapter is guilty of a misdemeanor and shall be punished by the laws of the state and BMC 1.24.020.

B. In addition to any civil penalty or criminal sentence as provided by this chapter, the owner of the animal, whether licensed or not, shall be liable for actual expenses for boarding the animal, including reasonable charges by the contracted or approved shelter or approved facility used by the Burlington police department, and if necessary, for the cost of its medical care if needed, and/or destruction.

C. The provisions of chapter 46.63 RCW for the disposition of traffic infractions apply to the disposition of all civil infractions set forth in this section except as follows:

1. The provisions of chapter 46.63 RCW relating to the provision of records to the Department of Licensing in accordance with RCW 46.20.270 are not applicable to this section;

2. The provisions in chapter 46.63 RCW relating the imposition of sanctions against a person’s driver’s license or vehicle license are not applicable to this section.

D. Any person who commits a civil infraction as defined in this chapter shall be subject to penalty as follows:

1. Upon the first violation in a 12-month period, a fine of $50.00;

2. Upon a second violation in a 12-month period, a fine of $75.00;

3. Upon a third violation in a 12-month period, a fine of $100.00;

4. Upon a fourth violation in a 12-month period, a fine of $150.00. (Animal may be abated per BMC 6.05.160.)

E. Any person violating provisions of this chapter is guilty of a misdemeanor and shall be punished as set forth.

Any owner who fails to respond to a notice of a civil infraction as promised or appear at a requested hearing shall be guilty of a misdemeanor and may be punished by a fine not to exceed $1,000 and confinement not to exceed 90 days. Any person who receives four infractions for violations of this chapter within one year and who subsequently violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and a fine not to exceed $1,000. (Ord. 1667 § 2, 2009).

6.05.410 Severability.

In the event any term or condition of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this chapter which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this chapter are declared severable. (Ord. 1667 § 2, 2009).