Chapter 6.04
ANIMAL CONTROL1
Sections:
6.04.030 Registration and licensing of cats and dogs—Requirements.
6.04.040 Facilities—Applicability of provisions.
6.04.050 Facilities—Licensing procedure.
6.04.060 Facilities—Denial and revocation of license—Appeals.
6.04.080 Obstructing animal control officer prohibited.
6.04.090 Shelter operation—Impoundment procedures—Release and disposal.
6.04.110 Administration and enforcement by manager.
6.04.130 Entering private property to take possession of animal.
6.04.010 Title.
The ordinance codified in this chapter may be cited as the “animal control ordinance.” (Ord. 1810-91 § 1, 1991)
6.04.020 Definitions.
As used in this chapter, the terms defined in this section shall have the defined meanings unless the context requires otherwise:
“Adult dog or cat” means any dog or cat over the age of six months.
“Animal” means any live vertebrate and invertebrate creature, reptile, amphibian, or bird, except Homo sapiens.
Animal at Large. Any animal off the property of its owner, unless restrained by leash, tether or other physical control device not to exceed eight feet in length and under the physical control of a responsible person, whether or not the owner of such animal, or which enters upon the property of another person without authorization of that person, shall be deemed “at large.”
“Animal control” means the animal services division of the city of Everett, which includes the Everett animal shelter.
“Animal exhibition” means public display of any living animal in the promotion of entertainment, education, advertisement or any commercial enterprise.
Animal Kennel or Cattery. The three types of kennel or cattery are defined as follows:
1. “Hobby kennel or cattery” means any facility or residence where more than two, but less than seven, sexually neutered dogs or sexually neutered cats, or combinations thereof in excess of two dogs and two cats, are kept, or harbored, for the enjoyment of the species only. In addition to the hobby kennel fee (see Section 6.04.100 of this chapter), each dog and cat must be licensed individually at regular fees.
2. “Private kennel or cattery” means any facility where more than two dogs or two cats of licensable age, or a combination of each in excess of two dogs and two cats and which cannot total more than eight animals (dogs and cats) are kept or harbored, which facility provides care, training of whatever nature, or breeding services, and does not have a business license related to the animal services. In addition to the private kennel fee, each dog and cat must be licensed individually at the regular fees set forth herein.
3. “Commercial kennel or cattery” means any owner or broker who keeps, leases, buys, barters, or sells animals for gain; provides facilities for breeding, boarding, transporting, exhibiting, grooming, including bathing or their cosmetic care; or provides guard services. In addition to the commercial kennel or cattery license, each personal pet must be licensed individually at the regular fees set forth herein.
“Euthanasia” means the putting to death of an animal in a humane manner.
“Exotic, wild or dangerous animal” means any member of the animal kingdom which is not commonly domesticated or which is not common to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any domesticated animal which, because of its size, vicious nature or other similar characteristics, would constitute a danger to human life or property if not kept, maintained or confined in a safe and secure manner. Incorporated by reference here are the State Game Department regulations, principally the following: WAC 232-12-15, 232-12-030, 232-12-040, 232-12-050 and 232-12-060.
“Harboring” means allowing any animal to remain, be lodged, fed, or sheltered on the property one owns, occupies or controls for more than twenty-four hours.
“Kitten” means any cat under the age of six months.
“Livestock” includes horses, mules, jackasses, cattle, sheep, llamas, goats, swine, and all ratites, which includes, but is not limited to, emus and ostriches.
“Manager” means the manager of the animal services division or designee.
“Owner” means any person or legal entity having a possessory property right in an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to remain on premises occupied by him.
“Personal service” means: handing it to the owner’s attorney or to the owner; or leaving it at their office with their clerk or other person in charge thereof, or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the owner has no office, leaving it at their dwelling, house or usual place of abode with some person of suitable age and discretion then residing therein.
“Proper shelter” means a structure with at least four walls, a roof, a floor which is raised off the ground, a door opening properly shielded from wind and rain, with size commensurate to the size of the inhabiting animal.
“Puppy” means any dog under the age of six months.
“Regional pet licensing program” means the regional pet licensing program which the city participates in by virtue of the interlocal agreement between the city and Snohomish County dated April 23, 2003, as revised or amended.
“Service dog” or “police dog,” which includes “guide dog,” means a dog that is trained or approved by an accredited school, or state institution of higher education, engaged in training dogs for the purpose of assisting or accommodating a physically disabled person related to the person’s physical disability.
“Sexually neutered” means medically determined to be incapable of reproduction or when the physical condition of an animal is certified by a licensed veterinarian to be such as would prohibit performance of such medical procedure to render it unreproductive.
“Small livestock” includes domesticated fowl and fur-bearing animals which are normally bred or maintained within pens, cages or hutches.
“Valid license” means a current tag from the jurisdiction in which the animal resides. (Ord. 3228-11 § 1, 2011; Ord. 2684-03 § 1, 2003: Ord. 2394-99 § 1, 1999: Ord. 1810-91 § 2, 1991)
6.04.030 Registration and licensing of cats and dogs—Requirements.
A. All adult cats and dogs harbored, kept or maintained within the city shall be licensed and registered annually, or within thirty days of acquisition by the owner, or within thirty days of being moved into the city, whichever occurs later. Licenses shall be issued upon payment of the amount required by Section 6.04.100 of this chapter, and upon proof of current vaccination for the following communicable disease from a licensed veterinarian: rabies. Dogs and cats issued a lifetime license, prior to implementation of the regional pet licensing program, are not subject to the annual registration.
B. Licenses.
1. License tags shall be securely displayed upon dogs and cats at all times, except when the animal is displayed in any official exhibition or is working in the field as a hunting animal. Cat owners shall be allowed to choose the means by which to display the identification number (tag, collar or other acceptable form of identification tag, with the registration number on it). An identification tag, with registration number, shall be supplied by animal control.
2. Licenses are not transferable to another animal. License information may be transferred to a new owner upon payment of a registration fee as set forth in Section 6.04.100 of this chapter.
3. With the exception of lifetime licenses, all licenses provided in this section shall expire one year from the last day of the same month the license was issued. The license fee will be the rate as provided in Section 6.04.100 of this chapter.
4. Owners of animals displaying current licensing from jurisdictions outside the boundaries of those municipalities participating in the regional pet licensing program shall purchase a new license for the license replacement fee listed in Section 6.04.100 of this chapter, provided the animal remains in possession of the owner to whom such license was duly issued.
5. Animals must be licensed to the address where they reside or are kept.
C. Exceptions from Licensing and Waiver of Fees. License fees for animals owned by persons aged sixty-five or older and for owners of registered service dogs shall be as specified in Section 6.04.100 of this chapter. (Ord. 2684-03 § 2, 2003: Ord. 2394-99 § 2, 1999: Ord. 1810-91 § 3, 1991)
6.04.040 Facilities—Applicability of provisions.
A. Facilities housing at any time more than two adult dogs or cats, or a combination thereof, in excess of two dogs and two cats, or when the keeping of such animals produces more than one litter each year from all such animals housed, or an animal kennel or cattery, hobby kennel, or commercial kennel or cattery, or the keeping of any livestock or exotic, wild or dangerous animal, or the offering of any service for gain in connection with such facility, shall obtain a license in accordance with procedures, standards and limitations provided in this chapter; and no such facility may lawfully operate except upon application and payment of prescribed fees for such license. Issuance of such license shall not constitute approval of the land use, nor evidence compliance with zoning regulations which may apply to the proposed facility operation.
B. Exceptions to subsection A of this section shall be as follows:
1. Licensed veterinary hospitals and clinics are not required to obtain a facilities license. Any personal pets kept at the facility must be registered per Section 6.04.030(A) of this chapter.
2. Visiting animal exhibitions in the city limits for fifteen days or less must conform to facility standards, but are exempt from normal license fees.
3. Licensed commercial facilities established prior to the effective date of the ordinance amending this chapter shall not be required to purchase annual individual pet licenses for their breeding stock but shall be required to display personal ID tags.
C. Facilities housing less than six small livestock or litters from such livestock under twelve weeks of age are not required to obtain a facility license specifically related to those animals. (Ord. 2394-99 § 3, 1999: Ord. 1810-91 § 4, 1991)
6.04.050 Facilities—Licensing procedure.
A. Applications for a facilities license shall be made upon forms furnished by animal control including all information required therein and shall be accompanied by payment of the required fee.
B. An initial facilities license shall expire one year from the date of application. Applications for renewal must be made within the month prior to expiration of the facilities license. All renewals will refer back to the original date of expiration. Late renewals will be subject to a late renewal fee.
C. During the initial year of the ordinance codified in this chapter, persons filing application and paying the required fee for such license shall be issued a receipt by the manager which shall constitute preliminary approval to operate such facility, subject to inspection of the facility by the manager or his designee, and final approval for operation.
D. The manager of animal control, together with the animal control advisory board, shall promulgate regulations for the issuance of facility licenses which shall include requirements for humane care of all animals and for compliance with the provisions of this chapter and other applicable laws. A copy of these regulations will be on file at the animal control shelter and the city clerk’s office. The manager of animal control may amend such regulations from time to time as deemed necessary.
E. The manager, or his designee, shall inspect any facility for which licensing is sought and, upon determination that the facility and operation complies with all regulations, applicable provisions of this chapter and other applicable laws, the manager shall issue final approval.
F. If the manager fails to approve or deny the application within sixty days of its receipt and payment of fees, the application shall be deemed approved for the current year and shall thereafter be subject only to revocation as provided in Section 6.04.060 of this chapter.
1. A license shall be conspicuously displayed on the facility premises, and a holder of a license shall keep available for inspection by the manager, or his designee, a record of the name, address and telephone number of the owner of each animal kept at the facility, the date each animal was received, the purpose therefor, the name and address of the person from whom the animal was purchased or received, a description of each animal including age, breed, sex, color, and the animal’s veterinarian, if known.
2. Holders of livestock facility permits shall display such signs as may be required by the manager at a location near the entry to such facility describing the number and species of livestock on the premises and the identity of and contact information for any person responsible for such livestock. (Ord. 2394-99 § 4, 1999: Ord. 1810-91 § 5, 1991)
6.04.060 Facilities—Denial and revocation of license—Appeals.
A. A license required by Sections 6.04.040 and 6.04.050 of this chapter may be denied or revoked for any of the following reasons:
1. Conviction for violation of any provision of this ordinance or other applicable city, state or federal law, rule, order or regulation pertaining to any activity for which licensing approval is sought;
2. Furnishing false information on an application for licensing;
3. Conviction of the applicant or any person in his employ, or any person to whom the applicant entrusts supervision of the facility, of any offense involving cruelty to animals, whether in this or any other state;
4. Refusal to allow the animal control agency to inspect all animals, the premises where animals are kept, any records regarding acquisition or disposal of the animals, and any veterinary records of the animals, at any reasonable time;
5. When records at animal control show a history of repeated violations of any of the provisions of this chapter;
6. When conditions do not meet the standards of cleanliness and sanitation necessary to protect the health of the animals and community;
7. When it involves the keeping of swine or roosters; and
8. If the applicant has not established, and does not intend to establish, a permanent facility (one that is located for three hundred sixty-five days a year within the city) for the purposes of his/her animal related business.
B. The manager shall refund fifty percent of any fee paid upon denial of a license; however, no refund shall be made upon revocation.
C. If an application for licensing is denied, or approved subject to conditions, the applicant may appeal such denial or conditional approval upon filing a written request with the manager of animal control within ten days of the date such denial or conditional approval was served upon him/her by certified mail or personal service.
D. Hearing upon such duly requested appeal shall be conducted before the animal control advisory board within thirty days of such request, with notice to the applicant by certified mail or personal service, no later than ten days prior to the hearing.
E. The manager shall investigate any complaint concerning licensed facilities and, upon determining that a license should be revoked, he/she shall provide written notice to the licensee of such determination by certified mail or personal service. The licensee may appeal the revocation by filing a written appeal within ten days of notification to the following address: Manager, Everett Animal Shelter, 2732 36th Street, Everett, WA 98201. Hearing upon such duly requested appeal shall be conducted before the animal control advisory board within thirty days of such request, with notice to the appellant by certified mail or personal service, no later than ten days prior to the hearing; failure to file a timely request shall terminate any appeal right, and the manager’s decision revoking the license shall not be reviewable otherwise.
F. Any person whose license is revoked shall, within ten days thereafter or within the time set by the animal control advisory board, humanely dispose of all animals in excess of prefacility licensing numbers owned, kept, or harbored by such person, and no part of the license fee shall be refunded.
G. If a license application is denied or revoked, an applicant may reapply after one year has elapsed from the date of the appeal hearing, or from the date of compliance with the order to remove animals from denied/revoked facility, whichever is latest.
H. The operation of a kennel or cattery without a permit, or when a permit has been denied or revoked, shall constitute a misdemeanor, and may be punished by a fine not to exceed one thousand dollars, or imprisonment not to exceed ninety days, or both such fine and imprisonment. (Ord. 2394-99 § 5, 1999: Ord. 1810-91 § 6, 1991)
6.04.070 Prohibited conduct.
A. Offenses Relating to Safety and Sanitation. It is unlawful for any person to:
1. Allow the accumulation of animal feces in any open area, run, cage or yard wherein animals are kept and to fail to remove or dispose of feces at least once every twenty-four hours;
2. Fail to remove the fecal matter deposited by his/her animal on public or private property of another before the owner and/or animal leaves the immediate area where the fecal matter was deposited;
3. Fail to have in his/her possession the equipment necessary to remove his/her animal’s fecal matter when accompanied by said animal on public property or public easement;
4. Have possession or control of any animal sick or afflicted with any infectious or contagious disease and fail to provide treatment for such disease, or suffer or permit such diseased or infected animal to run at large, or come in contact with other animals, or drink at any public or common watering trough or stream accessible to other animals.
5. Owners of duly licensed “working dogs” are exempted from subsections (A)(2) and (3) of this section.
B. Offenses Relating to Control. It shall be unlawful for any person to:
1. Permit any animal to be at large. Exception: licensed domestic cats;
2. Permit a domestic cat to trespass upon the property of another in such a manner as to be a nuisance;
3. Permit an animal to be unattended on public premises, property or right-of-way except in those areas specifically designated to permit animals; animals must be confined to such restricted areas. Exception: licensed domestic cats, when not in conflict with subsection (B)(2) of this section;
4. Fail to keep every female dog or cat in heat confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding;
5. Be in possession of property and knowingly permit frequent, continuous or repetitive barking or noise made by any animal, which originates from the property, and which unreasonably disturbs or interferes with the peace, comfort and repose of property owners or possessors, except that such sounds made in animal shelters or veterinary hospitals in compliance with this chapter at the time of the effective date of the amendatory ordinance codified in this section shall be exempt from this subsection;
6. Permit any animal to damage public property or the private property of another.
C. Offenses Relating to Cruelty. It shall be unlawful for any person to:
1. Abandon an animal by intentionally, knowingly, recklessly or with criminal negligence leaving a domesticated animal at a location without providing for the animal’s continued care. It is no defense to abandonment to abandon an animal at or near an animal shelter, veterinary clinic or other place of shelter if reasonable arrangements for the care of the animal were not made by the person abandoning the animal;
2. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, fail to provide an animal with sufficient good and wholesome food and a constant source of clear potable water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment;
3. Leave an animal unattended for more than twenty-four consecutive hours;
4. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, beat, cruelly 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 thereof;
5. Give away any live animal as a prize for, or as an inducement to enter, any contest, game, or other competition, or as an inducement to enter a place of amusement; or offer such animals as an incentive to enter any business agreement whereby the offer was for the purpose of attracting trade;
6. Fail, as the operator of a motor vehicle which strikes a domestic animal, to stop at once and render such assistance as may be possible and fail to immediately report such injury or death to the animal’s owner; in the event that the owner cannot be ascertained and located, such operator shall at once report the accident to the Everett animal control or the Everett police department;
7. Lay out or expose any kind of poison or leave exposed any poisoned food or drink for animals, or any substance or fluid whatever, whereon or wherein there is or shall be deposited or mingled, any kind of poison or poisonous or deadly substance or fluid whatsoever, on the premises of another, or in any unenclosed place, or to aid or abet any person in so doing. Exception: This does not apply to state-licensed pest control operators performing this within the scope of employment;
8. Permit an animal exhibition or circus to perform in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering;
9. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, confine, without adequate ventilation, any animal in any box, container or vehicle;
10. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, confine an animal within or on a motor vehicle at any location under such conditions as may endanger the health or well-being of the animal, including but not limited to extreme temperatures, lack of food or water, or confinement with a dangerous animal. Any animal control or peace officer is authorized to remove any animal from a motor vehicle, at any location, when he/she reasonably believes it is confined in such conditions as described above. Any animal so removed 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;
11. Tease, tantalize or provoke any animal with the intent to cause fear or anger;
12. Under circumstances not amounting to first degree animal cruelty as defined in RCW 16.52.205, tether or confine any animal in such a manner or such a place as to cause injury or pain or to endanger an animal; or to keep an animal in quarters that are injurious to the animal due to inadequate protection from heat or cold, or that are of insufficient size to permit the animal to move about freely;
13. Tether or confine an animal in such a manner that it can become entangled so that it cannot move freely, cannot reach shelter or water, or such that it can become entangled with another animal; the area where the animal is tethered or confined must be free of extraneous material that may cause it injury (such as, but not limited to, glass, sharp metal, nails, etc.). Tether must be a minimum length of three times the length of the animal as measured from the tip of its nose to the base of its tail;
14. Transport an animal in or on a vehicle in such manner that it can exit the vehicle while it is in motion. The animal must be contained or secured in a manner so as to prevent the possibility of an inadvertent exit by the animal from the vehicle. It is further unlawful for any person to transport any living animal on the running board, fenders, hood, unrestrained in a convertible, in an unenclosed bed of a pickup or flatbed truck, or other outside part of any vehicle unless suitable harness, cage or enclosure is provided and so attached as to protect the animal from falling or being thrown therefrom;
15. To possess cockspurs, slashers, gaffs, or other tools, equipment, devices or training facilities for the purpose of training and/or engaging an animal in combat with another animal; or
16. Set out any leg hold traps in the city unless approved by animal control.
D. Violation of subsection (C)(7) of this section shall constitute a gross misdemeanor, and may be punished by a fine and/or imprisonment up to the maximum fine amount and term of imprisonment set forth in Section 10.04.080(A). Violation of any of the remaining provisions of subsection C of this section shall constitute a misdemeanor, and may be punished by a fine not to exceed one thousand dollars, or imprisonment not to exceed ninety days, or both such fine and imprisonment. (Ord. 3236-11 § 9, 2011: Ord. 2873-05 § 1, 2005: Ord. 2394-99 § 6, 1999: Ord. 2091-95 § 1, 1995: Ord. 1810-91 § 7, 1991)
6.04.080 Obstructing animal control officer prohibited.
A. A person commits the offense of obstructing an animal control officer if:
1. He or she intentionally uses or threatens to use force to obstruct a person that he or she knows or should reasonably know is an animal control officer and such officer is acting in the discharge of his or her official powers or duties; or
2. He or she intentionally does any act that he or she knows or should reasonably know will interfere with or obstruct a person known to be or who should reasonably be known to be an animal control officer and such officer is acting in the discharge of his or her official powers or duties.
B. It is unlawful for any person whom an animal control officer has probable cause to believe has committed a violation of this chapter to refuse to identify him/herself to the officer and/or supply false or misleading information to the officer so as to materially obstruct that officer from performing his/her lawful governmental function.
C. It is unlawful to make a false or misleading statement or representation regarding the ownership or right to custody or control of an animal, or regarding the ownership of an animal redeemed from, surrendered to, detained by the manager, or his/her designee; or to remove any detained animal from the city animal shelter or a department vehicle without proper procedure or permission from the manager.
D. Violation of any of the provisions of this section shall constitute a misdemeanor, and may be punished by a fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days, or both such imprisonment and fine. (Ord. 1810-91 § 8, 1991)
6.04.090 Shelter operation—Impoundment procedures—Release and disposal.
A. Shelter Operations.
1. The manager shall operate, maintain or provide an adequate facility to receive and care for any animal delivered to his/her custody for disposition under provisions of this chapter, which facility shall be accessible to the public during reasonable hours for the conduct of necessary business concerning impounded animals.
2. The shelter will accept animals from outside the city if the city has a written agreement with the government agency responsible for the geographic area from which the animal came. The city shall charge such government agency a per animal fee for handling animals brought to the shelter from its geographic area. The city shall charge the per animal fee irrespective of whether the animal was delivered by an employee of the government agency, a resident of the geographic area from which the animal came, or anyone else.
B. Any animal may be impounded and held at the shelter when it is the subject of a violation of this chapter, when an animal requires protective custody and care for mistreatment or neglect by its lawful owner, or when otherwise ordered impounded by a court.
C. An animal is deemed to be impounded from the time the manager or his designee, including Everett police personnel and contracted agents such as on-call veterinarian hospitals, takes physical custody of such animal.
D. The manager or any animal control officer or police officer may enter the private unenclosed property of another, with or without warrant, when in hot pursuit, to take possession of any animal observed at large.
E. Any person who finds and harbors a dog or cat, which is not lawfully their property and/or without knowing the animal owner’s identity, shall notify the animal control shelter and furnish a description of the animal. The finder may surrender the animal to the animal control shelter or retain its possession, subject to demand of the manager of animal control. Records of reported findings shall be retained by the manager and made available to public inspection. Any finder, in addition to reporting as provided in this section, shall, within seven days of the finding, cause to be published in a newspaper of general circulation, once each week for two consecutive weeks, notice of the finding with description of the animal. If, within thirty days of the finding report made to animal control, no person makes claim upon the finder for return of the animal, the finder who retains possession shall obtain a license as required in this chapter and thus shall become the legal owner.
F. Impoundment is subject to the following holding period and notice requirements:
1. Any animal wearing a current license tag from a jurisdiction within the state shall be held for one hundred forty-four hours (six days) from time of impoundment; the impounding officer shall make reasonable effort by telephone to give notice of impoundment to the owner and, if unsuccessful, shall mail written notice to the last known address of the owner advising of the impoundment and the date by which redemption must be made.
2. Any animal not wearing a current license shall be held for seventy-two hours (three days) from time of impoundment before any disposition may be made of such animal.
3. Litters of kittens and puppies, brought in as abandoned, may be disposed of immediately upon custody, at the discretion of the manager.
4. Animals held for periods prescribed in this section, and not redeemed by the owner, shall become the property of the city.
5. Animals delivered for impoundment by a peace officer who removed such animal from possession of a person in custody of the peace officer shall be held for the period prescribed in subsection (F)(1) of this section.
G. Impoundment and Disposition of Animals.
1. Any impounded animal shall be released to the owner upon payment of impoundment, care and license fees unless in the discretion of the manager or his/her designee there is an ongoing investigation of a violation of this chapter or state law. The manager or his/her designee may release the animal to the owner’s authorized representative; full identification of the owner and their authorized representative must be provided to animal control prior to release.
2. Notwithstanding the provisions of subsection (G)(1) of this section, no impounded animal shall be released to the owner until the owner establishes that any penalties, fines or forfeitures owed by the owner for violation of this chapter have been satisfied.
3. Any animal held for the prescribed period and not redeemed by its owner, and which is neither dangerous nor unhealthy, may be released for adoption, subject to the following conditions:
a. The adoptive owner agrees to furnish proper care to the animal in accord with this chapter;
b. Payment of required fees, including any medical care costs incurred during impoundment; and
c. All animals will be altered (i.e., spayed or neutered) prior to completion of the adoption process. This includes receipt of all applicable fees.
4. There are four exceptions to the mandatory spay and neuter requirement.
a. The first exception is for unaltered animals that are temporarily housed at the shelter and returned to their owners.
b. The second exception is for kittens under eight weeks of age weighing less than two pounds, puppies under six weeks of age, or kittens and puppies who are unhealthy to safely spay and/or neuter. Shelter staff has the option of (i) if shelter space is available, caring for these animals until they can be safely altered; (ii) releasing them to a rescue group as noted in subsection (G)(4)(d) of this section; or (iii) euthanizing them.
c. The third exception is for animals that have a medical condition that makes it dangerous to undergo a spay or neuter surgery. These animals will be subject to the same options as outlined in subsection (G)(4)(b) of this section.
d. The fourth exception is for unaltered animals that are transported to and adopted out by other agencies. This option may include animals described in subsection (G)(4)(b) and/or (G)(4)(c) of this section. It will be the responsibility of the agency to spay and/or neuter these animals. Unaltered animals will not be released to agencies that do not require the animals to be altered prior to or upon adoption.
5. Administration shall decide the most cost-effective means to spay and neuter animals prior to adoption.
6. The owner of any animal retained at the shelter pending legal action pertaining to violations of this chapter and/or other judicial actions or hearings, pertaining to his/her ownership/responsibilities regarding the animal, shall be liable for all fees prescribed by fee schedule, upon conviction.
7. The manager shall dispose of animals held for the prescribed period without redemption or adoption only by means of euthanasia; provided, however, that irrespective of any prescribed holding period the manager, upon advice of a licensed veterinarian, may immediately dispose of any sick or injured impounded animal by euthanasia.
8. The decision of whether to release an animal to an individual for the purposes of adoption shall be discretionary with the manager of his/her designee. In making the determination the manager or his/her designee shall base his decision on what is in the best interest of the animal and what is in the best interest of public safety. Factors which shall be considered include, but are not limited to, the age of the individual requesting adoption, the premises where the animal will be kept, condition, size and/or temperament of the animal. Dogs which have been declared dangerous under the provisions of Chapter 6.08 of this code or Chapter 16.08 RCW, or potentially dangerous under the provisions of Chapter 6.08 of this code, will not be available for adoption. (Ord. 3228-11 § 2, 2011; Ord. 2684-03 § 3, 2003: Ord. 2394-99 § 7, 1999: Ord. 1815-91 § 9, 1991)
6.04.100 Fees.
A. The manager of the animal services division is authorized to administratively establish and charge fees for the use of its services. The manager shall use the following procedure when establishing or changing a fee:
1. New and/or proposed fee changes will be made available for public review;
2. The manager will present new and/or proposed fee changes to the animal shelter advisory board and the animal shelter advisory board will discuss such new and/or proposed fee changes and entertain public comments;
3. The animal shelter advisory board will accept, provide comment, or propose changes to the manager’s recommendation for new and/or proposed fee changes;
4. The manager shall consider all comments and/or proposals before making a final determination on new and/or proposed fee changes; and
5. The manager will provide notice to the city council of his or her final determination on new and/or proposed fee changes prior to implementation. (Ord. 3228-11 § 3, 2011: Ord. 2799-04 § 1, 2004; Ord. 2684-03 § 4, 2003: Ord. 2394-99 § 8, 1999: Ord. 1810-91 § 10, 1991)
6.04.110 Administration and enforcement by manager.
A. It is the responsibility of the manager of Everett’s department of animal control and those he/she designates to enforce the provisions of this chapter.
B. The manager may promulgate such rules and regulations as deemed necessary to implement, administer and enforce provisions of this chapter.
C. The manager shall be empowered to exercise the authority of peace officers to extent necessary to enforce this chapter, which powers shall include issuance of citations, seizure and impoundment of animals subject to this chapter, including pursuit onto city-owned property, vacant property and unenclosed private property and subsequent impoundment.
D. Persons designated by the manager to enforce this chapter shall bear satisfactory identification reflecting the authority under which they act, which identification shall be shown to any person requesting the same.
E. The manager may waive any of the standards for licensing of facilities as he/she deems appropriate to meet peculiar requirements of a particular breed of animal.
F. The manager shall be authorized to reduce or waive any fee prescribed by this chapter except those related to licensing. (Ord. 1810-91 § 11, 1991)
6.04.120 Exotic animals.
A. No person shall possess, breed, import, export, barter, buy, sell, or attempt to buy or sell any of the following animals:
1. All nonhuman primates;
2. All wild cats of the family Felidae and their hybrid, except for the domestic cat Felis catus;
3. All species of bear;
4. All wild carnivores of the family Canidae and their hybrid, except for the domestic dog Canis familiaris;
5. Venomous reptiles and amphibians;
6. All reticulated pythons, Burmese pythons and snakes which may reach ten feet or more in length; and
7. All members of the Alligator (Alligator), Crocodile (Crocodylus) and Caimen (Crocodylus) families.
B. Any person, firm or corporation licensed to sell exotic animals other than those prohibited by subsection A of this section shall within twenty-four hours of the time of sale place in the mail to the Everett animal shelter a statement indicating what type of animal was sold, name of purchaser, purchaser’s address and telephone number.
C. All persons, firms or corporations which possess any of the animals listed in subsection A of this section as of the effective date of the ordinance codified in this section shall register said animals with the Everett animal shelter within thirty calendar days of the ordinance’s effective date. As a condition of registration the animal shelter shall specify the conditions under which the animal is to be kept and the length of time which the person, firm, or corporation has to dispose of the animal. Failure to timely register an animal or to comply with the conditions of registration shall constitute a violation of this chapter.
D. Violation of any of the provisions of this section shall constitute a misdemeanor, and may be punished by a fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days, or both such fine and imprisonment.
E. The provisions of this section shall not apply to facilities constructed and operational on or before January 1, 2000, and any reasonable adjacent expansion thereof, which facilities are licensed and in compliance with United States 55 FR 15210 (April 20, 1990) (as may be hereafter amended). (Ord. 2782-04 § 6, 2004: Ord. 2394-99 § 9, 1999: Ord. 1810-91 § 12, 1991)
6.04.130 Entering private property to take possession of animal.
Any animal control officer may enter the private unenclosed private property of another with or without warrant, when in hot pursuit to take possession of any animal observed in violation of this chapter. (Ord. 1810-91 § 13, 1991)
6.04.140 Violation—Penalty.
A. Unless otherwise provided, violation of any of the provisions of this chapter constitutes an infraction, and may be punished by a fine not to exceed two hundred fifty dollars.
B. Unless otherwise provided, every person who violates this chapter a second time within a two-year period shall be guilty of a misdemeanor, punishable by a fine not less than one hundred dollars nor more than five hundred dollars. One hundred dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine.
C. Unless otherwise provided, every person who violates this chapter a third time within a two-year period shall be guilty of a misdemeanor, punishable by a fine not less than two hundred fifty dollars nor more than one thousand dollars. Two hundred fifty dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine.
D. Penalty and enforcement provisions provided in this chapter shall not be deemed exclusive, and the city may pursue any remedy or relief it deems appropriate.
E. Notwithstanding the other provisions provided in this chapter, anything done contrary to the provisions of this chapter of the failure to comply with the provision of this chapter is declared to be a public nuisance.
F. The city is authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm, and/or corporation from violating any of the provisions of this chapter and compelling compliance with the provisions thereof and the violator shall pay all city costs of seeking such injunction in the event the city is successful in obtaining the injunction. (Ord. 2394-99 § 10, 1999: Ord. 1810-91 § 14, 1991)
For statutory provisions concerning animals generally, see RCW Title 16; for statutory provisions concerning prevention of cruelty to animals, see Ch. 16.52 RCW; for provisions on the animal shelter advisory committee, see Ch. 2.99 of this code.