Chapter 6.30 REGULATIONS

A. Unlawful to Sell or Give Away in Quantity Under Six. It shall be unlawful for any person, firm or corporation to sell or offer for sale, barter or give away living baby chicks, rabbits, ducklings or other fowl under two months of age in any quantity less than six.

B. Artificial Coloring Unlawful. It shall be unlawful for any person, firm or corporation to sell or offer for sale, barter, give away or display living baby chicks, rabbits, ducklings or other fowl which have been dyed, colored or otherwise treated so as to impart to them an artificial color.

C. Commercial Sale Not Affected. This section shall not be construed to prohibit the sale or display of natural baby chicks, rabbits, ducklings or other fowl in proper brooder facilities by hatcheries or stores engaged in the business of selling them for commercial purposes. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.020 Wild, exotic, and vicious animals.

A. Permit Required for Keeping Wild, Exotic, or Vicious Animals. No person shall have, keep or maintain, or have in his possession or under his control, within the town which is zoned residential, any lion, tiger, bear, chimpanzee, gorilla, cougar, mountain lion, badger, wolf, coyote, fox, lynx or any poisonous reptile or serpent, or any other dangerous or carnivorous wild animal or reptile; provided, however, that in those areas zoned other than residential such animals may be permitted on the condition that a permit is obtained from the town or its duly authorized representative. Such permit shall only be granted upon a 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 or reptile, eliminating any danger to individuals or property; and provided, that the keeping or maintaining of any such animal will in no way constitute a nuisance to the occupants of any surrounding property.

B. Allowing Wild, Exotic, or Vicious Animals to Run at Large Prohibited. No person owning or having charge, custody, control, or possession of any animal specified in this section shall permit or allow the same to run at large upon any highway, street, lane, alley, court, or any other place, public or private, or within the premises of such person, in such manner as to endanger any person lawfully entering such premises. The owner of an exotic animal must keep the animal, at all times, contained within a fence or cage consistent with the age, size and species of the animal, such that the animal cannot run at large.

C. Exception for Circuses, Zoos, and Transportation of Wild Animals. This section shall not apply to any person keeping or maintaining or having in his possession or under his control any animal defined in that section when such person is transporting such animal or reptile through the town; provided, he has taken adequate safeguards to protect the public and has notified the police department of his proposed route of transportation and of the time that such trip is to take place; nor shall this section apply to any person who has custody of such animals or reptiles in connection with the operation of any zoo or circus or in connection with any program of medical or scientific research; provided, such person has taken adequate measures to safeguard persons and property.

D. No person shall own any wild animal unless he has obtained a permit from the State Game Department and/or Federal Fish and Wildlife Service. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.030 Animals – Control.

A. Animals Running at Large on Public Grounds. It is unlawful for the owner or person having control of any animal except a cat to suffer or permit under any circumstances the same, whether licensed or not, to run at large unleashed on any public property or on any private property without the permission of the property owner. Any animal so straying upon any public or private property may be declared to be a nuisance and may be immediately seized and impounded; provided, that this section shall not prohibit a person from walking or exercising a dog in a public park or on a public beach, upon any streets or alleys of Eatonville when such dog is on a leash and proper safeguards are taken to protect the public and property from injury or damage from the animal.

B. The animal control officer or any other law enforcement officer may, in fresh pursuit, pursue any sick, dangerous or vicious animal running at large onto private property in an attempt to take up and impound said animal.

C. Confinement of Dogs or Cats in Heat. Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that the female dog or cat cannot come into contact with another animal except for planned breeding.

D. Animals Creating Nuisance.

1. It is unlawful for an owner to keep or harbor any dog or cat or other animal which, by frequent or habitual howling, yelping, barking or the making of other noises, annoys or disturbs a neighborhood. Any such dog or cat may be deemed a nuisance and may be seized and impounded.

2. Any dog or cat who prowls through or tips over any garbage can or other closed refuse container, any dog or cat who attracts any other animal, or any dog or cat who enters upon public or private property so as to damage or destroy any property or thing of value, any dog or cat who snarls and growls at or snaps or jumps upon or threatens persons lawfully upon the public sidewalks, streets, alleys or public places, or causes the persons to fear for their personal safety, may also be declared to be a public nuisance. Such dog or cat may be impounded at the owner’s expense, whether licensed or not. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.040 Rabies control.

A. Duty of Owner, Custodian and Health Officer.

1. It is the duty of the owner and/or custodian of any dog or cat within Eatonville to quarantine any dog or cat which the owner/custodian has grounds to suspect of being infected with the disease of rabies or hydrophobia.

2. If the police department:

a. Has grounds to suspect that any dog or cat running at large in the town is infected with rabies or hydrophobia; and

b. Has notice that the dog’s or cat’s owner or custodian cannot be determined; and

c. Is able to locate and confine the animal; the police department shall quarantine the animal as provided in this chapter. The biting of a human being by a dog or cat causing penetration of the skin by the animal’s teeth is specifically declared grounds for suspecting that such animal is so infected.

B. Quarantine – Notice to Owner. The police department may initiate a quarantine by delivering to the owner or by hand delivering to a responsible person present on the premises a written notice of such quarantine which shall prescribe the duration of the quarantine period; provided, that the period of the quarantine shall not exceed 10 days, unless it is determined that the animal is infected with rabies. The delivery of the notice of quarantine to a responsible person present upon the premises where such animal is kept shall be considered service of a notice upon the owner or custodian. Any such animals so quarantined shall be impounded in the town-approved shelter or Pierce County animal shelter or a local veterinary clinic’s kennel; provided further, that in the discretion of the police department, the animal may be quarantined upon the premises of the owner of any other person so long as the requirements of the quarantine are strictly fulfilled.

C. Quarantine – Duties of Owner. During the period of any quarantine, the owner or custodian of a quarantined animal shall not allow the animal to come in contact with any other animal or person or permit such animal to run at large outside of the premises where quarantined or upon the premises itself, unless the premises are enclosed by a secure fence from which the animal cannot escape. When the fence encloses the access to the premises, the animal must be restricted to leave free access to those persons lawfully entering the premises. The owner or custodian shall not remove or cause the animal to be removed from the premises without the proper consent of the police department. These restrictions shall continue until the animal is released from quarantine. If any animal is found running at large after the commencement of the quarantine period or is removed from the premises where quarantined, it shall be impounded and, unless claimed and redeemed by its owner or custodian within three working days after the expiration of the quarantine period, may be destroyed by the proper authorities.

D. Handling of an Animal Bitten by Rabid Animal. When an animal is known to have been bitten by a rabid animal, the following procedures shall be followed:

1. Unvaccinated Animal. An unvaccinated animal shall be immediately destroyed, unless health department regulations provide otherwise; provided, that upon the election of the owner, the animal may be kept at its owner’s expense in strict isolation in a kennel under veterinary supervision for a minimum period of six months following the bite. The head/brain of a dog that has bitten someone must be reserved in order to test for rabies.

2. Vaccinated Animal. A vaccinated animal shall be handled as follows:

a. The animal shall be immediately revaccinated with an approved rabies vaccine and confined under the supervision of a veterinarian for a period of 30 days following revaccination; or

b. If the animal is not immediately revaccinated, it shall be confined in strict isolation in a kennel for six months under the supervision of a veterinarian; or

c. The animal shall be destroyed if the owner or custodian does not comply with subsections (D)(2)(a) or (b) of this section.

E. Publication of Notice of Outbreak of Rabies. Upon any outbreak of rabies or when rabies has been diagnosed within the town and when in the judgment of the police department there is imminent danger of the spread of the disease, the police department shall publish a notice to that effect in the official newspaper of the town for three successive issues. For a period of six weeks following the final publication of the notice, the owner/custodian of the animal shall keep the animal securely confined at all times by leash or in a tight enclosure from which the animal cannot escape. During such period, any animal found running at large in the town shall be impounded and, unless claimed and redeemed by its owner within three working days following such impounding, may be destroyed by the proper authorities. Any person charged with the enforcement of this chapter may destroy any animal found running at large within the town when, after reasonable effort, he is unable to impound the animal or, after reasonable investigation, is unable to locate the owner or custodian thereof. The police department has authority to extend the six-week period for additional six-week periods by notice given in the manner provided in this section until, in his judgment, the imminent danger of the spread of the disease is no longer present.

F. Procedure. The police department is authorized and directed to develop a quarantine program for dogs, cats, and other household pets and otherwise to develop procedures for the enforcement of this chapter. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.050 Kennels.

A. It is unlawful to own, maintain or operate a kennel in the town without having a current kennel license and current individual kennel license tags for each dog/cat therein. Kennels shall only be licensed in properly zoned areas per the Eatonville zoning code.

B. Kennel Inspection – Conditions Required. Upon proper filing of an application for an animal kennel license the police department or an authorized agent shall inspect the premises of the proposed kennel. No license shall be granted unless the inspection discloses that the following conditions are all met:

1. Proposed kennel facilities must comply with the International Building Code or as specified in this code;

2. Space must be available for protecting all animals from the weather at all times, and for isolating sick or diseased animals from healthy animals;

3. Walls and ceilings of structures in which dogs will be housed must be constructed in such a way as to permit them to be maintained in a sanitary condition;

4. Floors of such structures must be constructed of material which is tight and which permits floors to be maintained in a sanitary condition;

5. Roaming areas must be fenced, graded and drained in such a way as to prevent accumulation of waste or pools of water;

6. Feeding troughs or bins must be so constructed as to permit sanitation.

C. Granting or Denial of License. Following inspection, the application for a kennel license shall be granted or denied. Any interested person may appeal the decision to grant or deny a license to the town council by filing a written notice of appeal within 10 days of the date of written notice of the decision. Following a hearing, the council shall affirm or reverse the decision, or shall remand the matter with instructions to conduct further inspections.

D. Number of Animals Kept in Kennel – License Transfer. Every license shall state on its face the owner and operator of the kennel, the kennel address, and the maximum number of animals which can be kept in the kennel at any one time. This number shall be determined by the inspector or agent who inspected the premises, and can be modified by the inspector or agent from time to time if kennel conditions or facilities change. No license shall be transferred from one licensee to another, nor shall the location of any kennel be changed, without prior permission of the police department or authorized agent. Such change or transfer shall be granted only after appropriate inspections have been conducted.

E. Kennel License Suspension or Revocation – Standards of Operation. Following a hearing, of which the licensee shall have been given not less than 10 days’ notice, and at which he may appear and present evidence, the town council may temporarily suspend or permanently revoke a kennel license for failure to meet any of the following standards of operation:

1. Every kennel operator shall maintain a register, on which shall be fully and currently listed the names and addresses of persons from whom animals are received and to whom animals are sold, traded or given, which register shall be made available for inspection by town officials and their agents at all reasonable times.

2. Animals must not be overcrowded, nor may more animals be kept at any kennel than are permitted by that kennel’s license.

3. Animals shall not be exposed to harsh weather or temperatures; nor left without care or control for more than 24 consecutive hours; nor teased, abused or tormented in any way; nor quartered in such proximity as to cause injury, fear or torment; nor exposed to any equipment or material capable of causing injury.

4. Confined or restrained animals shall be given proper exercise.

5. No animal unfit because of exhaustion, illness or lameness shall be sold, rented or worked by any kennel operator.

6. No animal whose appearance is contrary to public decency shall be displayed by any kennel operator.

7. No animal in the custody of a kennel operator shall be allowed to menace the health, peace or safety of the community.

8. Food for animals shall be stored in rodent-proof containers; shall be fed by means of troughs or bins rather than scattering on the ground or floor of kennel premises; and shall, when unconsumed and perishable, be collected after each feeding and placed, pending disposal, in containers which are fly-proof and watertight.

9. Manure must be collected daily, stored in watertight and fly-proof pit or chamber, and disposed of either by burial or by some method equally effective in preventing odor or fly problems. Manure may not be burned.

10. Ill and diseased animals shall be promptly isolated from healthy animals, to assure nontransmission of the illness or disease. Facilities, utensils and equipment exposed to an ill or diseased animal shall not be reused until thoroughly and effectively sanitized.

11. Carcasses of such animals shall not be buried within the town limits, but shall be disposed of outside of the town limits, consistent with state law and county regulations. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.060 Poultry.

A. Running at Large Prohibited.

1. It is unlawful to permit any chickens, ducks, geese, turkeys, or other domestic or wild fowls to run at large within corporate limits.

2. Poultry shall be deemed running at large within the meaning of this section when off the owner’s premises and not within his immediate control.

B. Zoning Compliance Required.

1. It is unlawful to raise, care for, breed, maintain or induce the propagation of pigeons or other similar birds or poultry primarily for resale or profit within residential or commercial zones.

2. It is unlawful to raise, care for, breed, maintain, or induce the propagation of more than five pairs of pigeons or similar birds or poultry for any purpose whatsoever within residential or commercial zones.

3. Any building, loft, or other structure used in part or whole for any of the purposes set forth in this section is hereby denominated an accessory building as such is defined in the Eatonville zoning ordinance, and shall conform to the size and setback limitations as prescribed therefor. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.070 Rabbits.

A. Running at Large Prohibited.

1. It is unlawful to permit rabbits to run at large within corporate limits.

2. Rabbits shall be deemed running at large within the meaning of this section when off the owner’s premises and not within his immediate control.

B. Zoning Compliance Required.

1. It is unlawful to raise, care for, breed, maintain or induce the propagation of rabbits primarily for resale or profit within residential or commercial zones.

2. It is unlawful to raise, care for, breed, maintain, or induce the propagation of more than five pairs of rabbits or similar animals for any purpose whatsoever within residential or commercial zones.

6.30.080 Cruelty to animals.

It shall be unlawful for any person to deprive any animal of necessary sustenance or cruelly beat, torment, torture or cause any animal to suffer inhumanely, or to kill any animal in an inhumane manner. Any person violating this chapter shall be guilty of a misdemeanor and subject to the general penalty ordinance of the town. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.090 Poisoning of animals.

No person shall intentionally place or expose or cause to be placed or exposed in any yard or lot of vacant or enclosed land, or on any gallery, fence, doorstep or porch, or in any outhouse or in any exposed place or public place, or on any street, alley or highway or other place where the same may be taken internally by a child, person, or by any domestic animal or fowl, any poisonous substance which, if taken internally, may cause death or serious sickness; provided, that the provisions of this section shall not apply to the killing by poison of any domestic animal or domestic bird in a lawful or humane manner by the owner thereof or by a duly authorized servant or agent of such owner or by person acting pursuant to instructions from a duly constituted public authority. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.100 Duties upon injury or death to an animal.

The operator of a vehicle involved in an accident resulting in injury or death to a domestic or other animal shall immediately stop the vehicle at or as near to the scene of the accident as possible, and return thereto, and shall give to the owner or other competent person having custody of the animal the name and address of the operator of the vehicle and the registration number of the vehicle involved in the accident. If the owner or other competent person is not the person at the scene of the accident, the operator shall take reasonable steps to locate the owner or custodian of the animal and shall supply the information required in this section. If the animal is injured to the extent that it requires immediate medical attention and there is no owner or custodian present to look after it, the operator of the vehicle shall immediately notify the police department. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.110 Abandoned animals.

Any person who shall impound or confine or cause to be impounded or confined any domestic animal shall supply the same during such confinement with a sufficient quantity of good and wholesome food and water. In case any domestic animal shall be impounded or confined as aforesaid and shall continue to be without necessary food and water for more than 32 consecutive hours, it shall be lawful for any person, from time to time, as it shall be deemed necessary, to enter into and open any pound or place of confinement in which any domestic animal shall be confined, and supply it with necessary food and water so long as it is confined. Such person shall not be liable to action for such entry, and the reasonable cost of such food and water may be collected by him from the owner/custodian of such animal, and the animal shall be subject to attachment therefor and shall not be exempt from levy and sale upon execution issued upon a judgment therefor. If an investigating officer finds it extremely difficult to supply such animals with food and water, the officer may remove the animals to protective custody for that purpose. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.120 Guard dogs.

Repealed by Ord. 2015-06. (Ord. 2001-12 § 1, 2002).

6.30.130 Slaughtering.

No person shall kill or slaughter, within the city, any animal or animals, the flesh of which is intended to be sold or offered for sale or consumption. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.140 Livestock.

A. Required Open Space and Minimum Dimensional Requirements for Pasturing. There shall be not less than 10,000 square feet of open space for maintaining and pasturing the first livestock animal on any parcel of property, and an additional 5,000 square feet shall be required for each additional livestock animal. In addition, the following minimum dimensional requirements for open space and pasturing purposes shall be provided:

1. The pasture area shall have a minimum width of 80 feet;

2. The stable housing the livestock animals shall be set back at least 30 feet from any side, rear and front property lines;

3. In the event any livestock animal gives birth, thereby exceeding the number of livestock animals allowed by the minimum set forth in this subsection, the owner of said livestock animal and/or the occupier of the premises shall conform to the number of livestock animals for the dimensional requirements within one year of the birth of the animal.

B. Fencing. The owner and/or tenant and/or other occupier of the premises upon which any livestock animal is maintained for more than seven consecutive days within the city limits shall provide adequate fencing in a good state of repair to guarantee the confinement of said animal within the fence, which fence shall completely enclose an area adhering to the minimal dimensional requirements.

C. Waste Disposal. The owner of each livestock animal and the owner and/or occupier of the premises upon which said animal is maintained within the city limits shall guarantee and, at all times, maintain the premises upon which the livestock animal is maintained in a sanitary and neat condition, including, but not limited to, disposal of manure or other waste material from said animal. An unreasonable accumulation of flies or other insects or pests within the property on which said animal is maintained, and/or noxious or offensive odors, or the unreasonable accumulation of flies, insects or other pests transcending into neighboring or vicinal real property, shall be presumed to be inadequate sanitary conditions. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.150 Cleaning up after animals.

Every person who owns or who has under his control or care any animal shall be responsible for picking up and immediately removing any offal or manure left by any such animal upon any public place or private property not owned by him or her. Any person who fails to pick up and remove immediately any offal or manure left by an animal under his control shall be subject to a class “A” civil infraction. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.160 Mistreatment or permitting fights prohibited.

No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. Anyone who permits such conduct on premises under his control, and any person present as a spectator at such exhibition shall also be deemed a violator of this subsection and subject to punishment therefor. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.170 Abandonment prohibited.

No animal shall be abandoned nor left unattended for more than 24 consecutive hours without adequate care. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.180 Circuses and animal exhibitions.

No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemicals, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.190 Confinement in vehicle.

No person shall confine an animal within or on a motor vehicle at any location under such conditions that may endanger the health or well-being of the animal, including but not limited to extreme temperatures, lack of food, water or attention, or confinement with a dangerous animal. Any animal control or police 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 in this section. Any animal so removed shall be delivered to the animal control shelter after 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. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.200 Provision of adequate food, water and shelter.

Every animal shall be provided with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care, when needed to prevent suffering, and humane care and treatment. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.210 Care and sanitation for confined and/or restrained animals.

A. Any person who confines any animals shall supply the same during such confinement with clean, adequate shelter from the weather and a sufficient daily quantity of food and water.

B. Whoever keeps, uses, restrains or maintains within the city any pen, stable, lot, place or premises in which any animal or fowl may be confined, in such manner as to be nauseous, foul or offensive, or which for any cause becomes an annoyance to any person, family or community, is deemed to be maintaining a nuisance and is subject to the penalties prescribed in EMC 6.04.330.

C. Any animal, excluding livestock and poultry, that is restrained by a tether must be restrained in compliance with the following requirements:

1. Chains must be adequate to restrain the animal, but appropriate size and weight for the animal.

2. The use of chains, pinch/prong collars, or choke chains as collars is prohibited. This subsection does not apply to pinch/prong collars or choke chains used for training purposes when a person is present at all times and is actively engaged in training the animal.

3. A tether must be connected to a collar or harness on a swivel or in a manner that prevents entanglement.

4. The tether must not cause injury, disfigurement or physical impairment to the animal.

5. A tether must allow access to food, water and shelter while restrained.

6. A tether must not allow the animal to leave the owner’s property.

7. If there are multiple animals, each animal must be restrained with a separate tether in a manner that prevents entanglement. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.220 Nuisances – Generally.

A. Every owner of an animal shall exercise proper care and control of his animal to prevent animals from becoming a public nuisance. Excessive or untimely barking, whining, screeching, howling, caterwauling, crowing, braying or other like sounds which extend beyond the boundary of the owner’s property, or molesting passersby, chasing vehicles, attacking other domestic animals, depositing excretory matter on property other than that of the owners, damaging property and running at large, shall be deemed a nuisance.

B. It shall be unlawful for an animal, which has the propensity to bite or attack human beings, to run loose on or within the owner’s premises in such a manner as to endanger the safety of any person lawfully entering such premises. Failure to properly restrain such animal as stated in this title shall constitute a misdemeanor and shall also constitute a nuisance. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.230 Vicious animals.

Repealed by Ord. 2015-06. (Ord. 2001-12 § 1, 2002).

6.30.240 Dangerous and potentially dangerous animals.

A. Declaration of Animals as Dangerous or Potentially Dangerous – Procedure.

1. The animal control authority may declare an animal as dangerous animal or potentially dangerous animal if the animal control officer has a reasonable belief that the animal’s conduct falls within the definition of a dangerous animal or potentially dangerous animal as set forth in Chapter 6.20 EMC and the exclusions contained in this section do not apply. The finding must be based upon:

a. The written or verbal complaint of a citizen who is willing to testify that the animal has acted in a manner which causes it to fall within the definitions of a dangerous animal or potentially dangerous animal; or

b. Animal bite reports filed with the animal control authority; or

c. Actions of the animal witnessed by any animal control officer or law enforcement officer which causes it to fall within the definitions of a dangerous animal or potentially dangerous animal; or

d. Other substantial evidence.

2. Exclusions. An animal shall not be declared to be a dangerous animal or potentially dangerous animal if the threat, injury, or bite alleged to have been committed by the animal was sustained by a person who was at the time committing a willful trespass upon the premises occupied by the owner of the animal, or who was abusing or assaulting the animal, or who was committing or attempting to commit a crime. This exclusion does not apply to actions taken in defense of oneself, other humans, animals, or property.

3. The declaration of a dangerous or potentially dangerous animal shall be in writing and shall be served on the owner by one of the following methods:

a. Regular and certified mail to the owner’s last known address. Service shall be deemed complete upon the third day following the day upon which the notice was placed in the mail. If the third day falls upon a Saturday, Sunday, or legal holiday, then service shall be deemed complete on the next business day; or

b. Personally; or

c. By posting the declaration in a conspicuous location at the owner’s residence and mailing the notice by regular mail to the owner’s last known mailing address.

4. The declaration shall state at least:

a. The description of the animal.

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

c. A brief statement of facts upon which the declaration is based.

d. A reference to the code section that contains a definition of a dangerous animal or potentially dangerous animal, and to this section.

e. The availability of an appeal for an owner who objects to the declaration, including the time for filing an appeal of 10 calendar days.

B. Appeal of Declaration.

1. The owner of the animal may contest a declaration of a dangerous animal or potentially dangerous animal by submitting a written appeal.

a. The owner shall submit the written appeal to the Eatonville animal control office within 10 calendar days of service of the declaration. The written appeal shall include a mailing address where the owner agrees to accept further notices regarding the appeal from the Eatonville animal control office.

b. Within seven days of receipt of a written appeal, the Eatonville animal control office shall schedule an appeal hearing before the mayor of the town of Eatonville, who shall hear appeals.

c. Notice of the appeal hearing shall be mailed to the owner’s address as listed on the written appeal.

d. At the appeal hearing, the scope of evidence and the scope of review shall be de novo.

e. The burden shall be on the animal control authority to prove, by a preponderance of evidence, that the animal is a dangerous animal or potentially dangerous animal as defined in Chapter 6.20 EMC and that the exclusions contained in subsection A of this section do not apply.

f. The mayor shall render a decision on the appeal within 30 calendar days following the conclusion of all testimony and hearings and closing of the record unless a longer period of time is agreed to by the parties.

2. The decision of the mayor shall be considered final and conclusive unless a writ of review is filed in the Pierce County superior court within 20 calendar days of the decision.

a. If a writ is issued, the petitioner shall be responsible for paying the cost of preparing the administrative record and the transcript of proceedings and shall serve copies of both upon the Eatonville town administrator’s office. The prevailing party shall be entitled to recovery of these costs.

3. During the entire appeal process, the owner shall keep the animal indoors or securely confined on the property where the owner resides. Secure confinement may be accomplished by erecting an escape-proof fence, keeping the animal in a proper enclosure as described in EMC 6.20.215, humanely tethering the animal as described in EMC 6.30.210, or by other means approved by the animal control authority. It is unlawful for the owner appealing a declaration to allow or permit the animal to go beyond the premises of the owner unless such animal is securely leashed, under the control of a competent adult, and humanely muzzled or otherwise securely restrained. Upon noncompliance with this subsection, the animal control authority is authorized to impound the animal subject to the procedures set forth in subsection F of this section.

C. Permits, Fees, and Conditions for Dangerous Animals.

1. Following the declaration of a dangerous animal and the exhaustion of any appeals therefrom, the owner of a dangerous animal shall obtain a permit for such animal from the animal control authority and shall be required to pay the fee for such permit in the amount of $500.00 to the Eatonville animal control. In addition, the owner of a dangerous animal shall pay an annual renewal fee for such permit in the amount of $500.00 to the Eatonville animal control. A permit will be issued to the owner of a dangerous animal upon payment of the permit fees if the owner is able to pass an inspection within the prescribed time frame by meeting the following inspection criteria:

a. A proper enclosure of the dangerous animal with a posted warning sign as defined in EMC 6.20.265;

b. Proof that the dangerous animal has been microchipped and microchip number is provided;

c. Two current, color, digital photographs in electronic format of the dangerous animal (minimum three inches by five inches in size), for identification purposes;

d. Proof of current rabies vaccination for the dangerous animal;

e. Proof the dangerous animal has been spayed or neutered;

f. Proof of a policy of liability insurance (such as homeowner’s insurance) issued by an insurer qualified under RCW Title 48 in a minimum amount of $500,000, insuring the owner for any personal injuries inflicted by the dangerous animal, or proof of a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in a minimum amount of $500,000 and payable to any person injured by the dangerous animal;

g. Proof that the owner has obtained a muzzle for the dangerous animal as defined in EMC 6.20.185. The muzzle must be available at time of inspection; and

h. Proof that the owner has obtained a brightly colored collar for the dangerous animal with current license tag. The collar must be made available at the time of inspection.

2. Following a declaration of dangerous animal and the exhaustion of any appeals therefrom, it shall be unlawful for the person owning or harboring or having care of a dangerous animal to allow and/or permit such animal to:

a. Remain outside of a proper enclosure while on the premises of such person; or

b. Go beyond the premises of such person unless such animal is securely leashed and humanely muzzled or otherwise securely restrained.

The animal must wear a brightly colored collar with current license tag at all times.

3. Where an animal is found to be dangerous because the animal killed a human being, after the exhaustion of appeal therefrom, the dangerous animal shall be surrendered to the animal control authority and be humanely euthanized.

D. Permits, Fees, and Conditions for Potentially Dangerous Animals.

1. Following the declaration of a potentially dangerous animal and the exhaustion of any appeals therefrom, the owner of a potentially dangerous animal shall obtain a permit for such animal from the animal control authority and shall be required to pay the fee for such permit in the amount of $250.00 to the Eatonville animal control. In addition, the owner of a potentially dangerous animal shall pay an annual renewal fee for such permit in the amount of $250.00 to the Eatonville animal control. A permit will be issued to the owner of a potentially dangerous animal upon payment of the permit fees if the owner provides the following:

a. Proof that the potentially dangerous animal has been microchipped and microchip number is provided;

b. Two current, color, digital photographs in electronic format of the potentially dangerous animal (minimum three inches by five inches in size), for identification purposes;

c. Proof of current rabies vaccination for the potentially dangerous animal;

d. Proof the potentially dangerous animal has been spayed or neutered; and

e. Proof that the owner has obtained a brightly colored collar for the potentially dangerous animal with current license tag. The collar must be made available at the time of inspection.

2. The animal control authority may impose any or all of the following restrictions upon the owner of a potentially dangerous animal:

a. Training. The animal control authority may require the owner of a potentially dangerous animal and the potentially dangerous animal to attend, complete, and pay all costs associated with an obedience training class. The animal control authority shall pre-approve any choice of class by the owner of the potentially dangerous animal, and proof of satisfactory completion of such training shall be provided to the animal control authority, even if similar training has been completed by the potentially dangerous animal in the past.

b. Restraint. The animal control authority may require the owner of the potentially dangerous animal to muzzle the potentially dangerous animal whenever the potentially dangerous animal goes beyond the owner’s property.

c. Confinement. The animal control authority may require that the owner of a potentially dangerous animal keep the potentially dangerous animal within a proper enclosure as defined in EMC 6.20.215 while on the owner’s property.

d. Warning. The animal control authority may require that the owner of a potentially dangerous animal post a warning sign as described in EMC 6.20.265.

e. Liability Insurance. The animal control authority may require that the owner of a potentially dangerous animal purchase a policy of liability insurance (such as homeowner’s insurance) issued by an insurer qualified under RCW Title 48 in a minimum amount of $250,000, insuring the owner for any personal injuries inflicted by the potentially dangerous animal.

3. The animal control authority may inspect the owner’s premises to verify compliance with this section.

4. Petition to Vacate the Declaration. Where an owner has obtained a potentially dangerous animal permit and has been in compliance with the requirements of this section for three consecutive years, the owner may submit a written petition to vacate the potentially dangerous animal declaration and to lift the associated ownership requirements.

a. The petition shall be submitted to the animal control authority.

b. The animal control authority will forward the petition, along with any comments, objections, and recommendations, to the mayor.

c. The animal control authority may request that a public hearing be scheduled to hear the petition.

d. The mayor may, in his/her discretion, grant the petition where the petitioner demonstrates, by a preponderance of evidence, that the animal no longer poses a substantial danger. Among the factors that the mayor may consider is the age of the potentially dangerous animal, the potentially dangerous animal and owner’s successful completion of an obedience training class, evidence of aggressive behavior or lack thereof, and any other relevant evidence.

e. The mayor shall issue a decision granting or denying the petition within 30 days of the hearing.

E. Notification of Status of a Dangerous Animal or Potentially Dangerous Animal.

1. The owner of an animal that has been classified as a dangerous animal or potentially dangerous animal shall immediately notify the animal control authority when such animal:

a. Is loose or unconfined; or

b. Has bitten or otherwise injured a human being or attacked another animal.

2. At least 48 hours prior to a dangerous animal or potentially dangerous animal being sold, given away, or moved to another location, the owner shall provide the name, address, and telephone number of the new owner, or the address of the new location, to the animal control authority. The owner shall provide a copy of the declaration to any new owner.

3. When an animal classified as a dangerous animal or potentially dangerous dies, the owner of said animal shall submit proof (vet records, etc.) to the Eatonville animal control within 10 calendar days.

F. Impoundment of Dangerous Animals or Potentially Dangerous Animals. Should the owner of a dangerous animal or potentially dangerous animal violate the conditions or restrictions of owning or possessing a dangerous animal or potentially dangerous animal such animal may be seized and impounded upon issuance of a warrant.

1. The owner may prevent the animal’s destruction by, within two business days, submitting a petition for the animal’s immediate return.

a. The owner shall submit the written petition to the animal control authority and the petition will be forwarded to the mayor.

b. Within seven days of receipt of a written appeal, the Eatonville animal control office shall schedule an appeal hearing before the mayor of the town of Eatonville, who shall hear appeals.

c. Notice of the hearing shall be mailed to the owner at the address listed on the notice of appeal.

d. At the appeal hearing, the burden shall be on the animal control authority to prove, by a preponderance of the evidence, that the owner failed to comply with the conditions or restrictions of owning and possessing a dangerous or potentially dangerous animal.

e. The mayor shall decide if the animal should be returned to the owner, subject to conditions that will bring the owner into compliance with this section, or be humanely euthanized.

f. In cases where a declaration of dangerous animal or potentially dangerous animal has been issued, but an appeal of the declaration is pending, the mayor shall decide if the animal should be returned to the owner or remain in impound pending a decision on the appeal. If the mayor decides to release the animal back to the owner, he may impose additional ownership conditions as necessary to protect the public while the appeal is pending.

g. If the mayor allows the release of the animal, the owner shall pay all redemption, boarding, and veterinary fees and costs prior to release, except in cases where the animal control authority failed to meet its burden of proof.

2. If a decision to euthanize the animal is rendered by the mayor, the owner may prevent the animal’s destruction by, within seven calendar days:

a. Petition the Pierce County district court for the animal’s immediate return, subject to court imposed conditions;

b. Post a bond or security in an amount sufficient to provide for the animal’s care for a minimum of 30 calendar days from the seizure date; and

c. Serve a copy of the petition upon the animal control authority and the town administrator’s office the same day that the petition is filed in district court.

3. The burden shall be on the animal owner to prove that the decision of the mayor was arbitrary and capricious.

4. In the event the district court finds that the mayor’s decision was arbitrary and capricious, the bond or security shall be refunded to the poster and the animal shall be released to the owner.

G. Criminal Penalties for Failure to Control or Comply with Restrictions.

1. Any person who knowingly violates any provision of this section shall be guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or be imprisoned in the county jail for a period not to exceed 90 days or by both such fine and imprisonment. For each violation of this chapter of a continuing nature, each day of violation may be considered a separate offense.

2. Any person found guilty of violating this section shall pay restitution to the animal control authority for all expenses incurred in the enforcement of this section, including boarding/shelter, food, and veterinary expenses.

3. Furthermore, any dangerous animal or potentially dangerous animal which attacks a human being or animal may be ordered destroyed when, in the court’s judgment, such dangerous or potentially dangerous animal represents a continuing threat of serious harm to human beings or animals.

H. Duty to Comply. It is the duty of every animal owner to keep his or her animals under proper supervision and control at all times. Where an animal is declared dangerous or potentially dangerous, the duty is upon the animal owner to comply with all provisions of this section. When an animal owner breaches these duties, the responsibility for any resulting injury or damage shall be on the animal owner and not the town.

I. Possession of a Dangerous Animal or Potentially Dangerous Animal where Prohibited. It is unlawful to bring an animal into the town of Eatonville that has been declared to be dangerous or vicious by any other agency, animal control authority, hearing examiner, municipality or court. The owner of such animal shall be guilty of a gross misdemeanor under circumstances evidencing that the animal was intentionally brought into the town of Eatonville by the owner or at the request or acquiescence of the owner.

J. Relocation of Dangerous Animals or Potentially Dangerous Animals without Proper Notice. When an animal has been declared a dangerous animal or potentially dangerous animal by an animal control authority, the owner of the animal shall be guilty of a gross misdemeanor if such animal is thereafter found to have been moved to a location other than as registered with the animal control authority without prior notice as indicated in subsection E of this section.

K. Animals Declared Potentially Dangerous in Other Jurisdictions. When an animal has been declared potentially dangerous by any other agency, animal control authority, hearing examiner, municipality or court, the owner of such animal shall obtain a permit in accordance with subsection D of this section within 30 days of the declaration or, if an appeal has been filed, a final decision in the other jurisdiction. During the entire appeal process, the owner shall not allow or permit the animal to go beyond the premises of the owner unless such animal is securely leashed and under the control of a competent adult and humanely muzzled or otherwise securely restrained. Failure to comply with this subsection shall be a gross misdemeanor. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).

6.30.250 Bite reports.

Every animal, which bites a person or domestic animal, shall be promptly reported to the animal control authority and shall thereupon be securely quarantined at the direction of the animal control authority for a period of 10 days. At the discretion of the animal control authority, such quarantine may be on the premises of the owner, at the shelter designated as the city’s animal shelter, or, at the owner’s option and expense, in a veterinary hospital of the owner’s choice. In the cases of animals whose ownership is not known, such quarantine shall be at the shelter designated as the city animal shelter or veterinary hospital. (Ord. 2015-06 § 1 (Exh. A), 2015; Ord. 2001-12 § 1, 2002).